(1)
Filing of a
Complaint. Any individual may file a Complaint with the Department
against an Agency. The Complaint shall be filed in writing, with the
Department, in a form prescribed by the Director.
(2)
Review of
Complaint. Upon receipt of a Complaint, the Department will
proceed to review and investigate the complaint to determine if further action
is warranted.
(3)
Temporary Workers Right to Know Law. If the Director,
after investigation, has cause to believe that the Temporary Workers Right to
Know Law has been violated, the Director may refer said Complaint to the Office
of the Attorney General for further action, as provided in
454 CMR
24.20.
(4)
Hearings on Complaints Made
Pursuant to the Employment Agency Statute. Notice of any Complaint
shall be provided to the Agency owner against whom the Complaint has been
filed, within five days of the filing of the Complaint with the Department. The
Department will hold any hearing on alleged violations of the Employment Agency
Statute not later than two weeks from the date of receipt of a Complaint by the
Department.
(a)
Notice. Both the Complainant and Respondent shall be
given at least five days' notice of a Complaint hearing. Said notice shall be
in the form of a hearing notice stating the nature of the complaint and
section(s) of the Employment Agency Statute and
454 CMR 24.00 alleged to have
been violated, and shall be mailed to Complainant and Respondent by certified
mail at the addresses provided to the Department by the Complainant and
Respondent. The hearing notice shall also be posted at the Department at least
one day prior to the hearing date. A hearing shall commence not later than ten
business days from the date the hearing notice is posted or as otherwise agreed
by the parties.
(b)
Appearances. Complainant and Respondent shall appear
at the appointed time and place of the hearing. Any request for a continuance
shall be made in writing and received at the Department not later than two
business days prior to the scheduled hearing date. Hearings are not open to the
public. Only those directed to appear at the hearing shall be allowed to
participate in the proceedings. If a Complainant or Respondent wishes to bring
a witness or other person to the hearing, such notice shall be made in writing
and received at the Department not later than two business days prior to the
scheduled hearing date.
(c)
Record. A record of all Complaints and hearings shall
be maintained by the Department.
(d)
Recommended
Decision. If the Director has presided at the hearing, a
Recommended Decision shall not be issued. If the Director has not presided at
the hearing, a Recommended Decision shall be issued, pursuant to M.G.L. c. 30A,
§ 11(2), if either party makes a written request for one, either prior to
or at the hearing.
(e)
Decision. The Director shall render his or her
decision on a Complaint hearing not later than eight days from the date that
either a recommended decision is provided to him or her or from the date upon
which the record of a hearing over which he or she has presided as the hearing
officer has closed.
