Section 2.06. Complaints against associations.

 

(1)   Where to complain. Any person with a complaint against an association who has been unable to satisfactorily resolve it after discussing it with the management of the association involved may complain to the division in writing.

(2)   Contents of written complaints. Written complaints to the division shall contain:

(a) The name and address of the complainant.

(b) The name of the association and the person complained of or involved or both.

(c) A concise statement of the facts underlying the complaint.

(d) A statement of the specific action requested of the association.

(e) If the complainant has discussed the matter with a representative of the association, the dates of any discussions and name of the representatives.

(3)   Procedure upon receipt of a written complaint.

(a) If the respondent is an association which has formed a board with other financial institutions to hear complaints, the division may refer the complaint to that board, if no officer, director or employe of the association being complained about participates as a member of the board in processing the complaint. If there is no such board, or if after using it the complainant or the respondent seeks further aid from the division, the division shall investigate the complaint.

(b) Upon receiving a written complaint, the division shall determine whether additional information is needed and if so, request it. The division may send a copy of the complaint to the chief executive officer of the association complained about and request additional facts and the association's reply.

(c) If after the investigation under pars. (a) and (b) , the division finds probable cause to believe that there has been a violation of an administrative rule or of any provision of ch. 215 , Stats. , the division shall immediately endeavor to correct the probable violation by conference, conciliation, persuasion or order. If the division determines that the association has corrected the alleged violation, it shall dismiss the complaint and so notify the parties. However, if the division determines that efforts at resolution have been unsuccessful, it may hold a hearing on the complaint. After the hearing, the division shall issue written findings of fact and conclusions of law, and may make such orders as it deems just, reasonable and appropriate.

(d) If after investigation the division finds no probable cause or refers the complaint for action by another person or agency for action, it shall so notify the complainant and the association.

History: Cr. Register, June, 1989, No. 402 , eff. 7-1-89.