Compilation of Rules and Regulations of the State of Georgia
Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR
Chapter 300-10 - "GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT" OF 2006
Subject 300-10-1 - PUBLIC EMPLOYERS, CONTRACTORS & SUBCONTRACTORS REQD TO VERIFY NEW EMP WORK ELIGIBILITY THROUGH A FEDERAL WORK AUTHORIZATION PROGRAM RULES OF GENERAL APPLICABILITY
Rule 300-10-1-.09 - Random Audit Program
Current through Rules and Regulations filed through September 23, 2024
(1) The provisions of this rule shall not take effect until necessary funds have been specifically appropriated by the General Assembly for such purposes.
(2) It shall be the duty of the Commissioner to review compliance with the provisions of O.C.G.A. 13-10-91 and these rules by making random audits of public employers, their contractors and subcontractors who are subject to the provisions of O.C.G.A. 13-10-91.
(3) The Commissioner shall have the power and authority to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as is deemed necessary or suitable to accomplish such audits. The Commissioner of Labor and his duly authorized representatives employed for such audits shall have all the powers referred to in Code Section 34-8-88 with respect to the administration of the unemployment insurance program.
(4) All public employers, their contractors and subcontractors subject to O.C.G.A. 13-10-91 shall provide to such authorized representatives of the Commissioner, upon request, such information and documents regarding each employee hired on or after July 1, 2007 as will permit the Commissioner to verify the employer's compliance with O.C.G.A. 13-10-91 and these rules. All public employers, their contractors and subcontractors subject to O.C.G.A. 13-10-91 shall keep true and accurate records of all documents utilized to accomplish and substantiate such compliance. Such records shall be available for inspection in this state and shall be subject to being copied by the Commissioner or an authorized representative of the Commissioner at any time and as often as may be necessary. Such employers shall file such reports, summaries, and other documents as the Commissioner may request. The Commissioner or an authorized representative of the Commissioner may require from any person, employer or individual any sworn or unsworn reports deemed necessary to review compliance with O.C.G.A. 13-10-91 and these rules.
(5) The Department of Labor shall notify a public employer, its contractor(s) or subcontractor(s) subject to O.C.G.A. 13-10-91 in writing whenever it appears to the Commissioner that such employer has failed to satisfy any of the requirements of O.C.G.A. 13-10-91 or these rules. The department shall notify the U. S. Department of Homeland Security whenever the records available to the department, including records requested of and provided by a covered public employer, contractor or subcontractor, are not sufficient to verify the work eligibility of an individual in the employ of such employer.
(6) The Department of Labor shall provide state-wide education and training to assist public employers, their contractors and subcontractors in complying with the requirements of O.C.G.A. 13-10-91 and these rules.
(7) The Commissioner shall have the power and authority to adopt, amend, or rescind these rules and regulations.
O.C.G.A. Sec. 13-10-91.
