19 Del. Admin. Code § 1323-6.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1323-6.0 - Enforcement

6.1 Complaint

6.1.1 Any person may file a complaint with the Office of Labor Law Enforcement alleging a violation of any provision of these laws. The complaint shall be in writing, and shall set forth the specifics of any alleged violation. The complaint shall be directed to the Administrator of the Office of Labor Law Enforcement.

6.1.2 Upon receipt of the complaint, the Administrator of the Office of Labor Law Enforcement will assign the complaint to an investigator.

6.2 Investigation

6.2.1 The Office of Labor Law Enforcement may serve notice to the employer informing them of the complaint and requiring proof of compliance with the provisions of these laws. Evidence that may be requested to establish whether an employer has complied with the provisions of these laws includes, but is not limited to, the following:

6.2.1.1 Service letter(s) for each employee hired after January 1, 1998 (or proof that the employer has made a good faith attempt to obtain such service letter(s)).

6.2.1.2 Verification from the Department of Services Children, Youth and Their Families /Division of Family Services that the employer has requested and/or received the required check of the Child Abuse Registry as required by 11 Del.C. § 8563.

6.2.1.3 Verification from the Division of Services for Aging and Adults with Physical Disabilities that the employer has requested and/or received the required check of the Adult Abuse Registry as required by 11 Del.C. § 8564.

6.2.1.4 Copies of all statements and acknowledgments signed by the person seeking employment.

6.2.1.5 Application forms, personnel records or any other related documents.

6.3 Determination

6.3.1 Upon completion of the investigation, the Office of Labor Law Enforcement will determine whether a violation has occurred. The Office of Labor Law Enforcement may issue a notice requiring corrective action and may notify the Department of Services for Children Youth and Their Families/Division of Family Services and/or the Department of Health and Social Services/Division of Services for Aging and Adults With Physical Disabilities. Such notice will give a specified date on which compliance is required.

6.3.2 Upon proof that corrective action has been taken, the Office of Labor Law Enforcement may issue a warning letter or may forward the matter to the Department of Justice for further legal action.

19 Del. Admin. Code § 1323-6.0