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<section xmlns="https://code.dccouncil.us/schemas/dc-library" xmlns:codified="https://code.dccouncil.us/schemas/codified" xmlns:codify="https://code.dccouncil.us/schemas/codify" xmlns:xi="http://www.w3.org/2001/XInclude" containing-doc="D.C. Code">
  <num>32-1231.07</num>
  <heading>Administrative enforcement by DOES.</heading>
  <para>
    <num>(a)</num>
    <text>An employee who claims that an employer has violated the employee's right under this chapter and seeks redress shall file a complaint with DOES.</text>
  </para>
  <para>
    <num>(b)</num>
    <text>The DOES, which shall administer this chapter, shall establish administrative procedures for an aggrieved person to file a complaint against the employer alleged to have violated this chapter, which shall include:</text>
    <para>
      <num>(1)</num>
      <text>An investigation of the complaint and an attempt to resolve the complaint by conference or mediation;</text>
    </para>
    <para>
      <num>(2)</num>
      <text>If the complaint is not resolved, a determination on the existence of probable cause to believe a violation of this chapter has occurred;</text>
    </para>
    <para>
      <num>(3)</num>
      <text>If it is determined probable cause exists, the issuance and service of a written notice and a copy of the complaint to the employer alleged to have violated this chapter that requires the employer to answer the charges of the complaint at a hearing before DOES, the procedures of which shall be established by rule; and</text>
    </para>
    <para>
      <num>(4)</num>
      <text>The right of the employee to have an attorney authorized to practice law in the District of Columbia and retained by the employee present at the hearing.</text>
    </para>
  </para>
  <para>
    <num>(c)</num>
    <text>If DOES determines, after its hearing, that the employer has violated any provision of this chapter, DOES shall order the employer to provide affirmative remedies including:</text>
    <para>
      <num>(1)</num>
      <text>Back pay for lost wages resulting from the employer's violation of this chapter;</text>
    </para>
    <para>
      <num>(2)</num>
      <text>Reinstatement or other injunctive relief; and</text>
    </para>
    <para>
      <num>(3)</num>
      <text>Reasonable attorney's fees and costs of enforcement.</text>
    </para>
  </para>
  <para>
    <num>(d)</num>
    <para>
      <num>(1)</num>
      <text>To compensate the District for the costs of investigating and remedying a violation, DOES may also order the employer to pay to the District a penalty of not more than $ 500 for each day or portion thereof that the violation continues for each employee against whom the violation occurred or continues.</text>
    </para>
    <para>
      <num>(2)</num>
      <text>The funds recovered by the District under this subsection shall be deposited in the Pregnant Workers Protection Fund established by <cite path="§32-1231.12">§ 32-1231.12</cite>.</text>
    </para>
  </para>
  <para>
    <num>(e)</num>
    <para>
      <num>(1)</num>
      <text>Subject to paragraph (2) of this subsection, if an employer is determined to not be in compliance with this chapter, DOES shall take any appropriate enforcement action to secure compliance, including initiating a civil action following review by the Office of Administrative Hearings, and, except where prohibited by another law, revoking or suspending any registration certificates, permits, or licenses held or requested by the employer until the violation is remedied.</text>
    </para>
    <para>
      <num>(2)</num>
      <text>Before DOES may take action regarding a suspension or revocation of a registration certificate, permit, or license, the employer shall have the opportunity to request a hearing pursuant to <cite path="2|5|I">subchapter I of Chapter 5 of Title 2</cite> [<cite path="§2-501">§ 2-501</cite> et seq.].</text>
    </para>
  </para>
  <annotations>
    <annotation doc="D.C. Law 20-168" type="History" path="§8">Mar. 3, 2015, D.C. Law 20-168, § 8, 61 DCR 11368</annotation>
  </annotations>
</section>
