CLIFTON KEELER, Complainant

SBC/AMERITECH, Respondent

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.

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

Dated and mailed November 29, 2002
keelecl . rsd : 164 : 9

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

/s/ Laurie R. McCallum, Commissioner

In his petition for commission review the complainant argues that he never received the certified letter from the administrative law judge. However, the file indicates that the letter was sent by certified mail to the complainant at 5622 N. 65th St. Apt. 1, Milwaukee, WI 53218, his most recent address of record. The United States Postal Service provided the complainant with notice of the certified letter on three occasions, September 17, September 24, and October 2, 2002, but the letter went unclaimed. It was returned to the department on October 7, 2002. The law requires dismissal of the case if the complainant fails to respond within 20 days to correspondence from the department concerning the complaint which is sent by certified mail to his last known address. See Wis. Stat. § 111.39(3). This provision is mandatory, and applies even where the complainant failed to claim his mail. Accordingly, the dismissal of the complaint is affirmed.

cc: Attorney Laurie A. Petersen

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uploaded 2002/12/09