Wisconsin Administrative Code

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…

DWD 225.26 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 225.27 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 226.001 Purpose. This chapter implements the provisions of s. 103.11, Stats., providing for bone marrow and organ donor leave for employees in certain cases and prohibiting certain practices by establishing interpretations of the provisions of that section to assist in its im…

DWD 226.01 Definitions and scope. (1) When used in this chapter or in s. 103.11, Stats.: (a) X12-month period,Y as used in s. 103.11 (4), Stats., means a calendar year commencing at 12:01 a.m. on January 1 and ending at midnight on December 31 each year. Note: Section 103.11 (4),…

DWD 226.02 When and how leave taken. (1) The leave allowed under s. 103.11, Stats., may be taken in noncontinuous increments. An employee may schedule and take partial absence leave in actual increments of less than a full workday if the employer allows any other leave to be take…

DWD 226.03 Substituting leave. (1) An employee entitled to bone marrow or organ donor leave under s. 103.11, Stats., may substitute, for any leave requested under s. DWD 226.02, any other paid or unpaid leave which has accrued to the employee. (2) Leave substituted for leave avai…

DWD 226.031 Consecutive leave. If an employee chooses to use leave provided under s. 103.11 (4), Stats., the employee may not extend leave taken by adding leave of any other type provided by the employer, unless any of the following applies: (1) The employee meets the employer[s …

DWD 226.04 Continuation of insurance. (1) An 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. 103.11 (9) (b), Stats., if the employee pays the contribution required by the e…

DWD 226.05 Time to commence administrative proceedings. If an employer is not in compliance with the notice posting requirements of s. 103.11 (14) (a), Stats., when a violation occurs under s. 103.11, Stats., an employee complaining of that violation shall be deemed not to Xreaso…

DWD 226.06 Complaints. (1) WHO MAY FILE A 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 COMPLAINT. (a) A…

DWD 226.07 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 226.09 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 s. 103.11, Stats. (b) Whether the respondent is subject to s. 103.11, Stats. (c) …

DWD 226.10 Investigations. (1) CONDUCT OF INVESTIGATION. The department shall investigate all complaints that satisfy the review under s. DWD 226.09. In conducting investigations under this chapter, the department may seek the cooperation of all persons to provide requested mater…

DWD 226.11 Initial determination. (1) GENERAL. At the conclusion of the investigation, the department shall issue a written initial determination which states whether there is probable cause to believe that a prohibited act occurred as alleged in the complaint. This initial deter…

DWD 226.12 Appeal of initial determination of no probable cause. (1) An appeal shall be filed within 10 days of the date of the initial determination. (2) If no written appeal is filed in a timely manner, the initial determination[s order of dismissal shall be the final determina…

DWD 226.13 Private settlement and conciliation. The parties may enter into an agreement to settle the complaint at any time during the proceedings. If requested, the department may assist the parties to reach a settlement. The parties shall notify the department immediately upon …

DWD 226.14 Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing. A complaint may be dismissed for not meeting the requirements of s. DWD 226.09 (1) or for any other procedural basis after the case is certified to hearing und…

DWD 226.15 Notice of hearing. (1) CONTENT. In any matter which has been certified to hearing following an initial determination of probable cause under s. DWD 226.11 (2) or an appeal of an initial determination of no probable cause under s. DWD 226.11 (3), the department shall ad…

DWD 226.16 Answer. (1) WHEN REQUIRED. Within 10 days after the date of a notice of hearing on the merits or by a date set by the administrative law judge holding the hearing, each respondent shall file with the department[s bureau of hearings and mediation an answer to the allega…

DWD 226.17 Prehearing conference. In any case which has been certified to hearing, a prehearing conference may be held in accordance with s. 227.44 (4), Stats.

DWD 226.18 Prehearing discovery. (1) TIMING. Discovery may not be used before the time that a matter is certified to hearing, except that the taking and preservation of evidence shall be permitted before certification to hearing under the circumstances set forth in s. 227.45 (7),…

DWD 226.19 Subpoenas and motions. (1) SUBPOESubpoenas, including subpoenas to compel the attendance of witnesses and subpoenas requiring the production of material, may be issued by the department or by an attorney of record. The department or a party[s attorney of record may iss…

DWD 226.20 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 226.21 Exchange of names of witnesses and copies of exhibits. By the 10th day before the hearing, the parties shall file with the department and serve upon the other party a written list of the names of witnesses and copies of the exhibits that the parties intend to use at th…

DWD 226.22 Hearings. (1) PROCEDURE. Hearings shall be conducted in conformity with s. 103.11 and ch. 227, Stats. (2) POSTPONEMENTS AND CONTINUANCES. All requests for postponements shall be filed with the administrative law judge within 10 days after the notice of hearing or by th…

DWD 226.23 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 s. 103.11, Stats. Any party wishing to have a court reporter present to transcribe the proceedings shall be…

DWD 226.24 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 226.25 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 appealed. A final decision is one that d…

DWD 226.26 Filing of documents. (1) FILING OF DOCUMENTS BY FACSIMILE TRANSMISSION. (a) Unless otherwise DWD 226.26 directed by the department or ordered by the administrative law judge, documents may be filed by facsimile transmission. Documents filed by facsimile transmission sh…

DWD 270.01 Authority and purpose. This chapter is promulgated under the authority of s. 103.66, Stats., to carry out the purposes of ss. 103.21 to 103.33 and 103.64 to 103.82, Stats., by fixing reasonable classifications of employments, places of employment, the duration of lunch…

DWD 270.02 Higher standards. Nothing in this chapter may be construed to authorize noncompliance with any federal, state, or municipal statute, regulation, or ordinance establishing a stricter standard. If more than one standard within this chapter applies to a single activity, t…

DWD 270.03 Required poster on hours minors may work. A summary of the provisions in s. 103.68, Stats., shall be posted in a conspicuous place in all places of employment where minors are employed or permitted to work, except domestic and farm employments, on a form prescribed by …

DWD 270.04 Definitions. In this chapter, the following words and phrases have the designated meanings unless a different meaning is expressly provided: (1) “Charter school” has the meaning given in s. 115.001 (1), Stats. Note: Section 115.001 (1), Stats., provides that “charter s…

DWD 270.06 Certificate of age. (1) OPTIONAL CERTIFICATE OF AGE. Age certificates may be issued to persons 18 years of age and over. The certificate is conclusive evidence of the age of the person to whom issued in any proceeding under any of the state labor laws as to any act or …

DWD 270.07 Evidence of age for minor labor permits and certificates of age. A permit officer shall accept any of the following items as evidence of age for a minor labor permit required under s. 103.73 (1) (a), Stats., a certificate of age allowed under s. 103.75, Stats., or a st…

DWD 270.08 Fees for permit and certificate of age. The fee for issuing each child labor permit or certificate of age DWD 270.10 shall be $5.00. The permit officer may retain $2.50 of the fee as compensation for services. The permit officer shall forward $2.50 of the fee to the de…