Cal. Civ. Code § DWD 220.05
Preliminary review of complaints.
Operative Text
DWD 220.05 Preliminary review of complaints. (1) Review of complaint. The department shall review every complaint filed to determine all of the following: (a) Whether the complainant is protected by the act. (b) Whether the respondent is subject to the act. (c) Whether the complaint states a claim for which relief can be granted under the act. (d) Whether the complaint was timely filed. (2) Preliminary determination dismissing complaint. The department shall issue a preliminary determination dismissing any complaint, or any portion of a complaint, that fails to meet the requirements of sub. (1). The department shall send the order of dismissal by first class mail to the last-known address of each party and to their attorneys of record. (3) Appeal of preliminary determination. A complainant may appeal from an order dismissing a complaint under sub. (2) by filing a written request with the department. 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 department 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 which shall either affirm, reverse, modify, or set aside the preliminary determination. The department shall serve the decision of the administrative law judge upon the parties. If the decision reverses or sets aside the preliminary determination, the complaint shall be remanded for investigation. If the decision affirms the preliminary determination, it is the final decision of the department. The department shall send a copy of the decision and order and notice of appeal rights by first class mail to the last known address of each party and to their attorneys of record.
Wisconsin Administrative Code § DWD 220.05 establishes a preliminary screening process that the Department of Workforce Development (DWD) must apply to every complaint filed under the relevant act. The department checks four threshold questions — whether the complainant is protected, whether the respondent is covered, whether the complaint states a valid claim, and whether it was filed on time. Complaints that fail any of these criteria are dismissed, but the rule also creates a formal appeal pathway through which a complainant can seek review by an administrative law judge.
Plain English — not legal advice.
Under § DWD 220.05, a respondent named in a complaint will receive notice of any preliminary dismissal order by first-class mail at their last-known address. Operators who are subject to a complaint should ensure their contact information and attorney-of-record details are current with the department so that any orders or decisions reach them promptly. If a dismissal is reversed or set aside on appeal, the complaint proceeds to investigation, so respondents benefit from staying informed at every stage of the process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § DWD 220.05 gives complainants a structured right to challenge a preliminary dismissal: a written appeal must be filed with the department within 20 days of the dismissal order and must specifically state the grounds for the appeal. If the appeal is timely, an administrative law judge reviews the matter and can affirm, reverse, modify, or set aside the dismissal; a reversal sends the complaint forward for investigation. Tenants who receive a dismissal order may want to consult a tenant-rights organization or legal aid office to understand whether the grounds for appeal apply to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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