Register November 2006 No. 611
Chapter DWD 223
PUBLIC EMPLOYEE SAFETY AND HEALTH
Notification of respondent.
Preliminary review of complaints.
Appeal of initial determination of no probable cause.
Private settlement and conciliation.
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.
Pay status and witness fees for state employee parties and state employee witnesses.
Filing of documents by facsimile transmission or electronic mail.
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)
DWD 223.01 History
History: CR 06-062: cr. Register November 2006 No. 611, eff. 12-1-06. DWD 223.02
DWD 223.02 Definitions.
When used in this chapter:
“Administrative law judge" means the examiner appointed to conduct hearings under the act.
“Complainant" means the person who files a complaint alleging that an action prohibited by the act has been committed.
“Day," when used in time computations in this chapter, 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.
“Division" means the equal rights division of the department of workforce development.
“Filing" means the physical receipt of a document.
“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 a violation of the act probably has been or is being committed.
“Respondent" means the person or agency alleged to have committed an action prohibited by the act.
DWD 223.02 History
History: CR 06-062: cr. Register November 2006 No. 611, eff. 12-1-06. DWD 223.03(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.
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 Sixth Street, Milwaukee, WI 53203. Facsimile number: 414-227-4084.
(3) Form and content of complaint.
A complaint shall be written on a form that is available at any division office or on any form that contains all of the information set forth in this subsection. Each complaint shall be signed by the person filing the complaint or by the person's authorized representative. The signature constitutes an acknowledgment that the person or the representative has read the complaint; that to the best of that person's knowledge, information, and belief the complaint is true and correct; and that the complaint is not being used for any improper purpose, such as to harass the party against whom the complaint is filed. Each complaint shall contain all of the following information:
A concise statement of the facts, including pertinent dates, constituting the alleged violation of the act.
(4) Assistance by the division.
The division shall, upon request, provide appropriate assistance in completing and filing complaints.
(5) Date of filing of complaint deferred by another agency.
A complaint which is deferred to the division by a federal or local agency with which the division has a work sharing agreement complies with the requirements of sub. (3)
and is considered filed when received by the federal or local agency.
A complaint may be amended, subject to the approval of the division.
A complaint may be amended during the investigation if the proposed amendment alleges a basis that is covered under the act. If the complaint is amended prior to the issuance of an initial determination, the division shall investigate the allegations of the amended complaint.
If the complainant requests to amend the complaint after the case has been certified to hearing, the chief of the hearing section or the administrative law judge shall consider whether the proposed amendment meets the requirements of s. DWD 223.05 (1)
and 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 the respondent has violated the act as alleged in the amended complaint.
(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 by the complainant's authorized representative. Upon the filing of a request for withdrawal, the division shall dismiss the complaint by written order. Such dismissal shall be with prejudice unless otherwise expressly stated in the order.
DWD 223.03 History
History: CR 06-062: cr. Register November 2006 No. 611, eff. 12-1-06.