STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

REBECCA S. HILL, Complainant

NESTLE CHOCOLATE AND CONFECTIONS, Respondent

FAIR EMPLOYMENT DECISION
ERD Case No. 199603648, EEOC Case No. 26G962034

An administrative law judge (ALJ) for the Equal Rights Division of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

DECISION

The decision of the administrative law judge (copy attached) is affirmed.

Dated and mailed: July 15, 1997
hillreb.rsd : 125 :

/s/ Pamela I. Anderson, Chairman

/s/ David B. Falstad, Commissioner

MEMORANDUM OPINION

On May 12, 1997, ALJ Larry Jakubowski sent a certified letter to the complainant inquiring whether or not she intended to appear for her hearing, which was scheduled for July 18, 1997. The ALJ's letter advised the complainant that if she did not contact him within 20 days of the date of his letter, that her case would be dismissed for failure to respond, pursuant to Wis. Stat. § 111.39(3).

In a decision issued on June 13, 1997, the ALJ dismissed the complainant's complaint for failing to respond to his May 12, 1997 certified letter.

In her petition for review the complainant acknowledges receiving the ALJ's letter, and asserts that she did intend to respond before it was too late. Apparently, the complainant's explanation for failing to respond to the ALJ's certified letter is that she was "totally devastated" by her son's incarceration, which had occurred some time after April 15, causing her to put off and forget a lot of things she needed to do.

Pursuant to Wis. Stat. § 111.39(3), however, the ALJ's dismissal of the complainant's case must be affirmed. This statute provides as follows:

"The department shall dismiss a complaint if the person filing the complaint fails to respond within 20 days to any correspondence from the department concerning the complaint and if the correspondence is sent by certified mail to the last-known address of the person." (emphasis added)

The ALJ's certified letter clearly informed the complainant that she had to respond within 20 days or her case would be dismissed. The statute provides no exceptions for a failure to timely respond. Under this statute dismissal of the complainant's complaint is mandatory.

cc: Stanley S. Jaspan

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