Wis. Admin. Code Department of Workforce Development DWD 226.06 - Complaints
(1) WHO MAY FILE A COMPLAINT. A complaint may
be filed by any person or by the person's duly authorized representative. A
complaint filed by a representative shall state that the representative is
authorized to file the complaint.
(2) WHERE TO FILE COMPLAINT.
(a) A complaint may be filed on the
department's website or filed in person or by mail, facsimile transmission, or
email to the office of the department's equal rights division.
(b) A complaint filed by facsimile
transmission shall conform with the requirements of s. DWD 226.26 (1).
Note: The offices of the department's equal rights division are at the following addresses:
1. Equal Rights Division, 201 East Washington
Avenue, Madison, WI 53703; PO Box 8928, Madison, WI 53708. Facsimile:
608-327-6001. Email address: ERInfo@dwd.wisconsin.gov.
2. Equal Rights Division, 819 North 6th
Street, Milwaukee, WI 53203. Facsimile: 414-227-4084. Email address:
ERInfo@dwd.wisconsin.gov. Access to the division's Milwaukee office is on the
7th Street side of the building.
(3) CONTENT OF COMPLAINT. A complaint shall
be submitted on a form provided by the department and signed by the person
filing the complaint or by the person's duly authorized representative. The
signature constitutes an acknowledgment that the party or the representative
has read the complaint; that to the best of that person's knowledge,
information, and belief the complaint is true and correct; and that the
complaint is not being used for any improper purpose, such as to harass the
party against whom the complaint is filed. Complaints filed on the department's
website shall be acknowledged using the certification method required in the
instructions on the website. The complaint shall contain all of the following
information:
(a) The name and address of the
complainant.
(b) The name and
address of the respondent.
(c) A
concise statement of the facts, including pertinent dates, constituting the
alleged prohibited action.
(4) ASSISTANCE BY THE DEPARTMENT. The
department shall, upon request, provide appropriate assistance in completing
and filing complaints.
(5)
AMENDMENT OF COMPLAINT. A complaint may be amended, subject to the approval of
the department, except that a complaint may not be amended less than 10 days
before hearing or by a date established by the administrative law judge unless
good cause is shown for the failure to amend the complaint before that time. If
the complaint is amended before the issuance of an initial determination, the
department shall investigate the allegations of the amended complaint. After an
initial determination has been issued, amendments may be allowed by the
administrative law judge only for claims which relate back to the original
complaint for statute of limitation purposes. If an amendment is approved after
the case has been certified to hearing, the case may be remanded to the bureau
of investigations to conduct an investigation and issue an initial
determination as to whether probable cause exists to believe that the
respondent has violated s.
103.11,
Stats., as alleged in the amended complaint or continue to hearing if both
parties agree to proceed to hearing with the issues in the amended complaint.
An amended complaint shall be dismissed if it does not meet the requirements of
s. DWD 226.09 (1).
(6) WITHDRAWAL
OF COMPLAINT. A complaint may be withdrawn at any time. A request for a
withdrawal shall be in writing and shall be signed by the complainant or by the
complainant's duly authorized representative. Upon the filing of a request for
a withdrawal, the department shall dismiss the complaint by written order. Such
dismissal shall be with prejudice unless otherwise expressly stated in the
order.
Notes
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