Wis. Admin. Code Department of Workforce Development DWD 224.02

Current through October 28, 2024

Section DWD 224.02 - Definitions

When used in this chapter:

(1) "Administrative law judge" means the examiner appointed to conduct hearings under subch. III of ch. 230, Stats.

(2) "Appointing authority" has the meaning given in s. 230.80(1m), Stats.

Note: Section 230.80(1m), Stats., provides that "appointing authority" means "the chief officer of any governmental unit unless another person is authorized to appoint subordinate staff by the constitution or any law."

(3) "Complainant" means the employee who files a complaint alleging that an action prohibited by subch. III of ch. 230, Stats., has been committed.

(4) "Day" means a calendar day, except that if the last day of the time period is a Saturday, Sunday, or legal holiday, the last day shall be the next business day.

(5) "Division" means the equal rights division of the department of workforce development.

(6) "Employee" has the meaning given in s. 230.80(3), Stats.

Note: Section 230.80(3), Stats., provides that "employee" means "any person employed by any governmental unit except:

(a) A person employed by the office of the governor, the courts, the legislature or a service agency under subch. IV of ch. 13.

(b) A person who is, or whose immediate supervisor is, assigned to an executive salary group or university senior executive salary group s. 20.923."

(7) "Filing" means the physical receipt of a document.

(8) "Governmental unit" has the meaning given in s. 230.80(4), Stats.

Note: Section 230.80(4), Stats., provides that "governmental unit" means "any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. `Governmental unit' does not mean any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions."

(9) "Probable cause" means a reasonable ground for belief, supported by facts and circumstances strong enough in themselves to warrant a prudent person to believe, that a violation of subch. III of ch. 230, Stats., probably has been or is being committed.

(10) "Respondent" means the appointing authority, agent of an appointing authority, supervisor, or governmental unit alleged to have committed an action prohibited by subch. III of ch. 230, Stats.

(11) "Retaliatory action" has the meaning given in s. 230.80(8), Stats.

Note: Section 230.80(8), Stats., provides that "retaliatory action' means "a disciplinary action take because of any of the following:

(a) The employee lawfully disclosed information under s. 230.81 or filed a complaint under s. 230.85(1).

(b) The employee testified or assisted or will testify or assist in any action or proceeding relating to the lawful disclosure of information under s. 230.81 by another employee.

(c) The appointing authority, agent of an appointing authority or supervisor believes the employee engaged in any activity described in par. (a) or (b)."

(12) "Service of the complaint upon the respondent" under s. 230.85(2), Stats., means mailing of the complaint to the respondent.

(13) "Unanimous vote" as it is used in s. 230.85(3) (b), Stats., means the decision of the administrative law judge.

Wis. Admin. Code Department of Workforce Development DWD 224.02

CR 03-092: cr. Register March 2004 No. 579, eff. 4-1-04.