reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.15 - Answer

Current through June 24, 2024
(1) WHEN REQUIRED. Within 10 days after the
				date of a notice of hearing on the merits, each respondent shall file with the
				hearing section of the division an answer to the allegations of the complaint
				upon which there is a finding of probable cause, along with a certification
				that a copy of the answer has been mailed to all other parties.
(2) CONTENT OF ANSWER. The answer shall
				contain the respondent's current address. It shall also contain a specific
				admission, denial or explanation of each allegation of the complaint. If the
				respondent is without knowledge or information sufficient to form a belief as
				to the truth of an allegation, the respondent shall so state and this shall
				have the effect of a denial. Admissions or denials may be to all or part of an
				allegation, but shall fairly meet the substance of the allegation. Any
				affirmative defense relied upon, including the statute of limitations, shall be
				raised in the answer unless it has previously been raised by a motion in
				writing. Failure to raise an affirmative defense in the answer may, in the
				absence of good cause, be held to constitute a waiver of such a
				defense.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.16 - Pre-hearing conference

Current through June 24, 2024
In any case which has been certified to hearing, a
				  pre-hearing conference may be held in accordance with the provisions of s.
				  227.44(4),
				  Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.17 - Subpoenas and motions

Current through June 24, 2024
(1) SUBPOENAS. The cost of service and
				witness and mileage fees shall be paid by the person requesting the subpoena.
				Witness and mileage fees shall be the same as set forth in s.
				814.67(1) (a)
				and (c), Stats. Subpoenas may be enforced
				pursuant to s.
				885.11,
				Stats.
(2) MOTIONS. Motions made
				during a hearing may be stated orally and shall, with the ruling of the
				administrative law judge, be included in the record of the hearing. All other
				motions shall be in writing and shall state briefly the relief requested and
				the grounds upon which the moving party is entitled to relief. All written
				motions shall be filed with the administrative law judge assigned to the case.
				Any briefs or other papers in support of a motion, including affidavits and
				documentary evidence, shall be filed with the motion. Any party opposing the
				motion may file a written response. All written motions shall be decided
				without further argument unless requested by the administrative law
				judge.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.18 - Pre-hearing discovery

Current through June 24, 2024
(1) WHEN DISCOVERY MAY BEGIN. Discovery may
				not be used prior to the time that a matter is certified to hearing, except
				that the taking and preservation of evidence shall be permitted prior to
				certification to hearing under the circumstances set forth in s.
				227.45(7),
				Stats.
(2) DISCOVERY DIRECTED TO A
				PARTY NOT REPRESENTED BY LEGAL COUNSEL. In the case of discovery directed to a
				party who is not represented by legal counsel, the party seeking that discovery
				shall, not less than 10 days prior to conducting such discovery, state in
				writing that it intends to seek discovery. The party seeking discovery shall
				send this notice to the party who is not represented by legal counsel and to
				either the chief of the hearing section or the administrative law judge, if one
				has been assigned to the case. All copies of demands for discovery and notices
				of depositions shall be filed with the department at the time they are served
				upon the party from whom the discovery is sought. Copies of responses to
				discovery by an unrepresented party and the original transcript of any
				deposition of an unrepresented party shall be filed with the department by the
				party which instituted those discovery requests as soon as practicable after
				the discovery has been taken.
(3)
				SCOPE, METHOD AND USE OF DISCOVERY. The scope of discovery, the methods of
				discovery and the use of discovery at hearing shall be the same as set forth in
				ch. 804, Stats.
(4) FAILURE TO
				COMPLY WITH DISCOVERY REQUESTS; DUTY TO CONSULT WITH OPPOSING PARTY. The
				administrative law judge may compel discovery, issue protective orders, and
				impose sanctions in the manner provided under ch. 804, Stats. All motions to
				compel discovery or motions for protective orders shall be accompanied by a
				statement in writing by the party making the motion that, after consultation in
				person or by telephone with the opposing party and sincere attempts to resolve
				their differences, the parties are unable to reach agreement. The statement
				shall state the date and place of such consultation and the names of all
				parties participating in the consultation.
(5) FILING WITH DEPARTMENT. Copies of
				discovery requests and responses to discovery requests need not be filed with
				the division, except as required under sub. (2).
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.19 - Disqualification of the administrative law judge

Current through June 24, 2024
Upon the administrative law judge's own motion, or upon a
				  timely and sufficient affidavit filed by any party, the administrative law
				  judge shall determine whether to disqualify himself or herself because of
				  personal bias or other reason. The administrative law judge's determination
				  shall be made a part of the record and decision in the case.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.20 - Exchange of names of witnesses and copies of exhibits

Current through June 24, 2024
By no later than the tenth day prior to the day of the
				  hearing, the parties shall file with the division and serve upon the other
				  party a written list of the names of witnesses and copies of the exhibits which
				  the parties intend to use at the hearing. For the purpose of this section,
				  service is complete on mailing rather than on receipt. The administrative law
				  judge may exclude witnesses and exhibits not identified in a timely fashion
				  pursuant to this section. This section does not apply to witnesses and exhibits
				  offered in rebuttal which the party could not have reasonably anticipated using
				  prior to the hearing.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.21 - Hearing

Current through June 24, 2024
(1) PROCEDURE. Hearings shall be conducted in
				conformity with the act and the provisions of ch. 227, Stats.
(2) POSTPONEMENTS AND CONTINUANCES. All
				requests for postponements shall be filed with the administrative law judge or
				with the chief of the hearing section within 10 days after the date of the
				notice of hearing, except where emergency circumstances arise after the notice
				is issued but prior to the hearing. The party requesting a postponement shall
				mail a copy of the request to all other parties at the time the request is
				filed with the division. Postponements and continuances may be granted only for
				good cause shown and shall not be granted solely for the convenience of the
				parties or their attorneys.
(3)
				APPEARANCE OF PARTIES. Parties may appear at the hearing in person and by
				counsel or other representative.
(4) FAILURE TO APPEAR AT HEARING. If the
				complainant fails to appear at the hearing, either in person or by a
				representative authorized to proceed on behalf of the complainant, the
				administrative law judge shall dismiss the complaint. If the respondent fails
				to appear at the hearing, the hearing shall proceed as scheduled. If, within 10
				days after the date of the hearing, any party who failed to appear shows good
				cause in writing for the failure to appear, the administrative law judge may
				reopen the hearing.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.22 - Record of hearing

Current through June 24, 2024
(1) METHOD OF RECORDING HEARING. A
				stenographic, electronic, or other record of oral proceedings shall be made at
				all hearings conducted under the act. Any party wishing to have a court
				reporter present to transcribe the proceedings shall be permitted to do so at
				their own expense. If the hearing is recorded on tape or digitally, the
				original recording shall remain in the division for 5 years following the
				hearing, after which it will be discarded.
(2) FILING TRANSCRIPTS WITH THE DIVISION.
				Transcription of the record shall be at the expense of any party who requests
				the transcription. The transcript shall be prepared by an independent,
				reputable, court reporter or transcriptionist. If a transcript is filed with
				the division, it shall include a certification by the transcriptionist that the
				transcript is an original, verbatim, transcript of the proceedings.
(3) TRANSCRIPTION OF RECORD AT DEPARTMENT
				EXPENSE. The department shall provide, without cost, a copy of the transcript
				for the purpose of judicial review if a party submits a sworn affidavit of
				indigency and the inability to obtain funds to pay the cost of a
				transcript.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.23 - Decision and order

Current through June 24, 2024
(1) DECISION AND ORDER AFTER HEARING ON THE
				ISSUE OF PROBABLE CAUSE. After a hearing on the issue of probable cause, the
				administrative law judge shall issue a written decision and order which
				dismisses the allegations of the complaint or which orders that a charge be
				issued under s.
				DWD
				220.11, depending upon the administrative law judge's
				findings and conclusions on the issue of probable cause. If the decision of the
				administrative law judge concludes that no probable cause exists, a certified
				copy of the decision and order and a notice of appeal rights shall be sent by
				first class mail to the last known address of each party and to their attorneys
				of record.
(2) DECISION AND ORDER
				AFTER HEARING ON THE MERITS. After a hearing on the merits, the administrative
				law judge shall issue a written decision and an order which shall either
				dismiss the allegations of the complaint or shall order such action by the
				respondent as shall effectuate the purposes of the act, depending upon the
				administrative law judge's findings and conclusions on the merits of the
				complaint. Economic and noneconomic damages including, but not limited to, lost
				wages, medical expenses, the increased costs of alternative housing, and
				compensation for damages caused by emotional distress, damage to reputation, or
				embarrassment may be ordered. A forfeiture may be ordered under s.
				106.50(6) (h)
				2 or 3., Stats., if the respondent's
				violation of the act was found to have been willful. A certified copy of the
				decision and order and a notice of appeal rights shall be sent by first class
				mail to the last known address of each party and to their attorneys of
				record.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.24 - Judicial review

Current through June 24, 2024
Any party may file a petition for review of a final decision
				  and order of the administrative law judge in the appropriate circuit court,
				  pursuant to s.
				  106.50(6)
				  (j), Stats. A final decision and order is one
				  which finally disposes of the entire complaint and leaves no further
				  proceedings on that complaint pending before the division.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.25 - Filing of documents by facsimile transmission or electronic mail

Current through June 24, 2024
(1)
				FILING OF DOCUMENTS BY FACSIMILE TRANSMISSION.
(a) Except where otherwise directed by the
				division, documents may be filed by facsimile transmission. Documents filed by
				facsimile transmission shall include a cover sheet setting forth all of the
				following information:
1. The name of the
				sender.
2. The individual to whom
				the transmission is directed, if that individual is known.
3. The number of pages being transmitted,
				including the cover sheet.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to implement the laws
				  prohibiting discrimination in public accommodations and amusements, and to
				  provide an impartial and speedy procedure for resolving disputes of alleged
				  discrimination in public accommodations and amusements.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.02 - Definitions

Current through June 24, 2024
In addition to those terms defined in s.
				  106.52,
				  Stats., the following are definitions for terms used in this chapter:
(1) "Act" means s.
				106.52,
				Stats., unless the context requires otherwise.
(2) "Administrative law judge" means the
				examiner appointed to conduct hearings under the act.
(3) "Day," when used in time computations in
				these rules, means a calendar day, except that if the last day of the time
				period is a Saturday, Sunday or legal holiday, the last day shall be the next
				business day.
(4) "Department"
				means the department of workforce development.
(5) "Division" means the equal rights
				division of the department.
(6)
				"Filing" means the physical receipt of a document at any division
				office.
(7) "Person" includes, but
				is not limited to, one or more individuals, partnerships, associations,
				corporations, joint stock companies, trusts, unincorporated organizations,
				trustees, or trustees or receivers in bankruptcy.
(8) "Probable cause" means a reasonable
				ground for belief, supported by facts and circumstances strong enough in
				themselves to warrant a prudent person to believe, that discrimination probably
				has been or is being committed.
(9)
				"Test" means a simulation of any transaction covered by the act for the purpose
				of comparing the responses given by persons such as owners and operators of
				places of public accommodations or amusements to individuals such as customers,
				patients or patrons of places of public accommodations or amusements to
				determine whether discrimination as defined under s.
				106.52(3),
				Stats., is being or has been committed.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.03 - Complaints

Current through June 24, 2024
(1) WHO MAY FILE COMPLAINTS. A complaint may
				be filed by any person or by the person's duly authorized representative. A
				complaint filed by a representative shall state that the representative is
				authorized to file the complaint.
(2) WHERE TO FILE COMPLAINTS.
(a) A complaint may be filed in person with
				any division office, or it may be mailed or sent by facsimile transmission to
				one of the following division offices:
1.
				Equal Rights Division, 201 East Washington Avenue, Madison, WI 53702. Facsimile
				number: 608-267-4592.
2. Equal
				Rights Division, 819 North 6th Street, Milwaukee, WI 53203. Facsimile number:
				414-227-4084.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.04 - Preliminary review of complaints

Current through June 24, 2024
(1) REVIEW OF
				COMPLAINT. The department shall review every complaint filed to ascertain all
				of the following:
(a) Whether the complainant
				is protected by the act.
(b)
				Whether the respondent is subject to the act.
(c) Whether the complaint states a claim for
				which relief can be granted under the act.
(d) Whether the complaint was timely
				filed.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.05 - Notice to respondents

Current through June 24, 2024
The department shall serve a copy of a complaint upon each
				  respondent prior to the commencement of any investigation. The notice shall
				  direct the respondent to respond in writing to the allegations of the complaint
				  within 10 days after the date of the notice. The notice shall advise the
				  respondent that if no response to the complaint is filed within the time
				  provided, the division will make an initial determination based on the
				  information provided by the complainant.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.06 - Testing

Current through June 24, 2024
(1) CONDITIONS UNDER WHICH TESTING MAY BE
				DONE BY THE DEPARTMENT. The department may engage in testing for the purpose of
				verifying allegations of discrimination in public accommodations and
				amusements, or to determine whether sufficient evidence exists to initiate its
				own complaint. Testing may occur under circumstances including, but not limited
				to, the following:
(a) Where no other means
				exists for verifying or refuting the allegations contained in a complaint, or
				where the findings of the investigator would be significantly strengthened by
				the inclusion of test results.
(b)
				Where the number or content of complaints against a specific respondent is
				sufficient to indicate that a pattern of unlawful discrimination may
				exist.
(c) Where demographic
				statistics would lead a reasonable person to believe that a pattern of unlawful
				discrimination exists in a particular geographical area.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.07 - Complainant's duty to respond to correspondence from the department

Current through June 24, 2024
The department may dismiss the complaint if the complainant
				  fails to respond to the department within 20 days from the date of mailing of
				  any correspondence from the department concerning the complaint, provided that
				  such correspondence was sent by certified mail, return receipt requested, to
				  the last known address of the complainant.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.08 - Investigations

Current through June 24, 2024
(1) CONDUCT OF INVESTIGATION. The department
				shall investigate all complaints which satisfy the review under s.
				DWD
				221.04(1). In conducting
				investigations under this chapter, the department shall seek the voluntary
				cooperation of all persons to provide requested materials to the department; to
				obtain access to premises, documents, individuals, and other possible sources
				of information; to examine, record, and copy necessary materials; and to take
				and record testimony or statements of persons reasonably necessary for 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. If the complaint is amended, the department shall
				investigate the allegations of the amended complaint, as well as the
				allegations of the initial complaint.
(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.
				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.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.09 - Initial determination

Current through June 24, 2024
(1) GENERAL. At the conclusion of the
				investigation, the department shall issue a written initial determination which
				shall state whether or not there is probable cause to believe that
				discrimination occurred as alleged in the complaint. The initial determination
				shall state the facts upon which its conclusion is based and shall be served
				upon the parties and their attorneys of record by first class mail.
(2) INITIAL DETERMINATION OF PROBABLE CAUSE.
				If the department initially determines that there is probable cause to believe
				that a violation of the act occurred as alleged in the complaint, those
				allegations shall be certified to hearing.
(3) INITIAL DETERMINATION OF NO PROBABLE
				CAUSE. If the department initially determines that there is no probable cause
				to believe that the act was violated as alleged in the complaint, it shall
				dismiss those allegations in the complaint. The department shall, by a notice
				to be incorporated in the initial determination, notify the parties of the
				complainant's right to appeal as provided in s.
				DWD
				221.10.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.10 - Appeal of initial determination of no probable cause

Current through June 24, 2024
(1) WHEN FILED.
				Within 20 days after the date of an initial determination finding that there is
				no probable cause, a complainant may file with the division a written request
				for a hearing on the issue of probable cause. The department shall notify the
				respondent that an appeal has been filed within 10 days of receiving the
				appeal.
(2) DISMISSAL FINAL IF NO
				APPEAL FILED. If no timely written request for a hearing is filed, the initial
				determination's order of dismissal shall be the final determination of the
				department.
(3) CERTIFICATION TO
				HEARING ON ISSUE OF PROBABLE CAUSE; RIGHT TO STIPULATE THAT CASE BE DECIDED ON
				MERITS. If a timely written request for a hearing is filed, the division shall
				issue a notice certifying the matter to hearing. A hearing on the issue of
				probable cause shall be noticed and conducted in accordance with the provisions
				of ss.
				DWD 221.13 and
				221.15 to
				221.21, except that the parties may
				stipulate prior to the hearing that the administrative law judge may decide the
				case on the merits.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.11 - Conciliation; private settlement

Current through June 24, 2024
(1) CONCILIATION.
				With the consent of all parties, the department may assist the parties to reach
				a mutually agreeable and just resolution of the complaint at any time during
				the proceedings. If conciliation resolves the dispute, the terms of the
				agreement shall be reduced to a written conciliation agreement. The
				conciliation agreement must be signed by the respondent and the complainant, or
				by their representatives.
(2)
				PRIVATE SETTLEMENT. The parties may enter into an agreement to settle the
				complaint at any time, with or without resort to conciliation. No complaint
				will be dismissed based on a settlement agreement unless the department
				receives a written request from the complainant withdrawing the complaint. A
				settlement agreement signed by the complainant which specifically authorizes
				the department to dismiss the complaint may be submitted by either party in
				place of a written request from the complainant withdrawing the
				complaint.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.12 - Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing

Current through June 24, 2024
A complaint may be dismissed for the reasons set forth in s.
				  DWD
				  221.04(1) after the case is certified
				  to hearing under either s.
				  DWD
				  221.09(2) or
				  221.10(3). In
				  determining whether to dismiss the complaint, the administrative law judge may
				  consider documents and affidavits presented by any party and may hold a hearing
				  to allow the parties to establish facts which may have a bearing on whether the
				  complaint should be dismissed. If the administrative law judge issues an order
				  dismissing the complaint under this section, a certified copy of the order and
				  a notice of appeal rights shall be sent by first class mail to the last known
				  address of each party and to their attorneys of record.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.13 - Notice of hearing

Current through June 24, 2024
(1) CONTENT. In any matter which has been
				certified to hearing, the department shall send a notice of hearing to the
				parties and their attorneys of record, by first-class mail, advising them of
				the specific time, date and place established for the hearing. The notice of
				hearing shall fully identify the parties and the case number. It shall specify
				a time and date of hearing not less than 30 days after the date of mailing of
				the notice of hearing. The notice of hearing shall specify the nature of the
				discrimination which is alleged to have occurred and shall state the legal
				authority on which the hearing is based. A copy of the complaint shall be
				attached to the notice of hearing.
(2) PLACE OF HEARING. The hearing shall be
				held in the county where the alleged act of discrimination occurred, or at
				another location with the consent of the parties. For purposes of this
				subsection, the county where the alleged act of discrimination occurred is the
				county where the place of public accommodations or amusements which is the
				subject of the complaint is located. If no specific place of public
				accommodation or amusement is involved, the place of hearing shall be the
				county where the respondent resides.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.14 - Answer

Current through June 24, 2024
(1) WHEN REQUIRED. Within 10 days after the
				date of a notice of hearing on the merits, each respondent shall file with the
				hearing section of the division an answer to the allegations of the complaint,
				along with a certification that a copy of the answer has been mailed to all
				other parties.
(2) CONTENT OF
				ANSWER. The answer shall contain the respondent's current address. It shall
				also contain a specific admission, denial or explanation of each allegation of
				the complaint. If the respondent is without knowledge or information sufficient
				to form a belief as to the truth of an allegation, the respondent shall so
				state and this shall have the effect of a denial. Admissions or denials may be
				to all or part of an allegation, but shall fairly meet the substance of the
				allegation. Any affirmative defense relied upon, including the statute of
				limitations, shall be raised in the answer unless it has previously been raised
				by a motion in writing. Failure to raise an affirmative defense in the answer
				may, in the absence of good cause, be held to constitute a waiver of such a
				defense.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.15 - Pre-hearing conference

Current through June 24, 2024
In any case which has been certified to hearing, a
				  pre-hearing conference may be held in accordance with the provisions of s.
				  227.44(4),
				  Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.16 - Subpoenas and motions

Current through June 24, 2024
(1) SUBPOENAS. Witnesses summoned by a
				subpoena shall be entitled to the witness and mileage fees set forth in s.
				814.67(1) (a)
				and (c), Stats. Subpoenas may be enforced
				pursuant to s.
				885.11,
				Stats.
(2) MOTIONS. Motions made
				during a hearing may be stated orally and shall, with the ruling of the
				administrative law judge, be included in the record of the hearing. All other
				motions shall be in writing and shall state briefly the relief requested and
				the grounds upon which the moving party is entitled to relief. All written
				motions shall be filed with the administrative law judge assigned to the case.
				Any briefs or other papers in support of a motion, including affidavits and
				documentary evidence, shall be filed with the motion. Any party opposing the
				motion may file a written response. All written motions shall be decided
				without further argument unless requested by the administrative law
				judge.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.17 - Pre-hearing discovery

Current through June 24, 2024
(1) WHEN DISCOVERY MAY BEGIN. Discovery may
				not be used prior to the time that a matter is certified to hearing, except
				that the taking and preservation of evidence shall be permitted prior to
				certification to hearing under the circumstances set forth in s.
				227.45(7),
				Stats.
(2) DISCOVERY DIRECTED TO A
				PARTY NOT REPRESENTED BY LEGAL COUNSEL. In the case of discovery directed to a
				party who is not represented by legal counsel, the party seeking that discovery
				shall, not less than 10 days prior to conducting such discovery, state in
				writing that it intends to seek discovery. The party seeking discovery shall
				send this notice to the party who is not represented by legal counsel and
				either the chief of the hearing section or the administrative law judge, if one
				has been assigned to the case. All copies of demands for discovery and notices
				of depositions shall be filed with the department at the time they are served
				upon the party from whom the discovery is sought. Copies of responses to
				discovery by an unrepresented party and the original transcript of any
				deposition of an unrepresented party shall be filed with the department by the
				party which instituted those discovery requests as soon as practicable after
				the discovery has been taken.
(3)
				SCOPE, METHOD AND USE OF DISCOVERY. The scope of discovery, the methods of
				discovery and the use of discovery at hearing shall be the same as set forth in
				ch. 804, Stats.
(4) FAILURE TO
				COMPLY WITH DISCOVERY REQUESTS; DUTY TO CONSULT WITH OPPOSING PARTY. The
				administrative law judge may compel discovery, issue protective orders, and
				impose sanctions in the manner provided under ch. 804, Stats. All motions to
				compel discovery or motions for protective orders shall be accompanied by a
				statement in writing by the party making the motion that, after consultation in
				person or by telephone with the opposing party and sincere attempts to resolve
				their differences, the parties are unable to reach agreement. The statement
				shall state the date and place of such consultation and the names of all
				parties participating in the consultation.
(5) FILING WITH DEPARTMENT. Copies of
				discovery requests and responses to discovery requests need not be filed with
				the division, except as required under sub. (2).
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.18 - Disqualification of the administrative law judge

Current through June 24, 2024
Upon the administrative law judge's own motion, or upon a
				  timely and sufficient affidavit filed by any party, the administrative law
				  judge shall determine whether to disqualify himself or herself because of
				  personal bias or other reason. The administrative law judge's determination
				  shall be made a part of the record and decision in the case.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.19 - Hearing

Current through June 24, 2024
(1) PROCEDURE. Hearings shall be conducted in
				conformity with the act and the provisions of ch. 227, Stats.
(2) POSTPONEMENTS AND CONTINUANCES. All
				requests for postponements shall be filed with the administrative law judge or
				with the chief of the hearing section within 10 days after the date of the
				notice of hearing, except where emergency circumstances arise after the notice
				is issued but prior to the hearing. The party requesting a postponement shall
				mail a copy of the request to all other parties at the time the request is
				filed with the division. Postponements and continuances may be granted only for
				good cause shown and shall not be granted solely for the convenience of the
				parties or their attorneys.
(3)
				APPEARANCE OF PARTIES. Parties may appear at the hearing in person and by
				counsel or other representative.
(4) FAILURE TO APPEAR AT HEARING. If the
				complainant fails to appear at the hearing, either in person or by a
				representative authorized to proceed on behalf of the complainant, the
				administrative law judge shall dismiss the complaint. If the respondent fails
				to appear at the hearing, the hearing shall proceed as scheduled. If, within 10
				days after the date of the hearing, any party who failed to appear shows good
				cause in writing for the failure to appear, the administrative law judge may
				reopen the hearing.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.20 - Record of hearing

Current through June 24, 2024
(1) METHOD OF RECORDING HEARING. A
				stenographic, electronic, or other record of oral proceedings shall be made at
				all hearings conducted under this chapter. Any party wishing to have a court
				reporter present to transcribe the proceedings shall be permitted to do so at
				their own expense. If the hearing is recorded on tape or digitally, the
				original recording shall remain in the division for 5 years following the
				hearing, after which it will be discarded.
(2) FILING TRANSCRIPTS WITH THE DIVISION.
				Transcription of the record shall be at the expense of any party who requests
				the transcription. The transcript shall be prepared by an independent,
				reputable, court reporter or transcriptionist. If a transcript is filed with
				the division, it shall include a certification by the transcriptionist that the
				transcript is an original, verbatim, transcript of the proceedings.
(3) TRANSCRIPTION OF RECORD AT DEPARTMENT
				EXPENSE. The department shall provide, without cost, a copy of the transcript
				for the purpose of judicial review if a party submits a sworn affidavit of
				indigency and the inability to obtain funds to pay the cost of a
				transcript.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.21 - Decision and order

Current through June 24, 2024
(1) GENERAL. After the close of the hearing,
				including any briefs which may be allowed by the administrative law judge, the
				administrative law judge shall prepare a formal written decision which shall
				include findings of fact, conclusions of law and an order, and which may be
				accompanied by an opinion.
(2)
				DECISION AND ORDER AFTER HEARING ON THE ISSUE OF PROBABLE CAUSE. After a
				hearing on the issue of probable cause, the administrative law judge shall
				issue a written decision and order which dismisses the allegations of the
				complaint or which orders the matter scheduled for a hearing on the merits,
				depending upon the administrative law judge's findings and conclusions on the
				issue of probable cause. If the decision of the administrative law judge
				concludes that there is probable cause, the matter shall be certified for a
				hearing on the merits. If the decision of the administrative law judge
				determines that no probable cause exists, a certified copy of the decision and
				order and a notice of appeal rights shall be sent by first class mail to the
				last known address of each party and to their attorneys of record. A decision
				and order finding no probable cause may be appealed to the labor and industry
				review commission if it is a final decision and order as defined in s.
				DWD
				221.22(1).
(3) DECISION AND ORDER AFTER HEARING ON THE
				MERITS. After a hearing on the merits, the administrative law judge shall issue
				a decision and an order which will either dismiss the allegations of the
				complaint or shall order such action by the respondent as will effectuate the
				purposes of the act, depending upon the administrative law judge's findings and
				conclusions on the merits of the complaint. A certified copy of the decision
				and order shall be sent by first class mail to the last known address of each
				party and to their attorneys of record.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.22 - Petition for review by the labor and industry review commission

Current through June 24, 2024
(1) APPEALS
				LIMITED TO FINAL DECISIONS AND ORDERS. Any party may file a written petition
				for review of a final decision and order of the administrative law judge by the
				labor and industry review commission. Only final decisions and orders of the
				administrative law judge may be appealed. A final decision and order is one
				that finally disposes of the entire complaint and leaves no further proceedings
				on that complaint pending before the division.
(2) REQUIREMENTS FOR FILING PETITION FOR
				REVIEW. A petition for review shall be filed within 21 days after the date a
				copy of the administrative law judge's decision and order is mailed to the last
				known address of each party and their representative or attorney of record. The
				petition shall be filed with the division's Madison or Milwaukee
				office.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 221 - Public accommodations › Section DWD 221.23 - Filing of documents by facsimile transmission or electronic mail

Current through June 24, 2024
(1)
				FILING OF DOCUMENTS BY FACSIMILE TRANSMISSION.
(a) Except where otherwise directed by the
				division, documents may be filed by facsimile transmission. Documents filed by
				facsimile transmission shall include a cover sheet setting forth all of the
				following information:
1. The name of the
				sender.
2. The individual to whom
				the transmission is directed, if that individual is known.
3. The number of pages being transmitted,
				including the cover sheet.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 223 - Public employee safety and health › Section DWD 223.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to implement the law
				  prohibiting employers from discharging or discriminating against public
				  employees because they have exercised their rights under the public employee
				  safety and health law, s.
				  101.055(8),
				  Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 223 - Public employee safety and health › Section DWD 223.02 - Definitions

Current through June 24, 2024
When used in this chapter:
(1) "Act" means the public employee safety
				and health provisions contained in s.
				101.055(8),
				Stats.
(2) "Administrative law
				judge" means the examiner appointed to conduct hearings under the
				act.
(3) "Complainant" means the
				person who files a complaint alleging that an action prohibited by the act has
				been committed.
(4) "Day," when
				used in time computations in this chapter, means a calendar day, except that if
				the last day of the time period is a Saturday, Sunday, or legal holiday, the
				last day shall be the next business day.
(5) "Division" means the equal rights
				division of the department of workforce development.
(6) "Filing" means the physical receipt of a
				document.
(7) "Person" includes,
				but is not limited to, one or more individuals, partnerships, associations,
				corporations, joint stock companies, trusts, unincorporated organizations,
				trustees, or trustees or receivers in bankruptcy.
(8) "Probable cause" means a reasonable
				ground for belief, supported by facts and circumstances strong enough in
				themselves to warrant a prudent person to believe, that a violation of the act
				probably has been or is being committed.
(9) "Respondent" means the person or agency
				alleged to have committed an action prohibited by the act.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 223 - Public employee safety and health › Section DWD 223.03 - Complaints

Current through June 24, 2024
(1) WHO MAY FILE COMPLAINTS. A complaint may
				be filed by any person or by the person's authorized representative. A
				complaint filed by a representative shall state that the representative is
				authorized to file the complaint.
(2) WHERE TO FILE COMPLAINTS.
(a) A complaint may be filed in person with
				any division office, or it may be mailed or sent by facsimile transmission to
				one of the following division offices:
1.
				Equal Rights Division, 201 East Washington Avenue, Madison, WI 53702. Facsimile
				number: 608-267-4592.
2. Equal
				Rights Division, 819 North Sixth Street, Milwaukee, WI 53203. Facsimile number:
				414-227-4084.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 223 - Public employee safety and health › Section DWD 223.04 - Notification of respondent

Current through June 24, 2024
(1) WHEN NOTICE IS
				TO BE SENT. The division shall serve by first class mail a copy of a complaint
				that meets the requirements of s.
				DWD
				223.03 upon each respondent prior to the commencement
				of any investigation.
(2) CONTENT
				OF NOTICE. The notice shall include a copy of the complaint, which shall
				indicate on its face the date the complaint was filed. The notice shall direct
				the respondent to respond in writing to the allegations of the complaint within
				a time period specified by the division. The notice shall further state that,
				if the respondent fails to answer the complaint in writing, the division may
				make an initial determination as to whether a violation of s.
				101.055(8)
				(ar), Stats., has occurred based only on the
				division's investigation and the information supplied by the
				complainant.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 223 - Public employee safety and health › Section DWD 223.05 - Preliminary review of complaints

Current through June 24, 2024
(1) REVIEW OF
				COMPLAINT. The division shall review every complaint filed to determine all of
				the following:
(a) Whether the complainant is
				protected by the act.
(b) Whether
				the respondent is subject to the act.
(c) Whether the complaint states a claim for
				relief under the act.
(d) Whether
				the complaint was filed within the time period set forth in the act.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 223 - Public employee safety and health › Section DWD 223.06 - Investigations

Current through June 24, 2024
(1) CONDUCT OF INVESTIGATION. The division
				shall investigate all complaints that satisfy the review under s.
				DWD
				223.05(1). In conducting
				investigations under this chapter, the division may seek the cooperation of all
				persons to provide requested materials to the division; 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 division 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 discharged or otherwise discriminated against the complainant in a manner
				that is not alleged in the complaint, the division may advise the complainant
				that the complaint should be amended.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 223 - Public employee safety and health › Section DWD 223.07 - Initial determination

Current through June 24, 2024
(1) GENERAL. At the conclusion of the
				investigation, the division shall issue a written initial determination which
				shall state whether or not there is probable cause to believe that the
				complainant has been discharged or otherwise discriminated against in violation
				of the act as alleged in the complaint. This initial determination shall set
				forth the facts upon which its conclusion is based and shall be served upon the
				parties.
(2) INITIAL DETERMINATION
				OF PROBABLE CAUSE. If the division initially determines that there is probable
				cause, it shall certify the case to hearing. A hearing on the merits shall
				thereafter be noticed and conducted in accordance with the provisions in ss.
				DWD 223.11 to
				223.19.
(3) INITIAL DETERMINATION OF NO PROBABLE
				CAUSE. If the division initially determines that there is no probable cause, it
				shall dismiss those allegations. The division shall, by a notice to be
				incorporated in the initial determination, notify the parties and their
				attorneys of record of the complainant's right to appeal as provided in s.
				DWD
				223.08.