Complaints

(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.