Wisconsin Administrative Code
Department of Workforce Development
DWD 218-226 - Civil Rights
Chapter DWD 226 - Bone Marrow And Organ Donor Leave
Section DWD 226.10 - Investigations
Universal Citation: WI Admin Code ยง DWD 226.10
Current through August 26, 2024
(1) CONDUCT OF INVESTIGATION. The department shall investigate all complaints that satisfy the review under s. DWD 226.09. 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.
(2) DISMISSAL OF COMPLAINT BEFORE COMPLETION OF INVESTIGATION.
(a) The department may dismiss a complaint
before completion of an investigation under the any of 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 226.07.
2. The
complainant signed a 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 s.
103.11,
Stats.
3. The allegations in the
complaint have been previously dismissed with prejudice by the department or by
a state or federal court.
(b)
1. A
complainant may appeal from an order dismissing a complaint under this
subsection by filing a written appeal with the department that satisfies all of
the following:
a. The appeal is filed within
20 days after the date of the order.
b. The appeal states specifically the grounds
upon which the appeal is based including evidence the complaint did, in fact,
meet the requirements of s. DWD 226.09 (1).
2. 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 which shall either affirm, reverse, modify, or set aside the
preliminary determination. The department shall serve the decision of the
administrative law judge upon the parties by U.S. mail. If the decision
reverses or sets aside the preliminary determination, the complaint shall be
remanded for investigation. If the decision affirms the preliminary
determination, it may be subject to review in court if it is a final decision
and order as defined in s. DWD 226.25 (1).
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