Section 610IAC11-1-4. Review and investigation of complaints

   (a) The department shall review each complaint to determine if it complies with section 3 of this rule and states facts alleging a possible violation.

  (b) If the department determines that the complaint does not:

(1) state facts alleging a violation; or

(2) comply with the requirements in section 3 of this rule;

the department may close its file without further investigation and shall notify the individual who filed the complaint that the complaint is closed. This determination shall not be binding or preclusive in any other forum available to the employee.

  (c) If the department determines that the complaint warrants further investigation, the department shall notify the respondent that a complaint has been filed and provide the respondent with the substance of the complaint. The respondent may submit a written response to the complaint. Any response must be submitted within thirty (30) days of the date the department notifies the respondent that a complaint has been filed.

  (d) In conducting its investigation, the department shall inspect records provided by the respondent and complainant. The department may review additional information or conduct interviews of:

(1) the employer;

(2) the complainant; or

(3) other witnesses.

(Department of Labor; 610 IAC 11-1-4; filed Aug 3, 2012, 1:38 p.m.: 20120829-IR-610120190FRA, eff Sep 12, 2012)