7 Colo. Code Regs. § 1103-8-3

Current through Register Vol. 47, No. 24, December 25, 2024

Rule 7 CCR 1103-8-3 - Investigations

3.1 The Division may initiate a direct investigation of any potential violations of any labor standards law it has authority to enforce or investigate. The scope of an investigation may include all impacted individuals, including all of an employer's employees or contractors, or any subset or combination thereof.

3.2 The Division shall initiate the direct investigation by sending a Notice of Investigation to a correct address of the employer. The direct investigation is not limited to the time period or potential violations identified in the Notice of Investigation. The Division may, at its discretion, expand the direct investigation beyond the scope of the Notice of Investigation.

3.3 The employer and any witness may designate an authorized representative to represent it during the investigation.

3.4 In the course of a direct investigation, the Division may utilize all information-gathering powers authorized by statute through orders to the employer or any witness, and may issue fines pursuant to this same authority for failure or refusal to comply with these orders. See, e.g., C.R.S. §§ 8-1-114, -116, -117, -120; 8-4-111(1)(c), -118, -120; 8-5-103(1)(b).

3.5 During a direct investigation, the Division may issue directives, instructions, protocols, and procedures to an employer and witnesses, and may establish protocols or procedures governing an investigation. Such directives, instructions, protocols, and procedures are presumed to be "lawful order[s]" within the meaning of C.R.S. § 8-1-140(2). Failure to comply with a lawful order may subject the noncompliant individual or entity to fines. Id.

3.6 The employer is responsible for ensuring the Division has its current contact information and correct address as defined in Rule 2. Conclusive proof of service includes proof of delivery to any correct address as defined in Rule 2. Proper service is effective regardless of whether the party reads or opens the material served.

7 CCR 1103-8-3

42 CR 02, January 25, 2019, effective 2/14/2019

43 CR 12, June 25, 2020, effective 7/15/2020

43 CR 23, December 10, 2020, effective 1/1/2021

47 CR 05, March 10, 2024, effective 4/1/2024