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24.17.827    EMPLOYER RESPONSE TO COMPLAINT

(1) A complaint is commenced when a letter is mailed to the employer, contractor or subcontractor by the department notifying the employer, contractor or subcontractor of the complaint and requesting certified payroll records.

(2) A copy of the letter is sent to all parties involved in the complaint:

(a) the employee(s) , if a wage complaint was filed;

(b) the prime contractor, if the complaint was filed against a subcontractor;

(c) the contracting agencies and their agent, if identified; and

(d) the architect(s) or engineer(s) who prepared the bid specifications for the contracting agency.

(3) An employer must file a written response to the complaint. The response must be on either the form provided by the department or presented in a similar format.

(4) To be timely, the employer's written response must be postmarked or delivered to the department by the date specified by the department. Upon timely request and for good cause shown, the department may allow additional time for response.

(5) Failure of the employer to timely respond to the complaint will result in the entry of a determination adverse to the employer.

History: 18-2-423, 18-2-431, and 39-3-202, MCA; IMP, 18-2-403, 18-2-407, 18-2-423, 18-2-424, 39-3-201, 39-3-209, 39-3-210 and 39-3-211, MCA; NEW, 2002 MAR p. 2446, Eff. 9/13/02.

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