Iowa Code r. 875-156.6 - Investigations; determination of civil penalty
The commissioner or an authorized designee shall cause an investigation to be made into charges of violations of the Act, including allegations set forth in a written complaint.
(1)
Investigative powers.
The commissioner or the authorized designee shall have the following powers:
a.
Hearings. The
commissioner may hold hearings and investigate charges of violations of the
Act.
b.
Entry into place of
employment. The commissioner may, consistent with due process of law,
enter any place of employment to inspect records concerning labor force
residency, to question an employer or employee, and to investigate those facts,
conditions, or matters as are deemed appropriate in determining whether any
person has violated the provisions of the Act. The commissioner shall only make
an entry into a place of employment in response to a written
complaint.
c.
Residency of
workers. The commissioner may investigate and ascertain the residency
of a worker engaged in any public improvement in this state.
d.
Oaths; depositions;
subpoenas. The commissioner may administer oaths, take or cause to be
taken deposition of witnesses, and require by subpoena the attendance and
testimony of witnesses and the production of all books, registers, payrolls,
and other evidence relevant to a matter under investigation or
hearing.
e.
Employment of
personnel. The commissioner may employ qualified personnel as are
necessary for the enforcement of Iowa Code section
73A.21. The personnel shall be
employed pursuant to the merit system provisions of Iowa Code chapter 8A,
subchapter IV.
f.
Request
for records. The commissioner shall require a contractor or
subcontractor to file, within 10 days of receipt of a request, any records
enumerated in rule 875-156.5 (73A). If the
contractor or subcontractor fails to provide the requested records within 10
days, the commissioner may direct, within 15 days after the end of the 10-day
period, that the fiscal or financial office charged with the custody and
disbursement of funds of the public body that contracted for construction of
the public improvement or undertook the public improvement, to withhold
immediately from payment to the contractor or subcontractor up to 25 percent of
the amount to be paid to the contractor or subcontractor under the terms of the
contract or written instrument under which the public improvement is being
performed. The amount withheld shall be immediately released upon receipt by
the public body of a notice from the commissioner indicating that the request
for records as required by this paragraph has been
satisfied.
(2)
Division determination. Upon conclusion of an investigation,
the commissioner or an authorized designee shall issue a written determination
to the party that was the subject of the investigation. The determination shall
indicate whether or not the division finds a violation of the Act by the party.
If the determination indicates that the party engaged in a violation of the
Act, the determination shall also indicate the remedies the division intends to
pursue as a result of the violation.
(3)
Informal conference. A
party seeking review of the division's determination pursuant to this rule may
file a written request for an informal conference. The request must be received
by the division within 15 days after the date of issuance of the division's
determination. During the conference, the party seeking review may present
written or oral information and arguments as to why the division's
determination should be amended or vacated. The division shall consider the
information and arguments presented and issue a written decision advising all
parties of the outcome of the informal conference.
Notes
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