Wisconsin Administrative Code

DWD 220.09 Appeal of initial determination of no probable cause. (1) WHEN FILED. Within 20 days after the date of an initial determination finding that there is no probable cause, a complainant may file a written request for a hearing on the issue of probable cause. The departmen…

DWD 220.10 Conciliation. (1) CONCILIATION. Upon the consent of all parties, the department may assist the parties to reach a mutually agreeable and just resolution of the complaint at any time during the proceedings. If conciliation resolves a dispute, the terms of the agreement …

DWD 220.11 Charge of discrimination. (1) WHEN CHARGE SHALL BE ISSUED. If the department makes an initial determination that there is probable cause to believe that housing discrimination occurred as alleged in the complaint, or if it issues a decision finding probable cause after…

DWD 220.12 Election of civil action; certification to hearing. (1) ELECTION OF CIVIL ACTION. If a charge is issued under s. DWD 220.11, a complainant, a respondent or an aggrieved person on whose behalf the complaint was filed may elect, in lieu of an administrative proceeding un…

DWD 220.13 Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing. A complaint may be dismissed for the reasons set forth in s. DWD 220.05 (1) after the case is certified to hearing under either s. DWD 220.09 (3) or 220.12 (2)…

DWD 220.14 Notice of hearing. (1) CONTENT. In any matter which has been certified to hearing following the issuance of a charge under s. DWD 220.11 or an appeal of an initial deter- 4 mination of no probable cause under s. DWD 220.09 (3), the department shall send a notice of hea…

DWD 220.15 Answer. (1) WHEN REQUIRED. Within 10 days after the date of a notice of hearing on the merits, each respondent shall file with the hearing section of the division an answer to the allegations of the complaint upon which there is a finding of probable cause, along with …

DWD 220.16 Pre-hearing conference. In any case which has been certified to hearing, a pre-hearing conference may be held in accordance with the provisions of s. 227.44 (4), Stats. History: Cr. Register, September, 1994, No. 465, eff. 10-1-94.

DWD 220.17 Subpoenas and motions. (1) SUBPOEThe cost of service and witness and mileage fees shall be paid by the person requesting the subpoena. Witness and mileage fees shall be the same as set forth in s. 814.67 (1) (a) and (c), Stats. Subpoenas may be enforced pursuant to s. …

DWD 220.18 Pre-hearing discovery. (1) WHEN DISCOVERY MAY BEGIN. Discovery may not be used prior to the time that a matter is certified to hearing, except that the taking and preservation of evidence shall be permitted prior to certification to hearing under the circumstances set …

DWD 220.19 Disqualification of the administrative law judge. Upon the administrative law judge[s own motion, or upon a timely and sufficient affidavit filed by any party, the administrative law judge shall determine whether to disqualify himself or herself because of personal bia…

DWD 220.20 Exchange of names of witnesses and copies of exhibits. By no later than the tenth day prior to the day of the hearing, the parties shall file with the division and serve upon the other party a written list of the names of witnesses and copies of the exhibits which the …

DWD 220.21 Hearing. (1) PROCEDURE. Hearings shall be conducted in conformity with the act and the provisions of ch. 227, Stats. (2) POSTPONEMENTS AND CONTINUANCES. All requests for postponements shall be filed with the administrative law judge or with the chief of the hearing sec…

DWD 220.22 Record of hearing. (1) METHOD OF RECORDING HEARING. A stenographic, electronic, or other record of oral proceedings shall be made at all hearings conducted under the act. Any party wishing to have a court reporter present to transcribe the proceedings shall be permitte…

DWD 220.23 Decision and order. (1) DECISION AND ORDER AFTER HEARING ON THE ISSUE OF PROBABLE CAUSE. After a hearing on the issue of probable cause, the administrative law judge shall issue a written decision and order which dismisses the allegations of the complaint or which orde…

DWD 220.24 Judicial review. Any party may file a petition for review of a final decision and order of the administrative law judge in the appropriate circuit court, pursuant to s. 106.50 (6) (j), Stats. A final decision and order is one which finally disposes of the entire compla…

DWD 220.25 Filing of documents by facsimile transmission or electronic mail. (1) FILING OF DOCUMENTS BY FACSIMILE TRANSMISSION. (a) Except where otherwise directed by the division, documents may be filed by facsimile transmission. Documents filed by facsimile transmission shall i…

DWD 221.01 Purpose. The purpose of this chapter is to implement the laws prohibiting discrimination in public accommodations and amusements, and to provide an impartial and speedy procedure for resolving disputes of alleged discrimination in public accommodations and amusements. …

DWD 221.02 Definitions. In addition to those terms defined in s. 106.52, Stats., the following are definitions for terms used in this chapter: (1) XActY means s. 106.52, Stats., unless the context requires otherwise. (2) XAdministrative law judgeY means the examiner appointed to …

DWD 221.03 Complaints. (1) WHO MAY FILE COMPLAINTS. A complaint may be filed by any person or by the person[s duly authorized representative. A complaint filed by a representative shall state that the representative is authorized to file the complaint. (2) WHERE TO FILE COMPLAINT…

DWD 221.04 Preliminary review of complaints. (1) REVIEW OF COMPLAINT. The department shall review every complaint filed to ascertain all of the following: (a) Whether the complainant is protected by the act. (b) Whether the respondent is subject to the act. (c) Whether the compla…

DWD 221.05 Notice to respondents. The department shall serve a copy of a complaint upon each respondent prior to the commencement of any investigation. The notice shall direct the respondent to respond in writing to the allegations of the complaint within 10 days after the date o…

DWD 221.06 Testing. (1) CONDITIONS UNDER WHICH TESTING MAY BE DONE BY THE DEPARTMENT. The department may engage in testing for the purpose of verifying allegations of discrimination in public accommodations and amusements, or to determine whether sufficient evidence exists to ini…

DWD 221.07 Complainant[s duty to respond to correspondence from the department. The department may dismiss the complaint if the complainant fails to respond to the department within 20 days from the date of mailing of any correspondence from the department concerning the complain…

DWD 221.08 Investigations. (1) CONDUCT OF INVESTIThe department shall investigate all complaints which satisfy the review under s. DWD 221.04 (1). In conducting investigations under this chapter, the department shall seek the voluntary cooperation of all persons to provide reques…

DWD 221.09 Initial determination. (1) GENERAL. At the conclusion of the investigation, the department shall issue a written initial determination which shall state whether or not there is probable cause to believe that discrimination occurred as alleged in the complaint. The init…

DWD 221.10 Appeal of initial determination of no probable cause. (1) WHEN FILED. Within 20 days after the date of an initial determination finding that there is no probable cause, a complainant may file with the division a written request for a hearing on the issue of probable ca…

DWD 221.11 Conciliation; private settlement. (1) CONCILIATION. With the consent of all parties, the department may assist the parties to reach a mutually agreeable and just resolution of the complaint at any time during the proceedings. If conciliation resolves the dispute, the t…

DWD 221.12 Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing. A complaint may be dismissed for the reasons set forth in s. DWD 221.04 (1) after the case is certified to hearing under either s. DWD 221.09 (2) or 221.10 (3)…

DWD 221.13 Notice of hearing. (1) CONTENT. In any matter which has been certified to hearing, the department shall send a notice of hearing to the parties and their attorneys of record, by first-class mail, advising them of the specific time, date and place established for the he…

DWD 221.14 Answer. (1) WHEN REQUIRED. Within 10 days after the date of a notice of hearing on the merits, each respondent shall file with the hearing section of the division an answer to the allegations of the complaint, along with a certification that a copy of the answer has be…

DWD 221.15 Pre-hearing conference. In any case which has been certified to hearing, a pre-hearing conference may be held in accordance with the provisions of s. 227.44 (4), Stats.

DWD 221.16 Subpoenas and motions. (1) SUBPOENAS. Witnesses summoned by a subpoena shall be entitled to the witness and mileage fees set forth in s. 814.67 (1) (a) and (c), Stats. Subpoenas may be enforced pursuant to s. 885.11, Stats. (2) MOTIONS. Motions made during a hearing ma…

DWD 221.17 Pre-hearing discovery. (1) WHEN DISCOVERY MAY BEGIN. Discovery may not be used prior to the time that a matter is certified to hearing, except that the taking and preservation of evidence shall be permitted prior to certification to hearing under the circumstances set …

DWD 221.18 Disqualification of the administrative law judge. Upon the administrative law judge[s own motion, or upon a timely and sufficient affidavit filed by any party, the administrative law judge shall determine whether to disqualify himself or herself because of personal bia…

DWD 221.19 Hearing. (1) PROCEDURE. Hearings shall be conducted in conformity with the act and the provisions of ch. 227, Stats. (2) POSTPONEMENTS AND CONTINUANCES. All requests for postponements shall be filed with the administrative law judge or with the chief of the hearing sec…

DWD 221.20 Record of hearing. (1) METHOD OF RECORDING HEARING. A stenographic, electronic, or other record of oral proceedings shall be made at all hearings conducted under this chapter. Any party wishing to have a court reporter present to transcribe the proceedings shall be per…

DWD 221.21 Decision and order. (1) GENERAL. After the close of the hearing, including any briefs which may be allowed by the administrative law judge, the administrative law judge shall prepare a formal written decision which shall include the chapter was last published. 5 DEPART…

DWD 221.22 Petition for review by the labor and industry review commission. (1) APPEALS LIMITED TO FINAL DECISIONS AND ORDERS. Any party may file a written petition for review of a final decision and order of the administrative law judge by the labor and industry review commissio…

DWD 221.23 Filing of documents by facsimile transmission or electronic mail. (1) FILING OF DOCUMENTS BY FACSIMILE TRANSMISSION. (a) Except where otherwise directed by the division, documents may be filed by facsimile transmission. Documents filed by facsimile transmission shall i…

DWD 223.01 Purpose. The purpose of this chapter is to implement the law prohibiting employers from discharging or discriminating against public employees because they have exercised their rights under the public employee safety and health law, s. 101.055 (8), Stats.

DWD 223.02 Definitions. When used in this chapter: (1) XActY means the public employee safety and health provisions contained in s. 101.055 (8), Stats. (2) XAdministrative law judgeY means the examiner appointed to conduct hearings under the act. (3) XComplainantY means the perso…

DWD 223.03 Complaints. (1) WHO MAY FILE COMPLAINTS. A complaint may be filed by any person or by the person[s authorized representative. A complaint filed by a representative shall state that the representative is authorized to file the complaint. (2) WHERE TO FILE COMPLAINTS. (a…

DWD 223.04 Notification of respondent. (1) WHEN NOTICE IS TO BE SENT. The division shall serve by first class mail a copy of a complaint that meets the requirements of s. DWD 223.03 upon each respondent prior to the commencement of any investigation. (2) CONTENT OF NOTICE. The no…

DWD 223.05 Preliminary review of complaints. (1) REVIEW OF COMPLAINT. The division shall review every complaint filed to determine all of the following: (a) Whether the complainant is protected by the act. (b) Whether the respondent is subject to the act. (c) Whether the complain…

DWD 223.06 Investigations. (1) CONDUCT OF INVESTIGATION. The division shall investigate all complaints that satisfy the review under s. DWD 223.05 (1). In conducting investigations under this chapter, the division may seek the cooperation of all persons to provide requested mater…

DWD 223.07 Initial determination. (1) GENERAL. At the conclusion of the investigation, the division shall issue a written initial determination which shall state whether or not there is probable cause to believe that the complainant has been discharged or otherwise discriminated …