Section 220.11. Charge of discrimination.

 

(1)   When charge shall be issued. If the department makes an initial determination that there is probable cause to believe that housing discrimination occurred as alleged in the complaint, or if it issues a decision finding probable cause after a hearing, it shall issue a charge on behalf of the complainant and shall refer the charge to the attorney general as required by s. 106.50 (6) (c) 2. , Stats. The charge may be incorporated into an initial determination finding probable cause under s. DWD 220.08 (2) or into a decision of an administrative law judge finding probable cause under s. DWD 220.23 (1) .

(2)   Exception if civil trial has commenced. The department shall not issue a charge under this section if it has been informed, in writing, that an aggrieved person has commenced a civil action in court under the federal fair housing act, 42 USC 3613 , or the Wisconsin open housing law, s. 106.50 (6m) , Stats., seeking relief with respect to the alleged discriminatory housing practice, and that the trial in the action has begun. If a charge may not be issued because of the commencement of such a trial, the department shall dismiss the complaint. The department shall notify the parties of the dismissal of the complaint by first class mail.

History: Cr. Register, September, 1994, No. 465 , eff. 10-1-94; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 2000, No. 540 ; CR 06-062 : am. (1) Register November 2006 No. 611 , eff. 12-1-06 .