Compilation of Rules and Regulations of the State of Georgia › Department 300 - RULES OF GEORGIA DEPARTMENT OF LABOR › Chapter 300-10 - "GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT" OF 2006 › Subject 300-10-1 - PUBLIC EMPLOYERS, CONTRACTORS & SUBCONTRACTORS REQD TO VERIFY NEW EMP WORK ELIGIBILITY THROUGH A FEDERAL WORK AUTHORIZATION PROGRAM RULES OF GENERAL APPLICABILITY › Rule 300-10-1-.09 - Random Audit Program

Current through Rules and Regulations filed through June 27, 2024
(1) The provisions of this rule shall not
				take effect until necessary funds have been specifically appropriated by the
				General Assembly for such purposes.
(2) It shall be the duty of the Commissioner
				to review compliance with the provisions of O.C.G.A.
				  13-10-91 and  these rules by making random audits of public employers, their contractors
				and subcontractors who are subject to the provisions of O.C.G.A.
				  13-10-91.
(3) The Commissioner shall have the power and
				authority to employ such persons, make such expenditures, require such reports,
				make such investigations, and take such other action as is deemed necessary or
				suitable to accomplish such audits. The Commissioner of Labor and his duly
				authorized representatives employed for such audits shall have all the powers
				referred to in Code Section
				  34-8-88 with respect to the administration of the unemployment insurance
				program.
(4) All public employers,
				their contractors and subcontractors subject to O.C.G.A.
				  13-10-91 shall provide to such authorized representatives of the Commissioner, upon
				request, such information and documents regarding each employee hired on or
				after July 1, 2007 as will permit the Commissioner to verify the employer's
				compliance with O.C.G.A.
				  13-10-91 and  these rules. All public employers, their contractors and subcontractors
				subject to O.C.G.A.
				  13-10-91 shall keep true and accurate records of all documents utilized to accomplish
				and substantiate such compliance. Such records shall be available for
				inspection in this state and shall be subject to being copied by the
				Commissioner or an authorized representative of the Commissioner at any time
				and as often as may be necessary. Such employers shall file such reports,
				summaries, and other documents as the Commissioner may request. The
				Commissioner or an authorized representative of the Commissioner may require
				from any person, employer or individual any sworn or unsworn reports deemed
				necessary to review compliance with O.C.G.A.
				  13-10-91 and  these rules.
(5) The Department
				of Labor shall notify a public employer, its contractor(s) or subcontractor(s)
				subject to O.C.G.A.
				  13-10-91 in writing whenever it appears to the Commissioner that such employer has
				failed to satisfy any of the requirements of O.C.G.A.
				  13-10-91 or  these rules. The department shall notify the U. S. Department of Homeland
				Security whenever the records available to the department, including records
				requested of and provided by a covered public employer, contractor or
				subcontractor, are not sufficient to verify the work eligibility of an
				individual in the employ of such employer.
(6) The Department of Labor shall provide
				state-wide education and training to assist public employers, their contractors
				and subcontractors in complying with the requirements of O.C.G.A.
				  13-10-91 and  these rules.
(7) The
				Commissioner shall have the power and authority to adopt, amend, or rescind
				these rules and regulations.
O.C.G.A. Sec.
				  13-10-91.