Wis. Admin. Code Personnel Commission PC 1.02

Current through October 28, 2024

Section PC 1.02 - Definitions

In the commission's rules:

(1) "Agency" means an association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law.

(2) "Appeal" means a written request for relief filed with the commission and relating to one or more employment actions where the statutory basis for review does not provide for the commission to conduct an investigation.

Note: This definition includes actions filed under s. 230.45(1) (a) and (d), Stats., and grievances filed under s. 230.45(1) (c), Stats.

(3) "Appellant" means a person who, alone or with others, has filed an appeal.

(4) "Case" means a complaint or an appeal.

(5) "Chairperson" means the chairperson of the commission.

(6) "Commission" means the personnel commission.

(7) "Commissioner" means a member of the commission.

(8) "Complainant" means a person who, alone or with others, has filed a complaint.

(9) "Complaint" means a written request for relief filed with the commission and relating to one or more employment actions where the statutory basis for review provides for the commission to conduct an investigation.

Note: This definition includes actions filed under s. 230.45(1) (b), (g), (gm) and (j), and s. 103.10(12), Stats., which include fair employment act discrimination including fair employment act retaliation and claims of unfair genetic or honesty testing, public employee safety and health retaliation, "whistleblower" retaliation, discrimination for elder abuse reporting, and family or medical leave act claims.

(10) "Filing" means the physical receipt of a document at the commission's office.

(11) "Hearing examiner" means the person designated by the commission pursuant to s. 227.46(1), Stats., to preside over an administrative hearing.

(12) "Meeting" means a convening of the commissioners that falls within the definition set forth in s. 19.82(2), Stats.

(13) "Party" means a petitioner or a respondent.

(14) "Petitioner" means an appellant or a complainant.

(15) "Presiding authority" means the hearing examiner or, where the hearing is before the commission as a whole, the commissioners.

(16) "Probable cause" means a reasonable ground for belief, supported by facts and circumstances strong enough in themselves to warrant a prudent person to believe that a violation probably has been or is being committed as alleged in the complaint.

(17) "Respondent" means the person or state agency whose interests are adverse to those of the petitioner or who will be directly affected by the commission's decision.

(18) "Representative" means an attorney or any other agent of a party who has been authorized by the party to provide representation before the commission, where authorized by law.

Wis. Admin. Code Personnel Commission PC 1.02

Cr. Register, March, 1980, No. 291, eff. 4-1-80; r. and recr. Register, August, 1987, No. 380, eff. 9-1-87; am. (16), Register, May, 1996, No. 485, eff. 6-1-96.