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.
Complaint. Upon receipt of a complaint, the department will
proceed to review and investigate the complaint to determine if further action
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
Hearings on Complaints Made Pursuant to the PEO Registration
. 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.
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
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.
Record. A record
of all complaints and hearings shall be maintained by the department.
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.
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.