64-30. Actions to be taken; hearing.
If, after an investigation, the Commissioner determines that the complaint is not false or frivolous:
(1) If the alleged violation is of G.S. 64-26:
a. The Commissioner shall hold a hearing to determine if a violation of G.S. 64-26 has occurred and, if appropriate, impose civil penalties in accordance with the provisions of this Article.
b. If, during the course of the hearing required by sub-subdivision a. of this subdivision of this section, the Commissioner concludes that there is a reasonable likelihood that an employee is an unauthorized alien, the Commissioner shall notify the following entities of the possible presence of an unauthorized alien:
1. United States Immigration and Customs Enforcement.
2. Local law enforcement agencies.
(2) If the alleged violation is of G.S. 143-133.3, the Commissioner shall hold a hearing to determine if a violation of the applicable statute has occurred and, if appropriate, shall take action under G.S. 64-33.1. (2011-263, s. 3; 2015-294, s. 6.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Verification of Work Authorization.
§ 64-26 - Verification of employee work authorization.
§ 64-27 - Commissioner of Labor to prepare complaint form.
§ 64-28 - Reporting of complaints.
§ 64-29 - Investigation of complaints.
§ 64-30 - Actions to be taken; hearing.
§ 64-31 - Consequences of first violation of G.S64-26.
§ 64-32 - Consequences of second violation of G.S64-26.
§ 64-33 - Consequences of third or subsequent violation of G.S64-26.
§ 64-33.1 - Consequences of violation of G.S143-133.3.
§ 64-34 - Commissioner to maintain copies of orders.
§ 64-35 - Work authorization shall be verified through the federal government.
§ 64-36 - Appeal of Commissioner's order.
§ 64-38 - Article does not require action that is contrary to federal or State law.