Cal. Civ. Code § DWD 220.09
Appeal of initial determination of no probable cause.
Operative Text
DWD 220.09 Appeal of initial determination of no probable cause. (1) When filed. Within 20 days after the date of an initial determination finding that there is no probable cause, a complainant may file a written request for a hearing on the issue of probable cause. The department shall notify the respondent that an appeal has been filed within 10 days of receiving the appeal. (2) Dismissal final if no appeal filed. If no timely written request for a hearing is filed, the initial determination’s order of dismissal shall be the final determination of the department. (3) Certification to hearing on issue of probable cause; right to stipulate that case may be heard on merits. If a timely appeal is filed, the division shall certify the matter to hearing. A hearing on the issue of probable cause shall be noticed and conducted in accordance with the provisions of ss. DWD 220.14 and 220.16 to 220.23, except that the parties may stipulate prior to the hearing that the administrative law judge may decide the case on the merits.
Wisconsin Administrative Code § DWD 220.09 establishes the process for appealing an initial determination that finds no probable cause in a complaint. A complainant has 20 days from the date of that initial determination to file a written request for a hearing; if no such request is filed within that window, the dismissal becomes the department's final determination. When a timely appeal is filed, the matter is certified to a hearing on the probable cause issue, though the parties may jointly agree to have the administrative law judge decide the case on its full merits instead.
Plain English — not legal advice.
Under § DWD 220.09, a respondent (such as a landlord or property manager) is entitled to be notified within 10 days if a complainant appeals an initial no-probable-cause determination. Operators who receive such a notice generally prepare to participate in the certified hearing process, which follows the procedures outlined in §§ DWD 220.14 and 220.16–220.23. Respondents should also be aware that both parties have the option to stipulate before the hearing that the administrative law judge may decide the case on its merits rather than limiting the hearing to the probable cause question.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § DWD 220.09, a complainant who receives an initial determination of no probable cause retains the right to appeal that finding by submitting a written hearing request within 20 days of the determination's date. Missing that 20-day deadline under § DWD 220.09 results in the dismissal becoming the department's final determination, closing the administrative avenue. Tenants who believe a no-probable-cause finding was in error may wish to consult a tenant-rights organization or legal aid resource to understand the hearing process and the option to stipulate that the case be heard on its merits.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation