Title 8 . Labor and Workforce Development

Chapter 15 . Fish Processors and Primary Fish Buyers

Section 180. Investigations, conferences and persuasion

8 AAC 15.180. Investigations, conferences and persuasion

(a) The labor standards and safety division will investigate potential violations of AS 23.10.050 - 23.10.150 on its own motion.

(b) If, after an investigation, the division finds that probable cause exists for believing that a violation of AS 23.10.050 - 23.10.150 has occurred, it will attempt to correct the unlawful practice by conference and persuasion as follows:

(1) the division will provide the employer believed to have violated AS 23.10.050 - 23.10.150 with a copy of the assignment or a description of the alleged violation and inform the employer of the results of its investigation; and

(2) the division will schedule an informal conference with the employer to discuss the matter and attempt to eliminate the alleged violations.

(c) If the informal conference succeeds in correcting the alleged violation, no further action will be taken by the division against the employer.

(d) If an alleged violation is not rectified by the informal conference or if the employer fails to attend the conference without good cause shown, the division may, in its discretion

(1) conduct a further investigation into the matter;

(2) enforce the claim through initiation of an adjudicative hearing under provisions of the Administrative Procedure Act (AS 44.62);

(3) enforce the claim through filing of an action in a court of competent jurisdiction.

(e) If the director determines under (d)(1) of this section that a further investigation into the matter should be conducted, an investigative proceeding conducted in accordance with 8 AAC 25.010 - 8 AAC 25.030 shall be initiated.

History: Eff. 12/9/78, Register 68; am 4/29/99, Register 150

Authority: AS 23.10.080

AS 23.10.085

AS 23.10.090

AS 23.10.110