Section 1-7 - Initial Review & Determination (a) Upon conclusion of the investigation and all necessary inquiries, Labor Standards shall make a preliminary finding as to the validity of the claim filed. Labor Standards shall notify the parties of the preliminary finding by certified mail.
(b) Either party may submit a request that the preliminary finding be administratively reviewed. Review requests shall be in writing and submitted to Labor Standards within the time period as stated in the preliminary finding. The administrative review will be conducted by someone within Labor Standards other than the compliance officer who made the preliminary finding. The request may be made in one of the following ways: - (i) In Person. When an employer or claimant submits an answer or reply to an answer in person with a representative of Labor Standards, that submittal is deemed to occur the day the person physically delivers the document into the hands of the Labor Standards representative authorized to receive it.
- (ii) By Mail. When an employer or claimant submits an answer or reply to an answer with Labor Standards by mail, that submittal is deemed to have been filed as of the postmark date on the envelope by which the document is mailed.
- (iii) By Facsimile. When an employer or claimant submits an answer or reply to an answer with Labor Standards by fax, that document is deemed to have been filed as of the date the document is received. The fax must contain sufficient information to identify the party providing the information and the purpose for which it is intended. The party sending the fax assumes the risk of transmission errors or illegibility.
- (A) If neither party timely requests an administrative review of the preliminary finding, the preliminary finding becomes Labor Standard's determination.
- (B) The administrative review may confirm, reverse, modify or vacate the preliminary finding. A vacated preliminary finding means the file contained insufficient evidence to support the original preliminary finding. Vacated preliminary findings shall be returned to the original compliance officer for further investigation and re-issuing of the preliminary finding. If the preliminary finding is confirmed, reversed, or modified, this becomes the final determination.
- (C) Where the preliminary finding has found the claim to be invalid, Labor Standards shall notify the parties by certified mail.
- (D) Where the preliminary finding has found the claim to be valid, Labor Standards shall notify the parties by mail.
Amended, Eff. 11/21/2016.