Section 225.12. Appeal of initial determination of no probable cause.

 

(1)   When filed. Within 10 days after the appeal of an initial determination finding that there is no probable cause, a complainant may file a written request for a hearing on the issue of probable cause. The request for hearing shall state specifically the grounds upon which the appeal is based. The department shall notify the respondent that an appeal has been filed within 10 days of receiving the appeal.

(2)   Dismissal final if no appeal filed. If no timely written request for a hearing is filed, the initial determination's order of dismissal shall be the final determination of the department.

(3)   Certification to hearing on issue of probable cause; right to stipulate that case be decided on merits. If a timely appeal is filed, the division shall issue a notice certifying the matter to hearing. A hearing on the issue of probable cause shall be noticed and conducted in accordance with the provisions of ss. DWD 225.15 and 225.17 to 225.24 , except that the parties may stipulate prior to the hearing that the administrative law judge may decide the case on the merits. If a hearing on the issue of probable cause is requested in a case in which the initial determination also found probable cause with respect to one or more issues, the department may, with the consent of the parties, consolidate the hearing on probable cause and the hearing on the merits.

Cr. Register, November, 1989, No. 407 , eff. 12-1-89; corrections in (1) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484 ; CR 03-092 : r. and recr. Register March 2004 No. 579 , eff. 4-1-04; CR 06-062 : am. (3) Register November 2006 No. 611 , eff. 12-1-06 .