Section 240.500  Decision and Notice Following Investigation

a)         If, at the conclusion of an investigation, the Department determines that no violation of the Act or this Part has occurred, the complaint shall be dismissed.

b)         If, at the conclusion of the investigation, the Department determines that a violation of the Act or this Part has occurred, the Department may seek remedies as set forth in Section 240.510.

c)         Whenever a decision is made under this Section, the Department shall provide a written notice to all parties.  The notice shall include a statement of the right to bring a civil action as provided for in Section 60 of the Act.

d)         The Department will seek voluntary compliance by the contractor for any violations of the Act.  If the contractor fails to pay the penalties or comply with the remedies specified in the notice within 30 calendar days, the Department may within 180 days refer the matter to the Attorney General for enforcement.

e)         Either party may seek review of the Department's final determination by filing with the Director a written request for an informal conference.  The request must be received by the Director within 15 calendar days after the issuance of the final determination.

1)         The informal conference will be conducted by the Director and/or the Department's Chief Legal Counsel.  During that conference, the party seeking review may present written or oral information and arguments as to why the Department's final determination should be amended or reconsidered.

2)         The Director and/or the Department's Chief Legal Counsel shall consider the information and arguments presented and shall issue a written decision advising all parties of the outcome of the informal conference.