Reconsideration of refusal to draft a certified complaint or file a charge; request; hearing

Rule 7. (1) A claimant may request that the department reconsider its refusal to draft a certified complaint or its refusal to file a charge. The request must be in writing, state specifically the grounds that it is based on, and be filed within 30 days after the date of mailing of the summary of complaint or notice of disposition. The request must be filed at any office of the department by personal delivery, email, or by mail. (2) Reconsideration of a refusal to draft a certified complaint must address all of the following: (a) Whether the request for reconsideration is timely filed. (b) Whether the allegations are jurisdictional. (c) Whether there is relevant evidence. (3) Reconsideration of a refusal to file a charge must address the following criteria: (a) Whether the request for reconsideration is timely filed. (b)Whether an adequate investigation was conducted. (c) Whether there is new probative evidence that may change the result of the investigation. (d) Whether the determination was made in error. (4) The department may authorize a hearing on the request for reconsideration or its refusal to file a charge at a time and place before the hearing officer as the department or the director may determine, and notice must be given to all parties to the proceedings by mail, electronic service, or by other means as is reasonably calculated to give actual notice. (5) The parties may appear in person or by counsel, present witnesses and testimony, and examine and cross-examine witnesses. Verbatim stenographic notes of the proceedings must be made and maintained by a competent reporter. The hearing officer shall report to the commission on the proceedings. The commission shall determine whether the department shall consider the matter further, and notify all parties mail or electronic service, or by other means as is reasonably calculated to give actual notice, and issue instructions for appropriate action based the determination.

History: 1979 AC; 2023 AACS; 2026 MR 6, Eff. March 12, 2026.