Chapter DWD 223

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 DWD 223.18 Record of hearing.

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 DWD 223.19 Decision and order.

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 DWD 223.20 Appeal rights.

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) (1) Filing of documents by facsimile transmission.

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)1. 1. The name of the sender.

DWD 223.22(1)(a)2. 2. The individual to whom the transmission is directed, if that individual is known.

DWD 223.22(1)(a)3. 3. The number of pages being transmitted, including the cover sheet.

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.