Investigation

(1) When a charge has been filed under 456 CMR 17.00, the Department shall conduct an investigation to ascertain whether there is probable cause to believe that the contested service fee is invalid under 456 CMR 17.02 or 17.04, or that the amount exceeds the non-member's pro rata share of the costs of collective bargaining and contract administration. (2) Either at or before the investigation, the exclusive bargaining agent shall make available to the charging party the books and records on which the exclusive bargaining agent relies to justify the amount of the service fee demanded.