DWD 223.10 History
History: CR 06-062: cr. Register November 2006 No. 611, eff. 12-1-06. DWD 223.11(1)
(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.
DWD 223.11(2)
(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.
DWD 223.11 History
History: CR 06-062: cr. Register November 2006 No. 611, eff. 12-1-06. DWD 223.12(1)
(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.
DWD 223.12(2)
(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.
DWD 223.12 History
History: CR 06-062: cr. Register November 2006 No. 611, eff. 12-1-06. DWD 223.13
DWD 223.13 Pre-hearing conference. 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.
DWD 223.13 History
History: CR 06-062: cr. Register November 2006 No. 611, eff. 12-1-06. DWD 223.14(1)
(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.
DWD 223.14(2)
(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.
DWD 223.14(3)
(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.
DWD 223.14(4)
(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.
DWD 223.14(5)
(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).
DWD 223.14 History
History: CR 06-062: cr. Register November 2006 No. 611, eff. 12-1-06. DWD 223.15(1)
(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.
DWD 223.15(2)
(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.
DWD 223.15 History
History: CR 06-062: cr. Register November 2006 No. 611, eff. 12-1-06. DWD 223.16
DWD 223.16 Disqualification of the administrative law judge. 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.
DWD 223.16 History
History: CR 06-062: cr. Register November 2006 No. 611, eff. 12-1-06. DWD 223.17(1)
(1)
Procedure. Hearings shall be conducted in conformity with the act and the provisions of
ch. 227, Stats.
DWD 223.17(2)
(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.
DWD 223.17(3)
(3) Appearance of parties. Parties may appear at the hearing in person and by counsel or other representative.
DWD 223.17(4)
(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.
DWD 223.17 History
History: CR 06-062: cr. Register November 2006 No. 611, eff. 12-1-06. DWD 223.18(1)
(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.
DWD 223.18(2)
(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.
DWD 223.18(3)
(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.
DWD 223.18 History
History: CR 06-062: cr. Register November 2006 No. 611, eff. 12-1-06. DWD 223.19(1)
(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.
DWD 223.19(2)
(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).
DWD 223.19(3)
(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.
DWD 223.19 History
History: CR 06-062: cr. Register November 2006 No. 611, eff. 12-1-06. DWD 223.20(1)
(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.
DWD 223.20(2)
(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.
DWD 223.20 History
History: CR 06-062: cr. Register November 2006 No. 611, eff. 12-1-06. DWD 223.21
DWD 223.21 Pay status and witness fees for state employee parties and state employee witnesses. DWD 223.21(1)(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.
DWD 223.21(2)
(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.
DWD 223.21(3)
(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).
DWD 223.21 History
History: CR 06-062: cr. Register November 2006 No. 611, eff. 12-1-06. DWD 223.22
DWD 223.22 Filing of documents by facsimile transmission or electronic mail. DWD 223.22(1)(a)(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:
DWD 223.22(1)(a)2.
2. The individual to whom the transmission is directed, if that individual is known.
DWD 223.22(1)(b)
(b) The date of transmission recorded by the division's facsimile machine shall constitute the date of filing of a document under this section, except that documents filed by facsimile after the regular business hours of the division as established by s.
230.35 (4) (f), Stats., or on a day when the offices of the division are closed pursuant to s.
230.35 (4) (a), Stats., shall be considered filed on the next business day of the division.
DWD 223.22(2)
(2) Filing of documents by electronic mail. Documents may be filed by electronic mail only if expressly authorized by the equal rights officer or the administrative law judge assigned to the case.
DWD 223.22 History
History: CR 06-062: cr. Register November 2006 No. 611, eff. 12-1-06.
