Register November 2006 No. 611
Chapter DWD 221
Preliminary review of complaints.
Notice to respondents.
Complainant's duty to respond to correspondence from the department.
Appeal of initial determination of no probable cause.
Conciliation; private settlement.
Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing.
Notice of hearing.
Subpoenas and motions.
Disqualification of the administrative law judge.
Record of hearing.
Decision and order.
Petition for review by the labor and industry review commission.
Filing of documents by facsimile transmission or electronic mail.
Ch. DWD 221 Note
Chapter ILHR 218 was renumbered chapter DWD 218 under s. 13.93 (2m) (b) 1., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, November, 1997, No. 503
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 221.01 History
Cr. Register, September, 1994, No. 465
, eff. 10-1-94.
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:
“Administrative law judge" means the examiner appointed to conduct hearings under the act.
“Day," when used in time computations in these rules, means a calendar day, except that if the last day of the time period is a Saturday, Sunday or legal holiday, the last day shall be the next business day.
“Department" means the department of workforce development.
“Division" means the equal rights division of the department.
“Filing" means the physical receipt of a document at any division office.
“Person" includes, but is not limited to, one or more individuals, partnerships, associations, corporations, joint stock companies, trusts, unincorporated organizations, trustees, or trustees or receivers in bankruptcy.
“Probable cause" means a reasonable ground for belief, supported by facts and circumstances strong enough in themselves to warrant a prudent person to believe, that discrimination probably has been or is being committed.
“Test" means a simulation of any transaction covered by the act for the purpose of comparing the responses given by persons such as owners and operators of places of public accommodations or amusements to individuals such as customers, patients or patrons of places of public accommodations or amusements to determine whether discrimination as defined under s. 106.52 (3)
, Stats., is being or has been committed.
DWD 221.02 History
Cr. Register, September, 1994, No. 465
, eff. 10-1-94; corrections in (intro.), (1) and (9) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 2000, No. 540
; correction in (9) made under s. 13.93 (2m) (b) 7., Stats., Register March 2004 No. 579
, eff. 4-1-04.
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.
A complaint may be filed in person with any division office, or it may be mailed or sent by facsimile transmission to one of the following division offices:
Equal Rights Division, 201 East Washington Avenue, Madison, WI 53702. Facsimile number: 608-267-4592.
Equal Rights Division, 819 North 6th Street, Milwaukee, WI 53203. Facsimile number: 414-227-4084.
(3) Form and content of complaint.
A complaint shall be written on a form which is available at any division office or on any other form acceptable to the department. Each complaint shall be signed by the person filing the complaint or by the person's duly authorized representative and shall be notarized. Each complaint shall contain substantially the following information:
A description and the address of the place of public accommodations or amusements which is involved.
A concise statement of the essential facts, including pertinent dates, constituting the alleged discrimination in public accommodations or amusements.
(4) Assistance by the department.
The department shall, upon request, provide appropriate assistance in completing and filing complaints.
(5) Date of filing of complaint.
A complaint is considered filed when it is received by the department in a form that reasonably meets the standards of sub. (3)
(6) Amendment of complaint.
Subject to the approval of the department, a complaint may be amended no later than 45 days before hearing unless good cause is shown for the failure to amend the complaint prior to that time. If the complaint is amended prior to the issuance of an initial determination, the department shall investigate the allegations of the amended complaint. If the complaint is amended after the case has been certified to hearing, the chief of the hearing section or the administrative law judge may remand the complaint to the investigation section to conduct an investigation and issue an initial determination as to whether probable cause exists to believe that discrimination has occurred as alleged in the amended complaint. An amended complaint shall be dismissed if it does not meet the requirements of s. DWD 221.04 (1)
(7) Withdrawal of complaint.
A complaint may be withdrawn at any time. A request for withdrawal shall be in writing and shall be signed by the complainant or the complainant's duly authorized representative or attorney of record. Upon the filing of a request for withdrawal, the department shall dismiss the complaint by written order. Such dismissal shall be with prejudice unless otherwise expressly stated.
DWD 221.04 Preliminary review of complaints.