Section 224.07. Investigations.

 

(1)   Conduct of investigation. Except as provided in sub. (3) , the division shall investigate all complaints that satisfy the review under s. DWD 224.06 . In conducting investigations under this chapter, the division may seek the cooperation of all persons to provide requested materials to the division; to obtain access to premises, records, documents, individuals, and other possible sources of information; to examine, record, and copy necessary materials; and to take statements of persons reasonably necessary for the furtherance of the investigation. In scheduling interviews with state employees, the division may consider the programmatic needs of the appointing authority. The division may subpoena persons or documents for the purpose of the investigation. Subpoenas may be enforced pursuant to s. 885.11 , Stats.

(2)   Advising complainant to amend complaint. If, during an investigation, it appears that the respondent has engaged in retaliatory action against the complainant that is not alleged in the complaint, the division may advise the complainant that the complaint should be amended.

(3)   Dismissal of complaint prior to completion of investigation.

(a) The division may dismiss a complaint prior to completion of an investigation under the following circumstances:

1. The complainant has failed to respond to correspondence from the division concerning the complaint within 20 days after the correspondence was sent by certified mail to the last-known address of the person filing the complaint.

2. The complainant signed a valid waiver and release of claims arising out of the complainant's employment with the respondent which would preclude the division from finding that the respondent has violated subch. III of ch. 230 , Stats.

3. The allegations in the complaint have been previously dismissed by the division.

(b) A complainant may appeal from an order dismissing a complaint under this subsection by filing a written appeal with the division. The appeal shall be filed within 20 days of the date of the order and shall state specifically the grounds upon which it is based. If a timely appeal is filed, the division shall serve a copy of the appeal upon all other parties. The matter shall be referred to the hearing section of the division for review by an administrative law judge. The administrative law judge shall issue a decision that shall either affirm, reverse, modify, or set aside the dismissal of the complaint. The decision of the administrative law judge shall be served upon the parties. If the decision reverses or sets aside the dismissal, the complaint shall be remanded for further investigation. If the decision affirms the dismissal of the complaint, it is subject to judicial review under ch. 227 , Stats. , if it is a final decision and order as defined in s. DWD 224.22 (1) .

History: CR 03-092 : cr. Register March 2004 No. 579 , eff. 4-1-04.