Section 320.310  Investigation

a)         After the Department determines jurisdiction, the Department shall conduct an investigation to ascertain the facts relating to the violation alleged in the complaint and determine whether reasonable cause exists to believe 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 in the discretion of the Department.  The Department will limit its investigation to reviewing up to 3 years prior to the date the complaint was filed, but in no case will review occur prior to the effective date of the Act, January 1, 2004.

b)         The Department will notify the respondent of the existence of the complaint and forward a copy of the complaint to the respondent.

c)         The respondent must remit a written response to the complaint within 30 calendar  days after the date the Department forwarded the complaint.  The response shall include relevant data regarding wages, hours and other conditions and practices of employment deemed necessary and appropriate to the Department’s investigation.

d)         Upon receipt of the respondent’s response, the complainant is provided a copy of the response and shall submit a rebuttal.  Failure of the complainant to submit a rebuttal to the Department within 30 calendar days after the date the Department forwarded the respondent’s response will result in dismissal of the complaint pursuant to Section 320.500. At least 10 calendar days prior to convening a fact finding conference or an informal investigative hearing, the Department will provide to the respondent a copy of the complainant's rebutttal.

e)         If during the investigation a respondent refuses to cooperate, the Director may either make a finding of reasonable cause or issue subpoenas to compel the attendance of respondent witnesses or the production of documents.

f)          A complainant must promptly provide the Department with a notice of address or telephone change or any prolonged absence from the current address so that the complainant can be located.  A complainant must cooperate with the Department, provide necessary information and be available for interviews, conferences and hearings 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 may dismiss the complaint pursuant to Section 320.500.

g)         The Department may in its discretion withhold any witness statement or identity of any witness as confidential upon the request of a party or the witness. Circumstances in which the Department may withhold a witness statement include, but are not limited to, when the safety or employment status of the witness is endangered or threatened.