(1) CONDUCT OF INVESTIGATION. Except as
provided under sub. (3), the department shall investigate all complaints that
satisfy the review under s.
DWD 218.05(1). In conducting
investigations under this chapter, the department may seek the cooperation of
all persons to provide requested materials to the department; to obtain access
to premises, records, documents, individuals, and other possible sources of
information; to examine, record, and copy necessary materials; and to take
statements of persons reasonably necessary for the furtherance of the
investigation. The department may subpoena persons or documents for the purpose
of the investigation. Subpoenas may be enforced pursuant to s.
885.11,
Stats.
(2) ADVISING COMPLAINANT TO
AMEND COMPLAINT. If, during an investigation, it appears that the respondent
has engaged in discrimination against the complainant which is not alleged in
the complaint, the department may advise the complainant that the complaint
should be amended.
(3) DISMISSAL OF
COMPLAINT PRIOR TO COMPLETION OF INVESTIGATION.
(a) The department may dismiss a complaint
prior to completion of an investigation under the following circumstances:
1. The complainant has failed to respond to
correspondence from the department concerning the complaint within 20 days
after the correspondence was sent by certified mail to the last-known address
of the person filing the complaint, in accordance with the provisions of s.
111.39(3),
Stats.
2. The complainant signed a
valid waiver and release of claims arising out of the complainant's employment
with the respondent that would preclude the department from finding that the
respondent has violated the act.
3.
The allegations in the complaint have been previously dismissed by the
department or by a state or federal court.
(b) A complainant may appeal from an order
dismissing a complaint under this subsection by filing a written appeal with
the department. The appeal shall be filed within 20 days of the date of the
order and shall state specifically the grounds upon which it is based. If a
timely appeal is filed, the department shall serve a copy of the appeal upon
all other parties. The matter shall be referred to the hearing section of the
division for review by an administrative law judge. The administrative law
judge shall issue a decision which shall either affirm, reverse, modify, or set
aside the dismissal of the complaint. The decision of the administrative law
judge shall be served upon the parties. If the decision reverses or sets aside
the dismissal, the complaint shall be remanded for further investigation. If
the decision affirms the dismissal of the complaint, it may be appealed to the
labor and industry review commission if it is a final decision and order as
defined in s.
DWD 218.21(1).
