Chapter DWD 224

Chapter DWD 224

WHISTLEBLOWER PROTECTION

DWD 224.01   Purpose.

DWD 224.02   Definitions.

DWD 224.03   Complaints.

DWD 224.04   Notification of respondent.

DWD 224.05   Complainant’s duty to respond to correspondence from the division.

DWD 224.06   Preliminary review of complaints.

DWD 224.07   Investigations.

DWD 224.08   Initial determination.

DWD 224.09   Appeal of initial determination of no probable cause.

DWD 224.10   Private settlement and conciliation.

DWD 224.11   Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing.

DWD 224.12   Notice of hearing.

DWD 224.13   Answer.

DWD 224.14   Pre–hearing conference.

DWD 224.15   Pre–hearing discovery.

DWD 224.16   Subpoenas and motions.

DWD 224.17   Disqualification of the administrative law judge.

DWD 224.18   Exchange of names of witnesses and copies of exhibits.

DWD 224.19   Hearings.

DWD 224.20   Record of hearing.

DWD 224.21   Decision and order.

DWD 224.22   Appeals.

DWD 224.23   Pay status and witness fees for state employee parties and state employee witnesses.

DWD 224.24   Filing of documents by facsimile transmission or electronic mail.

Ch. DWD 224 Note Note: Chapter DWD 224 was created by emergency rule effective August 5, 2003.

DWD 224.01 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 “whistleblower” law.

DWD 224.01 History History: CR 03-092: cr. Register March 2004 No. 579, eff. 4-1-04.

DWD 224.02 DWD 224.02 Definitions. When used in this chapter:

DWD 224.02(1) (1) “Administrative law judge” means the examiner appointed to conduct hearings under subch. III of ch. 230, Stats.

DWD 224.02(2) (2) “Appointing authority” has the meaning given in s. 230.80 (1m), Stats.

DWD 224.02 Note Note: Section 230.80 (1m), Stats., provides that “appointing authority” means “the chief officer of any governmental unit unless another person is authorized to appoint subordinate staff by the constitution or any law.”

DWD 224.02(3) (3) “Complainant” means the employee who files a complaint alleging that an action prohibited by subch. III of ch. 230, Stats., has been committed.

DWD 224.02(4) (4) “Day” 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.

DWD 224.02(5) (5) “Division” means the equal rights division of the department of workforce development.

DWD 224.02(6) (6) “Employee” has the meaning given in s. 230.80 (3), Stats.

DWD 224.02 Note Note: Section 230.80 (3), Stats., provides that “employee” means “any person employed by any governmental unit except:

DWD 224.02 Note (a) A person employed by the office of the governor, the courts, the legislature or a service agency under subch. IV of ch. 13.

DWD 224.02 Note (b) A person who is, or whose immediate supervisor is, assigned to an executive salary group or university senior executive salary group s. 20.923.”

DWD 224.02(7) (7) “Filing” means the physical receipt of a document.

DWD 224.02(8) (8) “Governmental unit” has the meaning given in s. 230.80 (4), Stats.

DWD 224.02 Note Note: Section 230.80 (4), Stats., provides that “governmental unit” means “any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. ‘Governmental unit’ does not mean any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.”

DWD 224.02(9) (9) “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 subch. III of ch. 230, Stats., probably has been or is being committed.

DWD 224.02(10) (10) “Respondent” means the appointing authority, agent of an appointing authority, supervisor, or governmental unit alleged to have committed an action prohibited by subch. III of ch. 230, Stats.

DWD 224.02(11) (11) “Retaliatory action” has the meaning given in s. 230.80 (8), Stats.

DWD 224.02 Note Note: Section 230.80 (8), Stats., provides that “retaliatory action’ means “a disciplinary action take because of any of the following:

DWD 224.02 Note (a) The employee lawfully disclosed information under s. 230.81 or filed a complaint under s. 230.85 (1).

DWD 224.02 Note (b) The employee testified or assisted or will testify or assist in any action or proceeding relating to the lawful disclosure of information under s. 230.81 by another employee.

DWD 224.02 Note (c) The appointing authority, agent of an appointing authority or supervisor believes the employee engaged in any activity described in par. (a) or (b).”

DWD 224.02(12) (12) “Service of the complaint upon the respondent” under s. 230.85 (2), Stats., means mailing of the complaint to the respondent.

DWD 224.02(13) (13) “Unanimous vote” as it is used in s. 230.85 (3) (b), Stats., means the decision of the administrative law judge.

DWD 224.02 History History: CR 03-092: cr. Register March 2004 No. 579, eff. 4-1-04.

DWD 224.03 DWD 224.03 Complaints.

DWD 224.03(1) (1) Who may file complaints. A 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.

DWD 224.03(2) (2) Where to file complaints.

DWD 224.03(2)(a) (a) 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: