Trial costs
Under sec. 977.08(5)(f), Stats., trial representation costs are incurred when ever services which give rise to a legal obligation to pay compensation are rendered between January 1 and June 30, 1981. 70-74
INDUSTRIAL COMMISSION
Administrative duties
The administrative duties of the Industry, Labor and Human Relations Commission, vested in the Chairman by sec. 15.06(4), Stats., may be exercised solely by the Chairman or may be delegated to other Commission members, in the discretion of the Chairman. Classification of various duties of the Commission as "administrative," "policy," and "statutory," discussed. 64-33
Chairman of the Industry, Labor and Human Relations Commission
The Chairman of the Industry, Labor and Human Relations Commission may assume direct personal supervision over all divisions within the Department, as an exercise of the administrative duties vested in the Chairman by sec. 15.06(4), Stats., without securing approval of a majority of the Commission. (Unpub.). 63-1975
Child labor permits
Department of Industry, Labor and Human Relations may lawfully issue child labor permits to girls aged 12 and 13 to be employed as caddies on golf courses. 63-513
INDUSTRY, LABOR AND HUMAN RELATIONS, DEPARTMENT OF
Administrative procedure
The Department of Industry, Labor and Human Relations may not reopen and reconsider a decision after the time specified in sec. 108.09(6), Stats. 67-226
Administrative rules and statutory authorization
Wis. Admin. Code § ILHR 83.08(1)(b), authorizing delegation by DILHR of one of its powers requiring the exercise of judgment to a county, was unlawful, there being no statutory authorization for such delegation. 76-282
Boarding homes
The Department of Industry, Labor and Human Relations may inspect those parts of boarding homes designed for three or more persons where employes work or those used by the public, but not interiors of private dwellings. It has no authority to license or register boarding homes nor to charge an inspection fee based upon number of beds or rooms. 62-107
Child labor permits
Department of Industry, Labor and Human Relations may lawfully issue child labor permits to girls aged 12 and 13 to be employed as caddies on golf courses. 63-513
Class action complaints
The Wisconsin Open Housing Law permits, but does not require, the Department of Industry, Labor and Human Relations to receive and process class action complaints of housing discrimination. 70-250
Deputy secretary
Validity of appointment questions; corrective action requested of officials involved. (Unpub.). 8-1978
Discrimination
Department may approve or be party to a job discrimination settlement agreement which includes less than the full back pay liability if the agreement eliminates the discrimination. If the agreement does not eliminate the discrimination the Department may proceed in the matter before it. 66-28
District Attorney
District attorneys may exercise discretion in collecting wages referred by the Department of Industry, Labor and Human Relations, but such discretion must be exercised reasonably. Specific questions concerning collection of wages are discussed including methods of collection, settlements, payment of costs and fees, and enforcement of the statutory lien. 78-171
Dwelling code
The One- and Two-Family Dwelling Code is applicable to additions of any buildings initially constructed after the effective date of the One- and Two-Family Dwelling Code Act and the Department of Industry, Labor and Human Relations can exempt certain dwellings from aspects of Code. 67-191
Liability of local units of government in adopting and enforcing the One- and Two-Family Dwelling Code discussed. 69-197
Neighborhood Youth Corps
Under the Neighborhood Youth Corps program authorized by Title I-B of the Economic Opportunity Act of 1964 (42 U.S.C. secs. 2701-2994d), all enrollees of this federally sponsored and locally administered program are employes under the Wisconsin Child Labor Laws and, therefore, must be covered by suitable work permits unless exempt because of age or the nature of their activities. The Department of Industry, Labor and Human Relations does not have the authority to waive the permit fee even though this program is federally sponsored and largely financed by federal funds as the relationship of employer-employe still exists, there being no statutory exemption. 62-256
Open Meeting Law
Joint apprenticeship committees, appointed pursuant to Wis. Adm. Code, section Ind 85.027 are governmental bodies within the meaning of sec. 66.77(2)(c), Stats., and subject to the requirements of the Open Meeting Law (sec. 66.77, Stats.). 63-363
Overpayments
Although unemployment benefits erroneously paid constitute overpayment which the individual recipients should be required to repay, the Department of Industry Labor and Human Relations has discretion whether to seek recovery of such overpayments. 67-228
Political activities of state employes
Discussion of restrictions on political activities of state employes under federal and state law. 67-315
Property owners
Department cannot enact a rule which would alter the common law rights and duties of adjoining landowners with respect to lateral support. 62-287
Public records
Plans and specifications filed with DILHR under sec. 101.12, Stats., are public records under secs. 16.61 and 19.21, Stats., and are available for public inspection. 67-214
Unemployment compensation "interest and penalties" fund
The Department of Industry, Labor and Human Relations lost discretionary authority to make expenditures from the unemployment compensation "interest and penalties" fund when the Legislature reenacted sec. 20.445(1)(v), Stats., in 1977, but the Department remains responsible for collection of credit extended under the old law. A decision by the Department to discontinue collection efforts is subject to review by the Department of Administration, since it has been entrusted with authority under ch. 16, Stats., to superintend collection of amounts owed the State. (Unpub.). 49-1978
Wage claims
District attorneys may exercise discretion in collecting wages referred by the Department of Industry, Labor and Human Relations, but such discretion must be exercised reasonably. Specific questions concerning collection of wages are discussed including methods of collection, settlements, payment of costs and fees, and enforcement of the statutory lien. 78-171
INEBRIATES AND DRUG ADDICTS
See also 51.42/51.437 BOARD
Disorderly conduct in treatment facility
Persons incapacitated by alcohol who engage in disorderly conduct in treatment facility may be so charged. Persons so incapacitated may not be charged with a crime merely for the purpose of arranging for their confinement in jail. 64-161
Hearings
Assuming individual is entitled to attorney at public expense in mental hearings required by sec. 51.02(1), Stats., power to appoint, to determine indigency and fix compensation are judicial and must be exercised by the court or under its direction and cannot be limited by the County Board or delegated to private nonprofit corporation. Any power of the County Board to contract for such services is limited to administrative details. 63-323
Minors
An outpatient treatment program for alcohol and other drug abuse which meets the standards contained in section PW-MH 61.03 Wis. Adm. Code, and has been formally approved by the Department of Health and Social Services may provide treatment and services to minor at least twelve years of age without obtaining the consent of minor's parent or guardian. 70-19
Except for those services for which parental consent is necessary under section 51.47(2), Stats., a physician or health care facility may release outpatient or detoxification services information only with the consent of the minor patient provided that the minor is twelve years of age or over. Wis. Admin. Code § HSS 92.06(2) (1986) and 42 C.F.R. § 2.14(b) (1987). 77-187
Patient records
Prior to releasing patient records in response to a warrant or subpoena, a federally funded or federally assisted drug treatment facility must first ascertain that the issuing court has made a finding of "good cause" within the meaning of 21 U.S.C. sec. 1175(b)(2)(C) in order to avoid the possibility of a fine under 21 U.S.C. sec. 1175(f). If there is no evidence that a finding of good cause has been made, no state criminal law is violated by refusing to release drug treatment records. 72-12
Sheriffs responsibilities
