reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 223 - Public employee safety and health › Section DWD 223.08 - Appeal of initial determination of no probable cause

Current through June 24, 2024
(1) WHEN FILED.
				Within 10 days after the date of an initial determination finding that there is
				no probable cause, a complainant may file a written request for a hearing on
				the issue of probable cause. The request for hearing shall state specifically
				the grounds upon which the appeal is based. The division 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
				division.
(3) CERTIFICATION TO
				HEARING ON ISSUE OF PROBABLE CAUSE; RIGHT TO STIPULATE THAT CASE BE DECIDED ON
				MERITS. If a timely appeal 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 223.11 and
				223.13 to
				223.19, except that the parties may
				stipulate prior to the hearing that the administrative law judge may decide the
				case on the merits. If a hearing on the issue of probable cause is requested in
				a case in which the initial determination also found probable cause with
				respect to one or more issues the division may, with the consent of the
				parties, consolidate the hearing on probable cause and the hearing on the
				merits.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 223 - Public employee safety and health › Section DWD 223.09 - Private settlement and conciliation

Current through June 24, 2024
The parties may enter into an agreement to settle the
				  complaint at any time during the proceedings, with or without assistance by the
				  division. The division may assist the parties to reach a settlement agreement.
				  The parties shall notify the division immediately upon reaching a settlement.
				  Upon receiving notification that the parties have reached a settlement, the
				  division shall issue an order dismissing the complaint.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 223 - Public employee safety and health › Section DWD 223.10 - 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 based upon the conditions set
				  forth in s.
				  DWD
				  223.05(1) or for any other procedural
				  basis after the case is certified to hearing under either s.
				  DWD
				  223.07(2) or
				  223.08(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 that 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 223 - Public employee safety and health › Section DWD 223.11 - Notice of hearing

Current through June 24, 2024
(1) CONTENT. In any matter that has been
				certified to hearing following an initial determination of probable cause under
				s.
				DWD
				223.07(2) or an appeal of an initial
				determination of no probable cause under s.
				DWD
				223.08(3), the division shall advise
				the parties and their representatives and attorneys of record in writing by
				first-class mail, 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 for hearing not less than 20 days
				after the date of mailing of the notice of hearing. The notice of hearing shall
				specify the nature of the violation of s.
				101.055(8)
				(ar), Stats., that 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 either the county where the alleged violation of the law occurred or
				the county where the respondent resides, or at another location with the
				consent of the parties.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 223 - Public employee safety and health › Section DWD 223.12 - Answer

Current through June 24, 2024
(1) WHEN REQUIRED. Within 14 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 signed document
				indicating 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 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 223 - Public employee safety and health › Section DWD 223.13 - 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 223 - Public employee safety and health › Section DWD 223.14 - 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 the 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 division at the time they are served
				upon the unrepresented 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 division 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
				DIVISION. 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 223 - Public employee safety and health › Section DWD 223.15 - Subpoenas and motions

Current through June 24, 2024
(1) SUBPOENAS. The division or a party's
				attorney of record may issue a subpoena to compel the attendance of a witness
				or the production of documents. A subpoena issued by an attorney shall be in
				substantially the same form as provided in s.
				805.07(4),
				Stats., and shall be served in the manner provided in s.
				805.07(5),
				Stats. Witnesses summoned by a subpoena who are not employees of the civil
				service as defined in s.
				230.03(6),
				Stats., shall be entitled to the witness and mileage fees set forth in s.
				814.67(1) (a)
				and (c), Stats. The cost of service, witness,
				and mileage fees shall be paid by the person issuing the subpoena. 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 223 - Public employee safety and health › Section DWD 223.16 - 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 223 - Public employee safety and health › Section DWD 223.17 - Hearings

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
				within 10 days after 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 hearing, any party who failed to appear shows good cause
				in writing for the failure to appear, the administrative law judge shall reopen
				the hearing.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 223 - Public employee safety and health › Section DWD 223.18 - Record of hearing

Current through June 24, 2024
(1) METHOD OF RECORDING HEARINGS. 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 may be discarded.
(2) REQUIREMENTS FOR PREPARATION OF
				TRANSCRIPTS. Any party may file a transcript of the hearing with the division.
				The transcript shall be prepared by an independent, reputable court reporter or
				transcriptionist. The transcript shall include a certification by the
				transcriptionist that it is an original, verbatim, transcript of the
				proceedings.
(3) COST FOR
				TRANSCRIPTION OF RECORD. Transcription of the record for purposes other than
				judicial review shall be at the expense of any party who requests the
				transcription. For the purpose of judicial review, the division shall prepare
				at its own expense and provide to the court a transcript of the record, unless
				a transcript has already been prepared at the expense of the parties. If a
				transcript has been provided to the court for the purpose of judicial review,
				the division shall provide a copy of the transcript at no cost to any party
				that submits a sworn affidavit of indigency and the inability to obtain funds
				to pay for a transcript.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 223 - Public employee safety and health › Section DWD 223.19 - Decision and order

Current through June 24, 2024
(1) GENERAL. After the close of the hearing,
				including review of any briefs that may be allowed by the administrative law
				judge, the administrative law judge shall prepare a formal written decision
				that shall include findings of fact, conclusions of law, and an order, and
				which may be accompanied by an opinion. If the administrative law judge allows
				briefs to be filed after the close of the hearing, the requirement in s.
				101.055(8)
				(c), Stats., that the division shall issue
				its decision and order within 30 days of the hearing is waived.
(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 decision and order that dismisses the
				allegations of the complaint or that orders that the case be certified for a
				hearing on the merits of the complaint, depending upon the administrative law
				judge's findings and conclusions on the issue of probable cause. 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 circuit court if it is a final decision and
				order as defined in s.
				DWD
				223.20(2).
(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 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. 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 223 - Public employee safety and health › Section DWD 223.20 - Appeal rights

Current through June 24, 2024
(1) NOTICE OF APPEAL RIGHTS. Every decision
				and order of an administrative law judge under s.
				DWD 223.19
				shall be accompanied by a separate notice advising the parties of their rights
				to seek judicial review under ch. 227, Stats.
(2) JUDICIAL REVIEW. Any party may seek
				judicial review of a final decision and order of the administrative law judge
				as provided in s.
				101.055(8)
				(d), Stats. Only final decisions and orders
				of the administrative law judge may be appealed. A final decision is one that
				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 223 - Public employee safety and health › Section DWD 223.21 - Pay status and witness fees for state employee parties and state employee witnesses

Current through June 24, 2024
(1) PAY STATUS OF STATE EMPLOYEE PARTIES.
				State civil service employees who, as parties, are interviewed as part of
				investigations or who appear at pre-hearing conferences, conciliation sessions,
				or hearings, whether held in person or via telephone, shall do so without loss
				of state salary and with reimbursement by the employing agency for travel
				expenses in accordance with the uniform travel schedule amounts established
				under s.
				20.916(8),
				Stats.
(2) PAY STATUS OF STATE
				EMPLOYEE WITNESSES. State civil service employees who are interviewed as part
				of investigations or who attend hearings as witnesses, whether held in person
				or via telephone, shall do so without loss of state salary and with
				reimbursement by the employing agency for travel expenses in accordance with
				the uniform travel schedule amounts established under s.
				20.916(8),
				Stats.
(3) WITNESS FEES FOR STATE
				CIVIL SERVICE EMPLOYEES. State civil service employees who attend hearings as
				witnesses shall be entitled only to that compensation specified in sub.
				(2).
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 223 - Public employee safety and health › Section DWD 223.22 - 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 224 - Whistleblower protection › Section DWD 224.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to implement the law relating
				  to complaints filed against the state as an employer under subch. III of ch.
				  230, Stats., commonly referred to as the "whistleblower" law.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 224 - Whistleblower protection › Section DWD 224.02 - Definitions

Current through June 24, 2024
When used in this chapter:
(1) "Administrative law judge" means the
				examiner appointed to conduct hearings under subch. III of ch. 230,
				Stats.
(2) "Appointing authority"
				has the meaning given in s.
				230.80(1m),
				Stats.
Note: Section
				  230.80(1m),
				  Stats., provides that "appointing authority" means "the chief officer of any
				  governmental unit unless another person is authorized to appoint subordinate
				  staff by the constitution or any law."
(3) "Complainant" means the employee who
				files a complaint alleging that an action prohibited by subch. III of ch. 230,
				Stats., has been committed.
(4)
				"Day" 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) "Employee" has the meaning given in s.
				230.80(3),
				Stats.
Note: Section
				  230.80(3),
				  Stats., provides that "employee" means "any person employed by any governmental
				  unit except:
(a) A person employed by
				the office of the governor, the courts, the legislature or a service agency
				under subch. IV of ch. 13.
(b) A
				person who is, or whose immediate supervisor is, assigned to an executive
				salary group or university senior executive salary group s.
				20.923."
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 224 - Whistleblower protection › Section DWD 224.03 - Complaints

Current through June 24, 2024
(1) WHO MAY FILE COMPLAINTS. A complaint may
				be filed by any employee or by the employee'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 224 - Whistleblower protection › Section DWD 224.04 - Notification of respondent

Current through June 24, 2024
(1) WHEN NOTICE IS
				TO BE SENT. The division shall serve a copy of a complaint that meets the
				requirements of s.
				DWD
				224.03 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 retaliatory action 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 224 - Whistleblower protection › Section DWD 224.05 - Complainant's duty to respond to correspondence from the division

Current through June 24, 2024
The division may dismiss the complaint if the complainant
				  fails to respond to the division within 20 days from the date of mailing of any
				  correspondence from the division concerning the complaint, provided that
				  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 224 - Whistleblower protection › Section DWD 224.06 - 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 subch. III of ch. 230, Stats.
(b) Whether the respondent is subject to
				subch. III of ch. 230, Stats.
(c)
				Whether the complaint states a claim for relief under subch. III of ch. 230,
				Stats.
(d) Whether the complaint
				was filed within the time period set forth in s.
				230.85(1),
				Stats., if that issue is raised in writing by the respondent.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 224 - Whistleblower protection › Section DWD 224.07 - Investigations

Current through June 24, 2024
(1) CONDUCT OF INVESTIGATION. Except as
				provided in sub. (3), the division shall investigate all complaints that
				satisfy the review under s.
				DWD
				224.06. 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. In scheduling
				interviews with state employees, the division may consider the programmatic
				needs of the appointing authority. 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 engaged in retaliatory action against the complainant that is not alleged
				in the complaint, the division may advise the complainant that the complaint
				should be amended.
(3) DISMISSAL OF
				COMPLAINT PRIOR TO COMPLETION OF INVESTIGATION.
(a) The division 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 division 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.
2. The
				complainant signed a valid waiver and release of claims arising out of the
				complainant's employment with the respondent which would preclude the division
				from finding that the respondent has violated subch. III of ch. 230,
				Stats.
3. The allegations in the
				complaint have been previously dismissed by the division.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 224 - Whistleblower protection › Section DWD 224.08 - Initial determination

Current through June 24, 2024
(1) GENERAL. At the conclusion of the
				investigation, the division shall issue a written initial determination that
				shall state whether or not there is probable cause to believe that retaliatory
				action occurred 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 to believe that any retaliatory action occurred as
				alleged in the complaint, it shall certify the case to hearing. A hearing on
				the merits shall thereafter be noticed and conducted in accordance with the
				provisions of ss.
				DWD 224.12 to
				224.21.
(3) INITIAL DETERMINATION OF NO PROBABLE
				CAUSE. If the division initially determines that there is no probable cause to
				believe that retaliatory action occurred as alleged in the complaint, it may
				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
				224.09.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 224 - Whistleblower protection › Section DWD 224.09 - Appeal of initial determination of no probable cause

Current through June 24, 2024
(1) WHEN FILED.
				Within 30 days after the date of an initial determination finding that there is
				no probable cause, a complainant may file a written request for a hearing on
				the issue of probable cause. The request for hearing shall state specifically
				the grounds upon which the appeal is based. The division 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
				division.
(3) CERTIFICATION TO
				HEARING ON ISSUE OF PROBABLE CAUSE; RIGHT TO STIPULATE THE CASE BE DECIDED ON
				MERITS. If a timely appeal 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 224.12 and
				224.14 to
				224.21, except that the parties may
				stipulate prior to the hearing that the administrative law judge may decide the
				case on the merits. If a hearing on the issue of probable cause is requested in
				a case in which the initial determination also found probable cause with
				respect to one or more issues the division may, with the consent of the
				parties, consolidate the hearing on probable cause and the hearing on the
				merits.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 224 - Whistleblower protection › Section DWD 224.10 - Private settlement and conciliation

Current through June 24, 2024
The parties may enter into an agreement to settle the
				  complaint at any time during the proceedings, with or without assistance by the
				  division. The division may assist the parties to reach a settlement agreement.
				  The parties shall notify the division immediately upon reaching a
				  settlement.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 224 - Whistleblower protection › Section DWD 224.11 - 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 based upon the conditions set
				  forth in s.
				  DWD
				  224.06(1) or for any other procedural
				  basis after the case is certified to hearing under either s.
				  DWD
				  224.08(2) or
				  224.09(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 that 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 224 - Whistleblower protection › Section DWD 224.12 - Notice of hearing

Current through June 24, 2024
(1) CONTENT. In any matter which has been
				certified to hearing following an initial determination of probable cause under
				s.
				DWD
				224.08(2) or an appeal of an initial
				determination of no probable cause under s.
				DWD
				224.09(3), the division shall advise
				the parties and their representatives and attorneys of record in writing by
				first-class mail, 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 for 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 retaliatory action that 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 retaliatory action occurred or at another
				location with the consent of the parties. For the purpose of this subsection,
				the county where the alleged retaliatory action occurred is the county where
				the complainant was employed at the time.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 224 - Whistleblower protection › Section DWD 224.13 - Answer

Current through June 24, 2024
(1) WHEN REQUIRED. Within 21 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 address of the respondent and the name and address of the
				respondent's legal counsel or other representative. 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 224 - Whistleblower protection › Section DWD 224.14 - 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 224 - Whistleblower protection › Section DWD 224.15 - 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 division 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 division 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 DIVISION. 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 224 - Whistleblower protection › Section DWD 224.16 - Subpoenas and motions

Current through June 24, 2024
(1) SUBPOENAS. The division or a party's
				attorney of record may issue a subpoena to compel the attendance of a witness
				or the production of documents. A subpoena issued by an attorney shall be in
				substantially the same form as provided in s.
				805.07(4),
				Stats., and shall be served in the manner provided in s.
				805.07(5),
				Stats. Witnesses summoned by a subpoena who are not employees of the civil
				service as defined in s.
				230.03(6),
				Stats., shall be entitled to the witness and mileage fees set forth in s.
				814.67(1) (a)
				and (c), Stats. The cost of service, witness,
				and mileage fees shall be paid by the person issuing the subpoena. 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 224 - Whistleblower protection › Section DWD 224.17 - 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 224 - Whistleblower protection › Section DWD 224.18 - 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 hearing,
				  the parties shall file with the division and serve upon all other parties a
				  written list of the names of witnesses and copies of 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 that 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 224 - Whistleblower protection › Section DWD 224.19 - Hearings

Current through June 24, 2024
(1) PROCEDURE. Hearings shall be conducted in
				conformity with subch. III of ch. 230, Stats., and the provisions of ch. 227,
				Stats.
(2) POSTPONEMENTS AND
				CONTINUANCES. All requests for postponements shall be filed with the
				administrative law judge within 10 days after 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 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 224 - Whistleblower protection › Section DWD 224.20 - 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 subch. III of ch. 230, Stats. 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 may be discarded.
(2) REQUIREMENTS FOR PREPARATION OF
				TRANSCRIPTS. Any party may file a transcript of the hearing with the division.
				The transcript shall be prepared by an independent, reputable court reporter or
				transcriptionist. The transcript shall include a certification by the
				transcriptionist that it is an original, verbatim transcript of the
				proceedings.
(3) COST FOR
				TRANSCRIPTION OF RECORD. Transcription of the record for purposes other than
				judicial review shall be at the expense of any party who requests the
				transcription. For the purpose of judicial review, the division shall prepare
				at its own expense and provide to the court a transcript of the record, unless
				a transcript has already been prepared at the expense of the parties. If a
				transcript has been provided to the court for the purpose of judicial review,
				the division shall provide a copy of the transcript at no cost to any party
				that submits a sworn affidavit of indigency and the inability to obtain funds
				to pay for a transcript.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 224 - Whistleblower protection › Section DWD 224.21 - Decision and order

Current through June 24, 2024
(1) GENERAL. After the close of the hearing,
				including any briefs that may be allowed by the administrative law judge, the
				administrative law judge shall prepare a formal written decision that 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 decision and order which dismisses the allegations of the complaint or
				which orders that the case be certified for a hearing on the merits of the
				complaint, depending upon the administrative law judge's findings and
				conclusions on the issue of probable cause. 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
				court if it is a final decision and order as defined in s.
				DWD
				224.22(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 that shall either dismiss the allegations of the
				complaint or shall order an appropriate action, including actions listed in s.
				230.85(3)
				(a), Stats., depending upon the
				administrative law judge's findings and conclusions on the merits of the
				complaint. The division shall serve a certified copy of the findings and order
				on the respondent and, if the respondent is a natural person, upon the
				respondent's appointing authority. The decision of the administrative law judge
				shall be the final decision of the division and the division for purposes of
				judicial review under s.
				227.52,
				Stats.
(4) COMPUTATION OF INTEREST.
				Interest on any award made pursuant to this chapter shall be added to that
				award and computed at an annual rate of 12% simple interest. Interest shall be
				computed by calendar quarter.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 224 - Whistleblower protection › Section DWD 224.22 - Appeals

Current through June 24, 2024
(1) APPEALS LIMITED TO FINAL DECISIONS AND
				ORDERS. Any party may seek judicial review of a final decision and order of the
				administrative law judge as provided in s.
				230.87, Stats.
				Only final decisions and orders of the administrative law judge may be
				appealed. A final decision is one that disposes of the entire complaint and
				leaves no further proceedings on that complaint pending before the
				division.
(2) NOTICE OF APPEAL
				RIGHTS. Every decision and order of an administrative law judge under s.
				DWD 224.21
				shall be accompanied by a separate notice advising the parties of their rights
				to seek judicial review of the decision pursuant to s.
				230.87,
				Stats.