DWD 221.13(1)(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. DWD 221.13(2)(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. DWD 221.13 HistoryHistory: Cr. Register, September, 1994, No. 465, eff. 10-1-94. DWD 221.14(1)(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. DWD 221.14(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 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. DWD 221.15DWD 221.15 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 221.15 HistoryHistory: Cr. Register, September, 1994, No. 465, eff. 10-1-94. DWD 221.16(1)(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. DWD 221.16(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 221.16 HistoryHistory: Cr. Register, September, 1994, No. 465, eff. 10-1-94. DWD 221.17(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 221.17(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 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. DWD 221.17(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 221.17(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 221.17(5)(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). DWD 221.17 HistoryHistory: Cr. Register, September, 1994, No. 465, eff. 10-1-94; CR 03-092: am. (2) and (4) Register March 2004 No. 579, eff. 4-1-04. DWD 221.18DWD 221.18 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 221.18 HistoryHistory: Cr. Register, September, 1994, No. 465, eff. 10-1-94. DWD 221.19(1)(1) Procedure. Hearings shall be conducted in conformity with the act and the provisions of ch. 227, Stats. DWD 221.19(2)(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. DWD 221.19(3)(3) Appearance of parties. Parties may appear at the hearing in person and by counsel or other representative. DWD 221.19(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 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. DWD 221.19 HistoryHistory: Cr. Register, September, 1994, No. 465, eff. 10-1-94. DWD 221.20(1)(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. DWD 221.20(2)(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. DWD 221.20(3)(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. DWD 221.21(1)(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. DWD 221.21(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 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). DWD 221.21(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 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. DWD 221.21 HistoryHistory: Cr. Register, September, 1994, No. 465, eff. 10-1-94. DWD 221.22DWD 221.22 Petition for review by the labor and industry review commission. DWD 221.22(1)(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. DWD 221.22(2)(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. DWD 221.22 HistoryHistory: Cr. Register, September, 1994, No. 465, eff. 10-1-94; CR 03-092: am. (1) Register March 2004 No. 579, eff. 4-1-04. DWD 221.23DWD 221.23 Filing of documents by facsimile transmission or electronic mail. DWD 221.23(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 221.23(1)(a)2.2. The individual to whom the transmission is directed, if that individual is known. DWD 221.23(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 221.23(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 221.23 HistoryHistory: CR 06-062: cr. Register November 2006 No. 611, eff. 12-1-06.
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Chs. DWD 218-226; Civil Rights
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