Cal. Civ. Code § DWD 220.12
Election of civil action; certification to hearing.
Operative Text
DWD 220.12 Election of civil action; certification to hearing. (1) Election of civil action. If a charge is issued under s. DWD 220.11, a complainant, a respondent or an aggrieved person on whose behalf the complaint was filed may elect, in lieu of an administrative proceeding under ss. DWD 220.14 to 220.23, to have the claims asserted in the charge decided in a civil action under s. 106.50 (6m), Stats. The election shall be in writing and shall be filed with the department no later than 20 days after the receipt of service of the charge by the electing person. The department shall notify the parties and their attorneys of record that an election has been made. Upon the filing of an election, the department shall dismiss the complaint. The order of dismissal shall become effective 90 days after the date the order is issued. The order of dismissal shall state that it is without prejudice to the parties’ rights to proceed on the complaint in another forum. The administrative proceedings shall be concluded upon the effective date of the department’s order of dismissal. The complainant or the aggrieved person shall have 90 days from the date of receipt of service of the notice of election to file a summons and complaint in circuit court. Thereafter, the complaint shall proceed as provided under s. 106.50 (6m), Stats. (2) Certification to hearing on the merits of the complaint. If an election is not made under this section, the department shall issue a notice certifying the matter to hearing. A hearing on the merits shall thereafter be noticed and conducted in accordance with the provisions of ss. DWD 220.14 to 220.23.
Wisconsin Administrative Code § DWD 220.12 establishes two paths for resolving a fair housing charge once it has been issued under § DWD 220.11. Any party to the charge — the complainant, the respondent, or an aggrieved person on whose behalf the complaint was filed — may choose within 20 days of receiving the charge to move the dispute out of the administrative process and into civil court under Wis. Stat. § 106.50(6m). If no one makes that election, the Department of Workforce Development certifies the matter for an administrative hearing on the merits, conducted under §§ DWD 220.14–220.23.
Plain English — not legal advice.
Under § DWD 220.12, a respondent (typically the housing provider named in a charge) has the right to elect a civil court proceeding instead of an administrative hearing, but that election must be filed in writing with the Department of Workforce Development within 20 days of receiving service of the charge. Operators who receive a charge generally track that 20-day window carefully, since missing it means the matter proceeds to an administrative hearing under §§ DWD 220.14–220.23. If a civil election is filed, the department dismisses the administrative complaint — without prejudice — and the complainant then has 90 days from receipt of the election notice to file in circuit court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section DWD 220.12 gives complainants and aggrieved persons the same right as respondents to elect a civil court action under Wis. Stat. § 106.50(6m) instead of an administrative hearing, and that written election must reach the Department of Workforce Development within 20 days of receiving the charge. If no election is made by any party, the department certifies the case to an administrative hearing, which is a separate, formal process governed by §§ DWD 220.14–220.23. Tenants navigating this decision point may find it useful to consult a tenant-rights organization or legal aid office familiar with Wisconsin fair housing procedures, as the choice between forums can have significant procedural consequences.
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
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