Wis. Admin. Code Crime Victims Rights Board § CVRB 1.05 - Probable cause determination
(1) Upon receipt of
the complaint, the board shall contact the mediator and request verification
that the substance of the complaint has been presented to the department and
that the department has completed its action as required by ss.
950.08(3) and
950.09(2),
Stats.
(2) If the substance of the
complaint has not been presented to the department, the board shall advise the
complainant of the complainant's obligation to present the substance of the
complaint to the department before filing a complaint with the board.
(3) If the department has not completed its
action as provided in s.
950.08(3),
Stats., the board shall return the complaint form to the complainant and shall
advise the complainant that the board cannot review the complaint until the
department has completed its action.
(4) If the department has completed its
action as provided in s.
950.08(3),
Stats., the mediator shall provide the board with information on the mediation
process and its outcome. This information may take the form of a memorandum,
other written documentation, or both.
(5) The board shall provide a copy of the
complaint, with a cover letter, to the respondent and invite the respondent to
submit an answer to the complaint. The board shall provide a copy of this
letter to the complainant. If the respondent submits an answer, the board shall
provide a copy of the answer to the complainant.
(6) The board shall determine probable cause
at its next regularly scheduled meeting or at a meeting called by the
chairperson. Upon a vote of the board, the board may deliberate and vote on the
probable cause determination in closed session pursuant to s.
19.85(1) (f),
Stats.
(7) In making the probable
cause determination, the board may consider all relevant information, including
all of the following:
(a) The
complaint.
(b) The
answer.
(c) The information
provided by the mediator pursuant to sub. (4).
(8) The board shall notify the parties and
the mediator of its probable cause determination. If the board finds probable
cause, the board shall advise the parties of their right to request a hearing
on the complaint under s.
CVRB 1.07.
A finding of no probable cause is a final decision of the board. If the board
finds no probable cause, the board shall provide notice to the parties of the
right to seek judicial review pursuant to ch. 227, Stats.
Notes
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