DWD 220.04(4)(d)(d) A description and the address of the dwelling which is involved. DWD 220.04(4)(e)(e) A concise statement of the essential facts, including pertinent dates, constituting the alleged discriminatory housing practice. DWD 220.04(5)(5) Date of filing of complaint. A complaint is filed when it is received by the department in a form that reasonably meets the standards of sub. (4). DWD 220.04(6)(6) Date of filing of deferred complaint. A complaint which is deferred to the department by a federal or local fair housing agency with which the department has a worksharing agreement complies with the requirements of sub. (4) and is considered filed when received by the federal or local agency. DWD 220.04(7)(7) 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 been committed as alleged in the amended complaint. An amended complaint shall be dismissed if it does not meet the requirements of s. DWD 220.05 (1). DWD 220.04(8)(8) 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 A complaint may be withdrawn at any time.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 by 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 in the order. DWD 220.05DWD 220.05 Preliminary review of complaints. DWD 220.05(1)(1) Review of complaint. The department shall review every complaint filed to determine all of the following: DWD 220.05(1)(c)(c) Whether the complaint states a claim for which relief can be granted under the act. DWD 220.05(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 of 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 220.05(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 is the final decision of the department. The department shall send a copy of the decision and order and notice of appeal rights by first class mail to the last known address of each party and to their attorneys of record. DWD 220.05 HistoryHistory: 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 220.06(1)(1) Conditions under which testing may be done by the department. The department may engage in testing for the purpose of establishing violations of s. 106.50 (2), (2m) or (2r), Stats. by verifying allegations of unlawful housing discrimination 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 220.06(1)(a)(a) Where no other means exits 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 220.06(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. DWD 220.06(1)(c)(c) Where demographic statistics would lead a reasonable person to believe that a pattern of unlawful discrimination exists in a particular geographical area. DWD 220.06(2)(2) Testing procedures. Any person engaged in testing for the department shall do so only after having specific authorization by the department. The results of each test for potential discrimination shall be submitted to the department in written form by those persons who conducted the test. DWD 220.06(3)(3) Notice of testing. The department may not give notice of testing to the person who shall be tested. If the testing is undertaken as the result of a complaint naming a specific respondent, the department shall delay sending the notice of the complaint to the respondent until after the completion of the testing. DWD 220.06 HistoryHistory: Cr. Register, September, 1994, No. 465, eff. 10-1-94; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 2000, No. 540. DWD 220.07(1)(1) Conduct of investigation. Except as provided under sub. (2), the department shall investigate all complaints that satisfy the review under s. DWD 220.05 (1). In conducting investigations under this chapter, the department may seek the cooperation of all persons to provide requested materials to the department; to obtain access to premises, records, documents, individuals, and other possible sources of information; to examine, record, and copy necessary materials; and to take statements of persons reasonably necessary for the furtherance of the investigation. The department may subpoena persons or documents for the purpose of the investigation. Subpoenas may be enforced pursuant to s. 885.11, Stats. DWD 220.07(2)(2) Dismissal of complaint prior to completion of investigation. DWD 220.07(2)(a)(a) The department may dismiss a complaint prior to completion of an investigation under the following circumstances: