Disposition of investigation

(1) Upon completion of an investigation, the director may do one or more of the following: (a) Dismiss the matter for lack of sufficient evidence of cause to proceed. (b) Divert the matter to an alternatives to discipline program as provided in SCR 22.10. (c) Obtain the respondent's consent to the imposition of a public or private reprimand and proceed under SCR 22.09. 163 (d) Present the matter to the preliminary review committee for a determination that there is cause to proceed in the matter. (e) With the mutual consent of the attorney and the director to waive presentation of the matter to the preliminary review committee, proceed in any manner authorized by SCR 22.08(2). (2) If the director dismisses the matter under sub. (1), the director shall provide to the grievant written notice of the decision to dismiss, accompanied by a brief written statement of reasons for the director's decision. The notice shall inform the grievant that the grievant may obtain review by a preliminary review panel of the director's dismissal of a matter under sub. (1) by submitting to the director a written request. The request for review must be received by the director within 30 days after the date of the letter notifying the grievant of the dismissal. The director shall send the request to the chairperson of the preliminary review committee, who shall assign it to a preliminary review panel. Upon a timely request by the grievant for additional time, the director shall report the request to the chairperson of the preliminary review committee, who may extend the time for submission of additional information relating to the request for review. (3) The preliminary review panel may affirm the dismissal or, if it determines that the director has exercised the director's discretion erroneously, refer the matter to the director for further investigation. A majority vote of the panel is required to find that the director has exercised discretion erroneously. The panel's decision is final, and there shall be no review of the panel's decision. The chairperson of the preliminary review committee shall notify the grievant and the respondent in writing of the panel's decision.