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741.1 Generally

The Respondent contended that it had not been properly notified of the hearing because notice of the hearing had been sent to its local office and not its corporate office, which was located in another state. The Respondent did not meet its burden of showing that it had good cause for failing to attend the hearing. The Respondent was not denied due process because the Equal Rights Division mailed notice of the hearing by first class mail to its local office in Wisconsin. There is no requirement that process on a corporation be served only at its headquarters, or only on its president or chief executive officer. The Administrative Law Judge determined that the mail that the Equal Rights Division sent to the Respondent was received by the Respondent at its local Wisconsin address, and that it was either lost or destroyed by a manager at that address. Therefore, the Respondent failed to establish good cause for failing to appear at the hearing. Salley v. Nationwide Mortgage & Realty Corp. (LIRC, 12/13/07).

The Complainant claimed that she did not receive a Notice of Hearing. However, even assuming that the Complainant did not get actual notice, she did receive copies of the Respondent’s answer and its witness and exhibit list, which put her on notice that her hearing was scheduled to take place very soon. Feaster v. Dillingham, N.A., Inc. (LIRC, 06/29/90).

It was error for the examiner to dismiss a complaint at hearing based on the Complainant’s failure to file the complaint within the applicable statute of limitations period, when no notice was given to the Complainant or his counsel prior to hearing that there was a statute of limitations issue in the case that was going to be addressed. Peronto v. LIRC (Brown Co. Cir. Ct., 06/30/86).

The Respondent’s fundamental right to due process requires that it be apprised of the issues to be raised at the hearing. Hiegel v. LIRC, 121 Wis. 2d 205, 359 N.W.2d 405 (Ct. App. 1984).

There is no requirement that DILHR notify the parties who the hearing examiner will be prior to the hearing. Carignan v. Schlitz Container (LIRC, 06/22/79).

A degree of specificity in the notice of hearing is required to conform with the fundamentals of due process. Wis. Tel. Co. v. DILHR, 68 Wis. 2d 345, 228 N.W.2d 649 (1975).

The scope of DILHR findings, conclusions and orders is not limited by the initial determination, but by the notice of hearing. Chicago, Milwaukee, St. Paul & Pacific R.R. v. DILHR (Goodwin), 62 Wis. 2d 392, 215 N.W.2d 443 (1974).