30-03 New Chpt 113 Living Wage - Laserfiche WebLink

Home Browse Search

(2) ~[f the Department's review of information maintained or reported by a Covered Employer indicates that the Covered Employer may have violated this Chapter; (3) The Department has other reasonto believe that a Covered Employer may have violated this Chapter. (d) Any investigation shall be completed within thirty (30) days of the occurrence triggering the investigation. To the extent permitted by law, the City shall not make public in any manner and shall retain as confidential all information obtained as a result of the preliminary investigation. At the completion of the investigation, the Director of the Applicable Department shall take one of the following actions: (1) Notify the charging party, if any, the FEWB and the Covered Employer that it is not probable that a violation of this Chapter has been or is being engaged in and that a complaint will not issue in the matter; or (2) Notify the charging party, if any, the FEWB and the Covered Employer that it is probable that a violation of this Chapter has occurred, initiate a complaint against the Covered Employer and schedule it for informal methods of conciliation pursuant to Division (e) of this section. (e) Conciliation. ~[f the investigation leads to a finding by the Director of the Applicable Department of probable cause to believe that a Covered Employer is in noncompliance with this Chapter, the Director shall attempt to conciliate the matter. The Director shall send out noUce to the Covered Employer(s), the affected Covered Employee(s) and to the FEWB with a time and date set for the conciliation meeting. The conciliation meeting must be scheduled to occur within fifteen (15) working days of completion of the investigation, though for good cause shown it can be rescheduled. ]:f the investigation resulted from a filed charge of noncompliance, a conciliation agreement may not be entered without the consent of both the Covered Employer and the charging party. :If the investigation was initiated by the Applicable Department on its own, the Director has authority to enter into a conciliation agreement. (f) Hearing. ]:f conciliation does not result in a settlement of the complaint, the Director of the Applicable Department shall appoint a Hearing Officer to conduct a hearing on the complaint. Any Hearing Officer shall be either a member of Ohio's .ludiciary or an attorney licensed to practice law in Ohio. The Hearing Officer shall schedule a hearing with a 30-day notice of the hearing provided to the Covered Employer, Covered Employee(s) or other charging parties, if any, and the FEWB. ]:n conducting such hearings, the Hearing Officer shall be empowered to subpoena witnesses, compel their attendance, administer oaths, take sworn testimony and require 'the production for examination of any documents relating to the complaint. (g) After the conclusion of the hearing, the Hearing Officer shall report his or her findings to the Director within fifteen (15) days. The Director may adopt, reject or modify the findings of the Hearing OffiCer. Within seven (7) days after receipt of the findings of the Hearing Officer, the Director shall render a decision in the form of a written order which shall include findings of fact, a statement as to whether the Covered Employer has violated this Chapter and such remedial actions as the Director may order. The order shall be served upon the parties by certified mail within fifteen (:[5) days of the date of the decision. A copy of the decision shall be provided to the FEWB. (h) Appeals.