7 CCR 1103-8-3 - Investigations
3.1 The
Division may initiate a direct investigation of any potential violations of any
labor standards law it has authority to enforce or investigate. The scope of an
investigation may include all impacted individuals, including all of an
employer's employees or contractors, or any subset or combination
thereof.
3.2 The Division shall
initiate the direct investigation by sending a Notice of Investigation to a
correct address of the employer. The direct investigation is not limited to the
time period or potential violations identified in the Notice of Investigation.
The Division may, at its discretion, expand the direct investigation beyond the
scope of the Notice of Investigation.
3.3 The employer and any witness may
designate an authorized representative to represent it during the
investigation.
3.4 In the course
of a direct investigation, the Division may utilize all information-gathering
powers authorized by statute through orders to the employer or any witness, and
may issue fines pursuant to this same authority for failure or refusal to
comply with these orders. See, e.g., C.R.S. §§
8-1-114, -116, -117, -120;
8-4-111(1)(c), -118, -120; 8-5-103(1)(b).
3.5 During a direct investigation, the
Division may issue directives, instructions, protocols, and procedures to an
employer and witnesses, and may establish protocols or procedures governing an
investigation. Such directives, instructions, protocols, and procedures are
presumed to be "lawful order[s]" within the meaning of C.R.S. §
8-1-140(2).
Failure to comply with a lawful order may subject the noncompliant individual
or entity to fines. Id.
3.6 The employer is responsible for ensuring
the Division has its current contact information and correct address as defined
in Rule 2. Conclusive proof of service includes proof of delivery to any
correct address as defined in Rule 2. Proper service is effective regardless of
whether the party reads or opens the material served.
Notes
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