Wisconsin Administrative Code

DWD 224.01 Purpose. The purpose of this chapter is to implement the law relating to complaints filed against the state as an employer under subch. III of ch. 230, Stats., commonly referred to as the XwhistleblowerY law.

DWD 224.02 Definitions. When used in this chapter: (1) XAdministrative law judgeY means the examiner appointed to conduct hearings under subch. III of ch. 230, Stats. (2) XAppointing authorityY has the meaning given in s. 230.80 (1m), Stats. Note: Section 230.80 (1m), Stats., pro…

DWD 224.03 Complaints. (1) WHO MAY FILE COMA complaint may be filed by any employee or by the employee[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 COMPLAINTS. (a…

DWD 224.04 Notification of respondent. (1) WHEN NOTICE IS TO BE SENT. The division shall serve a copy of a complaint that meets the requirements of s. DWD 224.03 upon each respondent prior to the commencement of any investigation. (2) CONTENT OF NOTICE. The notice shall include a…

DWD 224.05 Complainant[s duty to respond to correspondence from the division. The division may dismiss the complaint if the complainant fails to respond to the division within 20 days from the date of mailing of any correspondence from the division concerning the complaint, provi…

DWD 224.06 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 subch. III of ch. 230, Stats. 2 (b) Whether the respondent is subject to subch. III…

DWD 224.07 Investigations. (1) CONDUCT OF INVESTIGATION. Except as provided in sub. (3), the division shall investigate all complaints that satisfy the review under s. DWD 224.06. In conducting investigations under this chapter, the division may seek the cooperation of all person…

DWD 224.08 Initial determination. (1) GENERAL. At the conclusion of the investigation, the division shall issue a written initial determination that shall state whether or not there is probable cause to believe that retaliatory action occurred as alleged in the complaint. This in…

DWD 224.09 Appeal of initial determination of no probable cause. (1) WHEN FILED. Within 30 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 request f…

DWD 224.10 Private settlement and conciliation. The parties may enter into an agreement to settle the complaint at any time during the proceedings, with or without assistance by the division. The division may assist the parties to reach a settlement agreement. The parties shall n…

DWD 224.11 Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing. A complaint may be dismissed based upon the conditions set forth in s. DWD 224.06 (1) or for any other procedural basis after the case is certified to hearing …

DWD 224.12 Notice of hearing. (1) CONTENT. In any matter which has been certified to hearing following an initial determination of probable cause under s. DWD 224.08 (2) or an appeal of an initial determination of no probable cause under s. DWD 224.09 (3), the division shall advi…

DWD 224.13 Answer. (1) WHEN REQUIRED. Within 21 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 224.14 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 224.15 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 224.16 Subpoenas and motions. (1) SUBPOENAS. The division or a party[s attorney of record may issue a subpoena to compel the attendance of a witness or the production of documents. A subpoena issued by an attorney shall be in substantially the same form as provided in s. 805.…

DWD 224.17 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 224.18 Exchange of names of witnesses and copies of exhibits. By no later than the tenth day prior to the day of hearing, the parties shall file with the division and serve upon all other parties a written list of the names of witnesses and copies of exhibits which the partie…

DWD 224.19 Hearings. (1) PROCEDURE. Hearings shall be conducted in conformity with subch. III of ch. 230, Stats., and the provisions of ch. 227, Stats. (2) POSTPONEMENTS AND CONTINUANCES. All requests for postponements shall be filed with the administrative law judge within 10 da…

DWD 224.20 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 subch. III of ch. 230, Stats. Any party wishing to have a court reporter present to transcribe the proceedi…

DWD 224.21 Decision and order. (1) GENERAL. After the close of the hearing, including any briefs that may be allowed by the administrative law judge, the administrative law judge shall prepare a formal written decision that shall include findings of fact, conclusions of law and a…

DWD 224.22 Appeals. (1) APPEALS LIMITED TO FINAL DECISIONS AND ORDERS. Any party may seek judicial review of a final decision and order of the administrative law judge as pro- DWD 224.24 vided in s. 230.87, Stats. Only final decisions and orders of the administrative law judge ma…

DWD 224.23 Pay status and witness fees for state employee parties and state employee witnesses. (1) PAY STATUS OF STATE EMPLOYEE PARTIES. State civil service employees who, as parties, are interviewed as part of investigations or who appear at pre-hearing conferences, conciliatio…

DWD 224.24 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 225.001 Purpose. The purpose of this chapter is to implement the provisions of s. 103.10, Stats., providing for family and medical leave for employees in certain cases and prohibiting certain practices by establishing interpretations of the provisions of that section to assis…

DWD 225.01 Definitions and scope. (1) When used in this chapter or in s. 103.10, Stats.: (a) XActY means s. 103.10, Stats., unless the context requires otherwise. (b) XAction prohibitedY means one or more actions or inactions prohibited by the act. (bm) XAgencyY means any office,…

DWD 225.02 When and how leave taken. (1) The leave allowed under the act may be taken in non-continuous increments. An employee may schedule and take partial absence leave, as provided in s. 103.10 (3) (d), Stats., or medical leave as provided in s. 103.10 (4) (c), Stats., in act…

DWD 225.03 Substituting leave. (1) At the option of the employee, an employee entitled to family or medical leave under the act may substitute, for any leave requested under the act, any other paid or unpaid leave which has accrued to the employee. (2) Leave substituted for leave…

DWD 225.031 Consecutive leave. If any employee chooses to utilize leave provided under s. 103.10 (3) or (4), Stats., the employee may not extend leave taken by adding leave of any other type provided by the employer, unless: (1) The employee meets the employer[s requirements for …

DWD 225.04 Continuation of insurance. (1) The employee shall be deemed to be continuing to make the contributions required of the employee under group health insurance coverage within the meaning of s. 103.10 (9) (b), Stats., if the employee pays the contribution required by the …

DWD 225.05 Time to commence administrative proceedings. If an employer is not in compliance with the notice posting requirements of s. 103.10 (14) (a), Stats., at the time a violation occurs under s. 103.10, Stats., an employee complaining of that violation shall be deemed not to…

DWD 225.06 Complaints. (1) WHO MAY FILE COMA 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 COMPLAINTS. (a) A …

DWD 225.07 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 225.09 Preliminary review of complaints. (1) REVIEW OF COMPLAINT. The department 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 compla…

DWD 225.10 Investigations. (1) CONDUCT OF INVESTIGATION. The department shall investigate all complaints that satisfy the review under s. DWD 225.09. In conducting investigations under this chapter, the department may seek the cooperation of all persons to provide requested mater…

DWD 225.11 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 a prohibited act occurred as alleged in the complaint. This i…

DWD 225.12 Appeal of initial determination of no probable cause. (1) WHEN FILED. Within 10 days after the appeal 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 request…

DWD 225.13 Private settlement and conciliation. The parties may enter into an agreement to settle the complaint at any time during the proceedings, with or without assistance by the department. The department may assist the parties to reach a settlement agreement. The parties sha…

DWD 225.14 Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing. A complaint may be dismissed based upon the conditions set forth in s. DWD 225.09 (1) or for any other procedural basis after the case is certified to hearing …

DWD 225.15 Notice of hearing. (1) CONTENT. In any matter which has been certified to hearing following an initial determination of probable cause under s. DWD 225.09 (1) or an appeal of an initial determination of no probable cause under s. DWD 225.11 (2), the department shall ad…

DWD 225.16 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 225.17 Pre-hearing conference. In any case which has been certified to hearing, a pre-hearing conference the chapter was last published. DWD 225.17 WISCONSIN ADMINISTRATIVE CODE may be held in accordance with the provisions of s. 227.44 (4), Stats. History: Cr. Register, Nove…

DWD 225.18 Prehearing 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 f…

DWD 225.19 Subpoenas and motions. (1) SUBPOENAS. The department or a party[s attorney of record may issue a subpoena to compel the attendance of a witness or the production of documents. A subpoena issued by an attorney shall be in substantially the same form as provided in s. 80…

DWD 225.20 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 225.21 Exchange of names of witnesses and copies of exhibits. By no later than the tenth day prior to 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 that the parties inte…

DWD 225.22 Hearings. (1) PROCEDURE. Hearings shall be conducted in conformity with the act and with the provisions of ch. 227, Stats. (2) POSTPONEMENTS AND CONTINUANCES. All requests for postponements shall be filed with the administrative law judge within 10 days after the notic…

DWD 225.23 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 225.24 Decision and order. (1) GENERAL. After the close of the hearing, including any briefs that may be allowed by the administrative law judge, the administrative law judge shall prepare a formal written decision which shall include findings of fact, conclusions of law and …

DWD 225.25 Appeals. (1) APPEALS LIMITED TO FINAL DECISIONS AND ORDERS. Any party may seek judicial review of a final decision and order of the administrative law judge. Only final decisions and orders of the administrative law judge may be DWD 225.27 appealed. A final decision is…