(1) CONDUCT OF INVESTIGATION. Except as
provided under sub. (2), the department shall investigate all complaints that
satisfy the review under s.
DWD 220.05(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) 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.
106.50(6) (a) 6, Stats.
2. 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 preliminary determination,
the complainant may seek judicial review if it is a final decision and order as
defined in s.
DWD 220.24.
