Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 30.00 - Professional Employer Organization Registration Regulations
Section 30.15 - Complaints

Universal Citation: 454 MA Code of Regs 454.30

Current through Register 1531, September 27, 2024

(1) Filing of a Complaint. Any individual may file a complaint with the department against a PEO. 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) Referral to the Attorney General. If the director, after investigation, has cause to believe that any laws have been violated, the director may refer said complaint to the Office of the Attorney General for further action.

(4) Hearings on Complaints Made Pursuant to the PEO Registration Statute. Notice of any complaint shall be provided to the PEO owner against whom the complaint has been filed, within ten calendar days of the filing of the complaint with the department. The department will hold any hearing on alleged violations of the PEO registration statute no later than 30 calendar days from the date of receipt of a complaint by the department.

(a) Notice. Both the complainant and respondent shall be given 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 statute and or regulation alleged to have been violated, and shall be sent to complainant and respondent electronically at the e-mail addresses provided to the department by the complainant and respondent.

(b) Appearance. 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.

(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 "final decision" shall be issued. If the director has not presided at the hearing, a "recommended decision" shall be issued by the hearing officer, pursuant to M.G.L. c. 30A, § 11(2) and the director may, in his or her sole discretion, either adopt, amend or negate the recommended decision when issuing a final decision.

(e) Decision. The director shall render his or her decision on a complaint hearing not later than eight business 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.

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