Section 240.300  Investigation

The Department shall conduct an investigation to ascertain the facts relating to the violation alleged in the complaint and determine whether a violation under the Act has occurred.  The investigation may be made by written or oral inquiry, field visit, conference or any method or combination of methods deemed suitable at the discretion of the Department.  The investigation shall include a written notice to the contractor of the substance of the complaint and an opportunity to present any information the contractor wishes the Department to consider in reaching its determination.

a)         During the investigation, if a contractor refuses to cooperate, the Department may make a finding that the Act has been violated based upon the evidence available to the Department.

b)         Complainants must provide the Department a notice of address change, telephone change or any prolonged absence from the current address so that the Department can fully investigate the complaint.  All complainants must cooperate with the Department, provide necessary information and be available for interviews and conferences upon reasonable notice or request by the Department.  If a complainant cannot be located or does not respond to reasonable requests by the Department, the Department shall dismiss the individual from the complaint pursuant to Section 240.220.

c)         The Department may investigate alleged violations for up to three years preceding the date the complaint was filed; however, in no instance shall the Department investigate complaints for alleged violations that occurred prior to January 1, 2008.

d)         Before making a final determination of a violation, the Department shall notify the contractors of the substance of the Department's investigation and afford the contractors an opportunity to present any written information, within 30 calendar days, for the Department to consider in reaching its determination.