DWD 226.20
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
bias
or
other
reason.
The administrative
law judge's determination shall be made a part of the record and decision in the case.
DWD 226.20 History
History: CR 21-097: cr. Register June 2022 No. 798, eff. 7-1-22.
DWD 226.21
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
the
hearing.
The
administrative
law
judge
may
exclude witnesses and exhibits not identified in a timely fashion under this section. This section does not apply to witnesses and exhibits offered in rebuttal which the party could not reasonably have anticipated using before the hearing.
DWD 226.21 History
History: CR 21-097: cr. Register June 2022 No. 798, eff. 7-1-22; correction made under s. 35.17, Stats., Register June 2022 No. 798.
DWD 226.22(2)
(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 the date set by the administrative law judge for filing motions, except where emergency circumstances arise before the hearing. The party requesting a postponement shall send a copy
of the request to all other parties when the request is filed with the department. Postponements and continuances may be granted only for good cause shown and may not be granted solely for the convenience
of the parties or their attorneys.
DWD 226.22(3)
(3)
Appearance of parties. Parties may appear at the hearing in person and by counsel or other representative.
DWD 226.22(4)
(4)
Failure to appear at hearing. If the complainant fails to appear at
the
hearing,
either
in
person
or
by
a
representative
authorized to proceed on behalf of the complainant, the administrative law
judge
shall
dismiss
the
complaint.
If
the
respondent
fails
to appear
at
the
hearing,
the
hearing
shall
proceed
as
scheduled.
If within 10
days
after
the
date
of
hearing,
any
party
who
fails
to appear
shows good cause in writing for the failure to appear, the administrative law judge may reopen the hearing.
DWD 226.22 History
History: CR 21-097: cr. Register June 2022 No. 798, eff. 7-1-22.
DWD 226.23(1)
(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 permitted to do so at their own expense. If
the
hearing
is
recorded, the original recording shall
remain
in
the
department
for
5
years
following
the hearing,
after which it may be discarded.
DWD 226.23(2)
(2)
Requirements for preparation of transcripts. Any party
may
file
a
transcript
of
the
hearing
with
the department.
The transcript shall be prepared by an independent, reputable court reporter or
transcriptionist. The transcript shall include a certification
by
the
transcriptionist
that
it
is
an
original,
verbatim
transcript of the proceedings.
DWD 226.23(3)
(3)
Cost for transcription of record. Transcription
of
the record for purposes other than judicial review shall be at the expense of any party who requests the transcription. If a party arranges for a transcript, the transcript will be filed with the department and the department shall provide a copy to any other party or parties at no additional cost. For the purpose of
judicial
review,
the
department
shall
prepare
at
its
own expense and provide to the court a transcript of the record, unless a transcript
has
already
been
prepared
at
the
request
of
a party.
DWD 226.23 History
History: CR 21-097: cr. Register June 2022 No. 798, eff. 7-1-22.
DWD 226.24(1)
(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
an
order,
and
which
may
be
accompanied by an opinion.
DWD 226.24(2)
(2)
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 decision and order which dismisses the allegations of the complaint or which orders that
the
case
be
certified
for
a
hearing
on
the
merits
of
the
complaint, depending upon the administrative law judge's findings and conclusions on the issue of probable cause. If the decision of the administrative
law
judge
determines
that
no
probable
cause exists,
a
certified
copy
of
the
decision
and
order
and
a
notice
of appeal rights shall be sent by U.S. mail to the last-known address of each party and to their attorneys of record. A decision and
order finding no probable cause may be appealed to court if it is a final decision and order as defined in s.
DWD 226.25 (1).
DWD 226.24(3)
(3)
Decision and order after hearing on the merits.
After a
hearing
on
the
merits,
the
administrative
law
judge
shall
issue a decision and an order that shall either dismiss the allegations of the complaint or shall order such action by the respondent as shall effectuate the purposes of s.
103.11, Stats., depending upon the administrative law
judge's findings
and
conclusions
on
the
merits of
the
complaint. The order may award reasonable attorney fees to a complainant who prevails in a case. A certified copy of the decision and order and a notice of appeal rights shall be sent by U.S. mail to the last-known address
of each party and to their attorneys of record.
DWD 226.24(4)
(4)
Computation of interest. Interest on any award made under this chapter shall be added to that award and computed
at
an
annual
rate
as set forth in s.
815.05 (8), Stats.
Interest
shall
be computed
by calendar quarter.
DWD 226.24 History
History: CR 21-097: cr. Register June 2022 No. 798, eff. 7-1-22; correction in (2) made under s. 35.17, Stats., Register June 2022 No. 798.
DWD 226.25(1)(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 disposes of the entire complaint and leaves no further proceedings on that complaint pending before the department.
DWD 226.25(2)
(2)
Notice of appeal rights. Every decision and order of an administrative law
judge
under
s.
DWD 226.24 shall
be
accompanied
by
a
separate
notice
advising
the
parties
of
their
rights
to
seek judicial review of the decision under s.
103.11 (13), Stats.
DWD 226.25 History
History: CR 21-097: cr. Register June 2022 No. 798, eff. 7-1-22.
DWD 226.26(1)(a)
(a)
Unless otherwise directed by the
department or ordered by the administrative law judge,
documents
may
be
filed
by
facsimile
transmission. Documents
filed by facsimile transmission shall include a cover sheet setting forth all of the following information:
DWD 226.26(1)(a)2.
2. The
individual
to
whom
the
transmission
is
directed,
if
that individual
is known.
DWD 226.26(1)(b)
(b) The
date
of
transmission
recorded
by
the
department's facsimile equipment shall constitute the date of filing of a document under this section, except that documents filed
by
facsimile
after
the
regular business hours of the department as established by s.
230.35 (4) (f), Stats., or on a day when the offices of the department are closed under s.
230.35 (4) (a), Stats., shall be considered
filed
on
the next business day of the department.
DWD 226.26(2)
(2)
Filing of documents by email. Unless otherwise directed by the department
or ordered by the administrative law judge, documents may be
filed
by
email. If a party does not have the email address of the assigned equal rights officer or administrative law judge, the party may use
ERInfo@dwd.wisconsin.gov.
DWD 226.26(3)
(3)
Filing of documents by U.S. mail. Unless otherwise directed by the department
or ordered by the administrative law judge, documents may be
filed
by
U.S. mail.
DWD 226.26 History
History: CR 21-097: cr. Register June 2022 No. 798, eff. 7-1-22.
