Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 24.00 - EMPLOYMENT AGENCY AND TEMPORARY WORKERS RIGHT TO KNOW REGULATIONS › Section 24.17 - Complaints

Current through Register 1525, July 5, 2024
(1)
Filing of a
			 Complaint
. Any individual may file a Complaint with the Department
			 against an Agency. The Complaint shall be filed in writing, with the
			 Department, in a form prescribed by the Director.
(2)
Review of
			 Complaint
. Upon receipt of a Complaint, the Department will
			 proceed to review and investigate the complaint to determine if further action
			 is warranted.
(3)
Temporary Workers Right to Know Law
. If the Director,
			 after investigation, has cause to believe that the Temporary Workers Right to
			 Know Law has been violated, the Director may refer said Complaint to the Office
			 of the Attorney General for further action, as provided in
			 454 CMR
			 24.20.
(4)
Hearings on Complaints Made
			 Pursuant to the Employment Agency Statute
. Notice of any Complaint
			 shall be provided to the Agency owner against whom the Complaint has been
			 filed, within five days of the filing of the Complaint with the Department. The
			 Department will hold any hearing on alleged violations of the Employment Agency
			 Statute not later than two weeks from the date of receipt of a Complaint by the
			 Department.
(a)
Notice
. Both the Complainant and Respondent shall be
			 given at least five days' 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 Employment Agency Statute and
			 454 CMR 24.00 alleged to have
			 been violated, and shall be mailed to Complainant and Respondent by certified
			 mail at the addresses provided to the Department by the Complainant and
			 Respondent. The hearing notice shall also be posted at the Department at least
			 one day prior to the hearing date. A hearing shall commence not later than ten
			 business days from the date the hearing notice is posted or as otherwise agreed
			 by the parties.
(b)
Appearances
. 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. Hearings are not open to the
			 public. Only those directed to appear at the hearing shall be allowed to
			 participate in the proceedings. If a Complainant or Respondent wishes to bring
			 a witness or other person to the hearing, such notice shall be made in writing
			 and received at the Department not later than two business days prior to the
			 scheduled hearing date.
(c)
Record
. A record of all Complaints and hearings shall
			 be maintained by the Department.
(d)
Recommended
			 Decision
. If the Director has presided at the hearing, a
			 Recommended Decision shall not be issued. If the Director has not presided at
			 the hearing, a Recommended Decision shall be issued, pursuant to M.G.L. c. 30A,
			 § 11(2), if either party makes a written request for one, either prior to
			 or at the hearing.
(e)
Decision
. The Director shall render his or her
			 decision on a Complaint hearing not later than eight 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.