13 N.C. Admin. Code 12 .0604 - ADMINISTRATIVE REMEDIES
(a) For purposes of
95-25.22(g), "exhausting administrative remedies" means that the Commissioner
shall:
(1) Investigate the alleged violations
of the Act and afford the employer the opportunity to present evidence in its
defense during such investigation; and
(2) Notify the employer and complainant(s),
after completion of the investigation, of:
(A) The violations found and amounts found
due; and
(B) The employer's right
to be heard further in the matter; and
(3) Hear any additional evidence presented by
the employer exercising its right to be heard further as set forth in
Paragraphs (b) and (c) of this Rule; and
(4) Notify the employer of any pending
action.
(b) Employers
wishing to exercise the right to be heard further shall:
(1) Notify the Commissioner, within 14 days
from the date the Commissioner notified the employer of the findings. The 14
days begins on the date the Commissioner mailed notification to the employer
pursuant to Subparagraph (a)(2) of this Rule. The employer may notify the
Commissioner either orally or in writing.
(2) Present additional evidence to the
Commissioner on disputed issues within 14 days from the date the employer
notified the Commissioner of its intent to exercise the right to be heard
further.
(c) The
employer shall waive its right to be heard further if it:
(1) fails to notify the Commissioner in
accordance with Subparagraph (b)(1) of this Rule; or
(2) fails to submit evidence in accordance
with Subparagraph (b)(2) of this Rule; or
(3) agrees to remedy the violations found and
to pay in full the amounts found due.
(d) If the employer presents additional
evidence in accordance with Paragraph (b) of this Rule, the Commissioner shall
notify the employer and complainant(s) of any modifications which are made to
the Commissioner's findings.
(e)
For purposes of
G.S.
95-25.22(g) and this Rule,
the Commissioner shall make all notifications to the last known addresses of
the employer and complainants.
Notes
Eff. November 1, 1980;
Amended Eff. April 1, 1999;
Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
Eff. November 1, 1980;
Amended Eff. April 1, 1999.
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