Section DWD 226.09 - 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 s. 103.11, Stats.(b) Whether the respondent is subject to s. 103.11, Stats.(c) Whether the complaint states a claim for relief under s. 103.11, Stats.(d) Whether the complaint was filed within the time period set forth in s. 103.11, Stats., 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, which fails to meet the requirements of sub. (1). The department shall send the order of dismissal by U.S. mail to the last known address of each party and to their attorneys of record. (3) APPEAL OF PRELIMINARY DETERMINATION.(a) A complainant may appeal from an order dismissing a complaint under sub. (2) by filing a written appeal with the department by mail, facsimile, email, or hand-delivery that satisfies all of the following:1. The appeal is filed within 10 days after the date of the order.2. The appeal states specifically the grounds upon which the appeal is based including evidence the complaint did, in fact, meet the requirements of sub. (1). (b) If a timely appeal is filed, the department shall serve a copy of the appeal upon all other parties by U.S. mail. The matter shall be referred to the bureau of hearings and mediation for review by an administrative law judge. The administrative law judge shall issue a decision to affirm, reverse, modify, or set aside the preliminary determination. The department shall serve the decision of the administrative law judge upon all 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, the decision may be subject to review in court if it is a final decision and order that may be appealed under s. DWD 226.25 (1).Wis. Admin. Code Department of Workforce Development DWD 226.09
Adopted by, CR 21-097: cr. Register June 2022 No. 798, eff. 7/1/2022