Register November 2006 No. 611
Chapter DWD 221
PUBLIC ACCOMMODATIONS
DWD 221.04 Preliminary review of complaints.
DWD 221.05 Notice to respondents.
DWD 221.07 Complainant's duty to respond to correspondence from the department.
DWD 221.08 Investigations.
DWD 221.09 Initial determination.
DWD 221.10 Appeal of initial determination of no probable cause.
DWD 221.11 Conciliation; private settlement.
DWD 221.12 Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing.
DWD 221.13 Notice of hearing.
DWD 221.15 Pre-hearing conference.
DWD 221.16 Subpoenas and motions.
DWD 221.17 Pre-hearing discovery.
DWD 221.18 Disqualification of the administrative law judge.
DWD 221.20 Record of hearing.
DWD 221.21 Decision and order.
DWD 221.22 Petition for review by the labor and industry review commission.
DWD 221.23 Filing of documents by facsimile transmission or electronic mail.
Ch. DWD 221 Note
Note: Chapter ILHR 218 was renumbered chapter DWD 218 under s. 13.93 (2m) (b) 1., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats.,
Register, November, 1997, No. 503.
DWD 221.01
DWD 221.01 Purpose. 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.
DWD 221.01 History
History: Cr.
Register, September, 1994, No. 465, eff. 10-1-94.
DWD 221.02
DWD 221.02 Definitions. In addition to those terms defined in s.
106.52, Stats., the following are definitions for terms used in this chapter:
DWD 221.02(2)
(2) “Administrative law judge" means the examiner appointed to conduct hearings under the act.
DWD 221.02(3)
(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.
DWD 221.02(4)
(4) “Department" means the department of workforce development.
DWD 221.02(5)
(5) “Division" means the equal rights division of the department.
DWD 221.02(6)
(6) “Filing" means the physical receipt of a document at any division office.
DWD 221.02(7)
(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.
DWD 221.02(8)
(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.
DWD 221.02(9)
(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.
DWD 221.02 History
History: Cr.
Register, September, 1994, No. 465, eff. 10-1-94; corrections in (intro.), (1) and (9) made under s. 13.93 (2m) (b) 7., Stats.,
Register, December, 2000, No. 540; correction in (9) made under s. 13.93 (2m) (b) 7., Stats.,
Register March 2004 No. 579, eff. 4-1-04.
DWD 221.03(1)
(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.
DWD 221.03(2)(a)(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:
DWD 221.03(2)(a)1.
1. Equal Rights Division, 201 East Washington Avenue, Madison, WI 53702. Facsimile number: 608-267-4592.
DWD 221.03(2)(a)2.
2. Equal Rights Division, 819 North 6th Street, Milwaukee, WI 53203. Facsimile number: 414-227-4084.
DWD 221.03(3)
(3) Form and content of complaint. A complaint shall be written on a form which is available at any division office or on any other form acceptable to the department. Each complaint shall be signed by the person filing the complaint or by the person's duly authorized representative and shall be notarized. Each complaint shall contain substantially the following information:
DWD 221.03(3)(c)
(c) A description and the address of the place of public accommodations or amusements which is involved.
DWD 221.03(3)(d)
(d) A concise statement of the essential facts, including pertinent dates, constituting the alleged discrimination in public accommodations or amusements.
DWD 221.03(4)
(4) Assistance by the department. The department shall, upon request, provide appropriate assistance in completing and filing complaints.
DWD 221.03(5)
(5) Date of filing of complaint. A complaint is considered filed when it is received by the department in a form that reasonably meets the standards of
sub. (3).
DWD 221.03(6)
(6) Amendment of complaint. Subject to the approval of the department, a complaint may be amended no later than 45 days before hearing unless good cause is shown for the failure to amend the complaint prior to that time. If the complaint is amended prior to the issuance of an initial determination, the department shall investigate the allegations of the amended complaint. If the complaint is amended after the case has been certified to hearing, the chief of the hearing section or the administrative law judge may remand the complaint to the investigation section to conduct an investigation and issue an initial determination as to whether probable cause exists to believe that discrimination has occurred as alleged in the amended complaint. An amended complaint shall be dismissed if it does not meet the requirements of
s. DWD 221.04 (1).
DWD 221.03(7)
(7) Withdrawal of complaint. A complaint may be withdrawn at any time. A request for withdrawal shall be in writing and shall be signed by the complainant or the complainant's duly authorized representative or attorney of record. Upon the filing of a request for withdrawal, the department shall dismiss the complaint by written order. Such dismissal shall be with prejudice unless otherwise expressly stated.
DWD 221.04
DWD 221.04 Preliminary review of complaints. DWD 221.04(1)(1)
Review of complaint. The department shall review every complaint filed to ascertain all of the following:
DWD 221.04(1)(c)
(c) Whether the complaint states a claim for which relief can be granted under the act.
DWD 221.04(2)
(2) Preliminary determination dismissing complaint. The department shall issue a preliminary determination dismissing any complaint, or any portion of a complaint, that fails to meet the requirements in
sub. (1). The department shall send the order of dismissal by first class mail to the last-known address of each party and to their attorneys of record.
DWD 221.04(3)
(3) Appeal of preliminary determination. A complainant may appeal from an order dismissing a complaint under
sub. (2) by filing a written request with the department. The appeal shall be filed within 20 days of the date of the order and shall state specifically the grounds upon which it is based. If a timely appeal is filed, the department shall serve a copy of the appeal upon all other parties. The matter shall be referred to the hearing section of the division for review by an administrative law judge. The administrative law judge shall issue a decision which shall either affirm, reverse, modify, or set aside the preliminary determination. The department shall serve the decision of the administrative law judge upon the parties. If the decision reverses or sets aside the preliminary determination, the complaint shall be remanded for investigation. If the decision affirms the preliminary determination, it 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).
DWD 221.04 History
History: Cr.
Register, September, 1994, No. 465, eff. 10-1-94;
CR 03-092: am. (2) and (3)
Register March 2004 No. 579, eff. 4-1-04.
DWD 221.05
DWD 221.05 Notice to respondents. 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.
DWD 221.05 History
History: Cr.
Register, September, 1994, No. 465, eff. 10-1-94.
DWD 221.06(1)
(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:
DWD 221.06(1)(a)
(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.
DWD 221.06(1)(b)
(b) Where the number or content of complaints against a specific respondent is sufficient to indicate that a pattern of unlawful discrimination may exist.
