Wisconsin Administrative Code
Department of Workforce Development
DWD 218-226 - Civil Rights
Chapter DWD 226 - Bone Marrow And Organ Donor Leave
Section DWD 226.09 - Preliminary review of complaints
Universal Citation: WI Admin Code ยง DWD 226.09
Current through August 26, 2024
(1) REVIEW OF COMPLAINT. The department shall review every complaint filed to determine all of the following:
(a) Whether the complainant
is protected by s.
103.11,
Stats.
(b) Whether the respondent
is subject to s.
103.11,
Stats.
(c) Whether the complaint
states a claim for relief under s.
103.11,
Stats.
(d) Whether the complaint
was filed within the time period set forth in s.
103.11,
Stats., if that issue is raised in writing by the respondent.
(2) PRELIMINARY DETERMINATION DISMISSING COMPLAINT. The department shall issue a preliminary determination dismissing any complaint, or any portion of a complaint, which fails to meet the requirements of sub. (1). The department shall send the order of dismissal by U.S. mail to the last known address of each party and to their attorneys of record.
(3) APPEAL OF PRELIMINARY DETERMINATION.
(a) A complainant may appeal
from an order dismissing a complaint under sub. (2) by filing a written appeal
with the department by mail, facsimile, email, or hand-delivery that satisfies
all of the following:
1. The appeal is filed
within 10 days after the date of the order.
2. The appeal states specifically the grounds
upon which the appeal is based including evidence the complaint did, in fact,
meet the requirements of sub. (1).
(b) If a timely appeal is filed, the
department shall serve a copy of the appeal upon all other parties by U.S.
mail. The matter shall be referred to the bureau of hearings and mediation for
review by an administrative law judge. The administrative law judge shall issue
a decision to affirm, reverse, modify, or set aside the preliminary
determination. The department shall serve the decision of the administrative
law judge upon all parties. If the decision reverses or sets aside the
preliminary determination, the complaint shall be remanded for investigation.
If the decision affirms the preliminary determination, the decision may be
subject to review in court if it is a final decision and order that may be
appealed under s. DWD 226.25 (1).
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