KEITH A SMITH, Complainant

SCHWANS FOOD COMPANY, Respondent

An administrative law judge for the Equal Rights Division of the Department of Workforce Development issued a decision in this matter on December 14, 2005, finding that the respondent did not discriminate against the complainant based on disability. The last day on which a timely petition for commission review could have been filed was January 4, 2006. The complainant's petition for commission review was not filed until January 9, 2006.

In the absence of a timely filed petition for commission review, the commission is without authority to review the decision of the administrative law judge, and therefore issues the following:

The petition for review is dismissed.

Dated and mailed January 31, 2006
smithke . rsd : 164 : 9

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

Pursuant to § 111.39(5) of the Wisconsin Fair Employment Act (hereinafter "Act"), a party who is dissatisfied with the findings and order issued by an administrative law judge may file a petition for commission review within 21 days of the order. On December 14, 2005, an administrative law judge issued a decision finding that the respondent did not discriminate against the complainant based on disability. The last day on which a petition for commission review could have been filed was January 4, 2006. However, the complainant's petition was not received until January 9, 2006.

The complainant has provided the commission with an explanation for the lateness of his petition. However, the Act contains no provisions allowing the commission to accept late petitions, even it if it appears that there is good cause for the untimeliness. Consequently, the commission must dismiss the petition as untimely, and is unable to address his arguments with respect to the merits of the case.

cc: Attorney Mark A. Johnson

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