Wis. Admin. Code Department of Workforce Development DWD 279.12
The department shall refer each claim filed by an employee to the department of justice unless the claim is satisfied.
Wis. Admin. Code Department of Workforce Development DWD 279.12
The intent of this section is to provide for a prompt informal review of initial determinations. These decisions should not be subject to formal appeals because the determinations control only the contents of a case file referral to the department of justice. By providing that all unsatisfied claims are to be referred, this section preserves the right of any individual to take a claim to court under s. 109.07(4) (c), Stats., if the department of justice does not proceed with the referral within 120 days. An employer that opposes the department's determination will have an opportunity to present its arguments to the department of justice. If the department of justice proceeds in court, that will be a "de novo" proceeding.