Section 221.21. Decision and order.

 

(1)   General. After the close of the hearing, including any briefs which may be allowed by the administrative law judge, the administrative law judge shall prepare a formal written decision which shall include findings of fact, conclusions of law and an order, and which may be accompanied by an opinion.

(2)   Decision and order after hearing on the issue of probable cause. After a hearing on the issue of probable cause, the administrative law judge shall issue a written decision and order which dismisses the allegations of the complaint or which orders the matter scheduled for a hearing on the merits, depending upon the administrative law judge's findings and conclusions on the issue of probable cause. If the decision of the administrative law judge concludes that there is probable cause, the matter shall be certified for a hearing on the merits. If the decision of the administrative law judge determines that no probable cause exists, a certified copy of the decision and order and a notice of appeal rights shall be sent by first class mail to the last known address of each party and to their attorneys of record. A decision and order finding no probable cause may be appealed to the labor and industry review commission if it is a final decision and order as defined in s. DWD 221.22 (1) .

(3)   Decision and order after hearing on the merits. After a hearing on the merits, the administrative law judge shall issue a decision and an order which will either dismiss the allegations of the complaint or shall order such action by the respondent as will effectuate the purposes of the act, depending upon the administrative law judge's findings and conclusions on the merits of the complaint. A certified copy of the decision and order shall be sent by first class mail to the last known address of each party and to their attorneys of record.

History: Cr. Register, September, 1994, No. 465 , eff. 10-1-94.