SYLVESTER COLLINS, Complainant

MILWAUKEE TRANSPORT SERVICES INC, Respondent

The Equal Rights Division of the Department of Workforce Development issued an administrative law judge's (ALJ's) decision and order in the above-captioned matter on February 23, 2006. The ALJ's decision found no probable cause to believe the respondent had violated the WFEA by failing to hire or employ the complainant because of a disability or his race and dismissed the complainant's complaint.

Any respondent or complainant who is dissatisfied with the decision and order of an ALJ is required to file within 21 days from the date the ALJ's decision is mailed to the last known address of the parties a written petition with the Division for review by the commission. Wis. Stat. § 111.39(5); Wis. Admin. Code DWD § 218.21(2). The complainant's copy of the ALJ's decision was correctly mailed to his last known address.

Accordingly, the complainant had to file a written petition with the Division by no later than March 16, 2006, in order to obtain commission review of the ALJ's decision and order. The complainant's petition for review was not filed with the Division until March 24, 2006.

The case file shows that when the complainant had not filed a petition for review by March 16, that on March 17, 2006, the Division sent a letter to the parties stating that it had closed the case because a timely petition for review had not been received.

However, the case file further contains a note by Tagumpay Stoll of the Equal Rights Division which indicates that on March 21 the complainant called asking why the ERD was closing his case and stating that the decision he received did not have a Notice of Appeal Rights letter regarding review by LIRC. The Notice of Appeal Rights letter contains information that a petition for review must be received by the ERD within 21 days from the date of the ALJ's decision, or the decision will become final. Stoll's note further indicates that she told the complainant to write a letter and send a copy of the decision that he had received.

Thereafter, on March 24, 2006, the complainant's petition for review was received at the Division. While the complainant's petition for review does not contain a copy of the decision that he apparently has asserted failed to contain a Notice of Appeal Rights letter or make any reference to the issue regarding the timeliness of his petition, the commission believes that this issue should be scheduled for a hearing before the Division.

Accordingly, the Labor and Industry Review Commission hereby issues the following:

This matter is remanded to the Equal Rights Division for a hearing and determination with respect to the complainant's assertion that the copy of the administrative law judge's decision mailed to him did not contain a Notice of Appeal Rights letter.

Dated and mailed April 14, 2006
collisy2 . rpr : 125 : 9 

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

cc: Attorney Warren E. Buliox

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uploaded 2006/04/17