ETH 21.02(8)(q)(q) An official required to file as defined by s. 19.42 (10), Stats.
ETH 21.02(8)(r)(r) A state public official as defined by s. 19.42 (14), Stats.
ETH 21.02(8)(s)(s) Any other person as defined by s. 990.01 (26), Stats.
ETH 21.02(9)(9)“Probable cause” means the facts, circumstances, and reasonable inferences that together are sufficient to justify a reasonable, prudent person, acting with caution, to believe that the matter asserted is probably true.
ETH 21.02(10)(10)“Reasonable suspicion” means specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant further investigation.
ETH 21.02(11)(11)“Respondent” means a person alleged to have committed a violation of ch. 11, subch. III of ch. 13, or subch. III of ch. 19, Stats., by a complainant.
ETH 21.02(12)(12)“Staff counsel” means an employee of the commission designated by the administrator to serve as legal counsel of the commission pursuant to s. 19.47 (2), Stats.
ETH 21.02(13)(13)“Sufficient allegations” means allegations of fact and reasonable inferences drawn from those allegations that, if proven, would satisfy each element of the applicable law.
ETH 21.02 HistoryHistory: CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23; correction in (1), (11) made under s. 35.17, Stats., Register July 2023 No. 811.
ETH 21.03ETH 21.03Receipt and preliminary review of complaints.
ETH 21.03(1)(1)Complaint form and contents. A complaint shall be filed in writing. The complaint, together with all attachments shall not exceed 10 pages without prior approval of the administrator. A complaint shall include all of the following:
ETH 21.03(1)(a)(a) The full name and address of the complainant.
ETH 21.03(1)(b)(b) The full name and address of the respondent against whom the complaint is filed. If multiple persons are alleged to have committed a violation, a complainant shall file a separate complaint for each respondent.
ETH 21.03(1)(c)(c) An allegation of a violation of ch. 11, subch. III of ch. 13, or subch. III of ch. 19, Stats.
ETH 21.03(1)(d)(d) A concise statement of the facts supporting each alleged violation that differentiates between statements based on personal knowledge and those based on information and belief. Statements not based on personal knowledge shall identify the source of the information.
ETH 21.03(1)(e)(e) Citation to any legal authority which the complainant relies on in support of their complaint. Citations to cases shall include a public domain cite, if available. Citations shall also include page or paragraph numbers, if appropriate.
ETH 21.03(1)(f)(f) Any relevant documentation supporting the allegations, if available.
ETH 21.03(1)(g)(g) The notarized signature of the complainant, the complainant’s attorney, or other authorized person filing the complaint on behalf of the complainant.
ETH 21.03(1)(h)(h) If a complaint is filed by an attorney or other authorized person on behalf of the complainant, the attorney or other authorized person shall include a notice of representation that includes the name and address of the attorney or other authorized person.
ETH 21.03(2)(2)Preliminary review. The administrator shall conduct a preliminary review of each complaint filed with the commission and shall dismiss a complaint or the relevant portion of a complaint if it does not comply with sub. (1) or if any of the following applies:
ETH 21.03(2)(a)(a) The complainant does not file the complaint within the time period specified by s. 19.49 (2) (f), Stats.
ETH 21.03(2)(b)(b) The commission does not have jurisdiction over the violation alleged.
ETH 21.03(2)(c)(c) The complaint does not contain sufficient allegations to establish that a violation of ch. 11, subch. III of ch. 13, or subch. III of ch. 19, Stats., has potentially occurred.
ETH 21.03(3)(3)Notice of dismissals. The administrator shall inform the commission of each complaint that was dismissed under sub. (2) since its last meeting.
ETH 21.03 HistoryHistory: CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.
ETH 21.04ETH 21.04Acknowledgement and notice of complaints. After preliminary review of a complaint under s. ETH 21.03 (2), but within 5 calendar days of receipt of the complaint, the administrator shall:
ETH 21.04(1)(1)Send a written notice to the complainant that provides all of the following:
ETH 21.04(1)(a)(a) An acknowledgement that the commission received the complaint.
ETH 21.04(1)(b)(b) A notice if the complaint or any portion of the complaint was dismissed under s. ETH 21.03 (2).