¶ 27. (dissenting). I do not agree with the majority that the meaning of Wis. Stat. § 230.88(2)(c)1 is plain when applied to the facts of this case. I agree that there is no ambiguity if one focuses on the time when Albrechtsen filed the federal court action: the language plainly required the Commission to dismiss Albrechtsen's complaint. However, due to the parties', and perhaps the Commission's, misunderstanding of this requirement, that is not what occurred. Thus, at the time the Commission first actually addressed the meaning of § 230.88(2)(c), there was no Wis. Stat. § 230.83(1) claim pending in the federal court action, it had not been adjudicated in that action, and it was clearly not going to be adjudicated in that action. In my view, the proper way to frame the statutory construction issue presented on the facts of this case is to ask: if the Commission had dismissed Albrechtsen's claim when it should have, would the statute have permitted the Commission to vacate that dismissal *165order after the dismissal in the federal action? I conclude that the language of § 230.88(2)(c) does not plainly answer this question. Generally, administrative agencies have the authority to vacate orders they have entered, and there is no express prohibition in § 230.88(2)(c) on vacating a dismissal order entered under this subsection.
¶ 28. In construing the meaning of statutory language we consider the purpose of the statute insofar as it is ascertainable from the text and structure of the statute itself as expressed in the text. State ex rel. Kalal v. Circuit Court for Dane County, 2004 WI 58, ¶ 48, 271 Wis. 2d 633, 681 N.W.2d 110. The evident purpose of the requirement that the Commission dismiss the complaint "upon commencement of such action in a court of record" is to avoid the Commission adjudicating a claim that is going to be adjudicated in court. The requirement that, at least ten days before the Commission hearing, the employee notify the Commission that the employee either has or will file a court action and the assessment of costs for failure to do so both further this purpose: they minimize the chances that the Commission will incur expenses in adjudicating a claim that is going to be adjudicated in a court action.
¶ 29. When, as here, a claim "alleging matters prohibited under s. 230.83(1)" is dismissed in the court action before adjudication in that forum because the parties believe that it must be adjudicated by the Commission, no duplication occurs if the Commission vacates its earlier dismissal order and adjudicates the claim. Indeed, if the Commission does not do so, the employee never has his or her claim adjudicated at all. That is inconsistent with the express policy behind Wis. Stat. §§ 230.80-230.88: "to encourage disclosure of information [as defined in those sections] and to ensure *166that any employee employed by a governmental unit is protected from retaliatory action for disclosing information under [those sections]." Wis. Stat. § 230.01(2). The legislature has expressly directed that we construe Wis. Stat. ch. 230 "liberally in aid of the purposes declared in s. 230.01." Wis. Stat. § 230.02.1 therefore conclude that, had the Commission dismissed Albrechtsen's claim when he filed the federal action, the Commission would have had the authority to vacate that order after dismissal of the § 230.83(1) claim in the federal action.
¶ 30. Because in my view the Commission would have had the authority to vacate the dismissal order that it should have entered and to adjudicate Albrechtsen's claim, I see no reason that it does not have the authority to adjudicate Albrechtsen's claim after having ordered the claim held in abeyance rather than dismissing it. For the reasons I have explained in the preceding paragraphs, I conclude Wis. Stat. § 230.88(2)(c) does not prevent the Commission from doing so. Thus, I conclude the Commission erred in deciding that it was required by § 230.88(2)(c) to dismiss Albrechtsen's claim now.
¶ 31. I recognize that a conclusion that the Commission has the authority to adjudicate Albrechtsen's claim is not the same as a requirement that it do so. That is, in the context of a motion to vacate a dismissal order entered under Wis. Stat. § 230.88(2)(c), there may be reasons why the Commission could properly deny a motion to vacate a dismissal order even though it had the authority to vacate that order. However, in this case, the only reason the Commission dismissed Albrechtsen's claim rather than proceeding to adjudicate it was its decision that it was required to do so by § 230.88(2)(c). The Board of Regents did not argue before the Commission that there would have been unfairness to it if the *167Commission had adjudicated Albrechtsen's claim at that time; and I see nothing in the record that would provide a reasonable basis for the Commission to decide not to adjudicate Albrechtsen's claim, given that, in my view, it has the authority to do so. Therefore, I would reverse the circuit court's order affirming the Commission's dismissal order and direct the circuit court to remand to the Commission for an adjudication of Albrechtsen's claim. Accordingly, I respectfiilly dissent.2
All references to the Wisconsin Statutes are to the 2003-04 version unless otherwise noted.
I agree with the majority that it is not necessary to decide whether the Board of Regents is correct that the Commission is the exclusive forum for resolving Albrechtsen's claim that his rights under Wis. Stat. § 230.83(1) were violated. However, it appears to me that the Board's disagreement with the Commission on this point is more a matter of semantics than anything else. As I understand the Commission's statements on this point, it views Wis. Stat. § 895.65 as the vehicle for filing a claim in court on "matters prohibited under s. 230.83(1)." Wis. Stat. § 230.88(2)(c). Thus I understand the Commission to mean that the administrative remedy in Wis. Stat. § 230.85 (and judicial review of the Commission's decision under Wis. Stat. § 230.87) is not exclusive in the sense that a court action under § 895.65 provides a remedy for the violation of essentially the same rights as protected by § 230.83(1). I do not understand in what meaningful way this differs from the Board of Regents' position.