Section 220.06. Testing.

 

(1)   Conditions under which testing may be done by the department. The department may engage in testing for the purpose of establishing violations of s. 106.50 (2) , (2m) or (2r) , Stats. by verifying allegations of unlawful housing discrimination or to determine whether sufficient evidence exists to initiate its own complaint. Testing may occur under circumstances including but not limited to the following:

(a) Where no other means exits for verifying or refuting the allegations contained in a complaint, or where the findings of the investigator would be significantly strengthened by the inclusion of test results.

(b) Where the number or content of complaints against a specific respondent is sufficient to indicate that a pattern of unlawful discrimination may exist.

(c) Where demographic statistics would lead a reasonable person to believe that a pattern of unlawful discrimination exists in a particular geographical area.

(2)   Testing procedures. Any person engaged in testing for the department shall do so only after having specific authorization by the department. The results of each test for potential discrimination shall be submitted to the department in written form by those persons who conducted the test.

(3)   Notice of testing. The department may not give notice of testing to the person who shall be tested. If the testing is undertaken as the result of a complaint naming a specific respondent, the department shall delay sending the notice of the complaint to the respondent until after the completion of the testing.

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