(1) CONDUCT OF INVESTIGATION. The department
shall investigate all complaints that satisfy the review under s.
DWD 225.09. 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
may have committed a prohibited act 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.
DWD 225.07.
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 10 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 department
shall serve the decision of the administrative law judge 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 subject to review in court if it is a final decision
and order as defined in s.
DWD 225.25(1).
