(A) Response Required. Once jurisdiction is determined, the TERO Director shall provide a copy of the complaint to the employer who shall have ten (10) business days to prepare a written response to the complaint setting forth all relevant facts with supporting documentation and any actions taken to resolve the dispute. Upon receipt of the employer’s response, the TERO Director shall ensure the record is complete. If there is insufficient documentation received from the employee and/or the employer, the TERO Director shall request that the parties provide additional information as necessary.
(B) Scope and Procedure. No later than thirty (30) days after receiving the employer’s written response, the TERO Director shall make such investigations as is necessary to determine whether the employer has violated any provision of this Act. Upon reasonable notice to the employer, TERO employees shall have the authority to inspect and copy all relevant records, to interview employees, and to engage in similar investigatory activities. All information collected by the TERO Office shall be kept confidential when possible.
(C) Refusal to Cooperate. If an employer refuses to cooperate with an investigation, the matter shall be referred to the TERO Commission for further proceedings.
(D) Initial Determination. If the TERO Director finds insufficient evidence to establish that a violation occurred, the complaint shall be dismissed. If there is sufficient evidence to determine that a violation occurred, the TERO Director shall state the specific violations and the basis for the findings. This shall be in the form of a written report provided to both parties.
(E) Voluntary Compliance. Upon determining that a violation has occurred, the TERO Director shall contact the employer to achieve voluntary compliance with the Act. Compliance by the employer may include, but is not limited to, (1) agreement to change the employer’s policies or procedures; (2) where possible, reversing the action that is the subject of the complaint; or (3) disciplinary action against the employees responsible for causing the violation.
(F) Issuance of Noncompliance Order. If the parties are unable to resolve the dispute, the TERO Director shall issue a noncompliance order. The noncompliance order shall set forth in writing the nature of the violations; the penalties, sanctions, and remedies necessary to achieve compliance with the Act. The order shall provide that the employer shall either comply with or appeal the order to the TERO Commission within thirty (30) days of the effective date of the order. If the TERO Director has reason to believe that irreparable harm would result, the TERO Director may require that compliance occur within a shorter amount of time.
(G) Failure to Comply. If the employer fails to or refuses to comply and has not appealed the noncompliance order to the Commission within the thirty (30) day period, the employer shall lose all rights to challenge or appeal the order thereafter.
(H) Service. Service of any documents required under this Act shall be sufficient if accomplished by personal delivery, electronic mail, or regular U.S. mail.