Section DWD 218.05 - Preliminary review of complaints(1) REVIEW OF COMPLAINT. The department shall review every complaint filed to determine all of the following:(a) Whether the complainant is protected by the act.(b) Whether the respondent is subject to the act.(c) Whether the complaint states a claim for relief under the act.(d) Whether the complaint was filed within the time period set forth in the act, if that issue is raised in writing by the respondent.(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. (3) APPEAL OF PRELIMINARY DETERMINATION. The complainant may appeal from an order dismissing a complaint under sub. (2) by filing a written appeal 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 may be appealed to the labor and industry review commission if it is a final decision and order as defined in s. DWD 218.21(1).Wis. Admin. Code Department of Workforce Development § DWD 218.05
Cr. Register, June, 1995, No. 474, eff. 7-1-95; CR 03-092: am. (2) and (3) Register March 2004 No. 579, eff. 4-1-04.