§210.1040. Informal Investigative Conference on the Assessment of Underpayments, Penalties, and Punitive Damages

a)         The Director shall make an initial determination with respect to the legal and factual merits of an "Exception to Underpayment, Penalties, and Punitive Damages". If the exception presents a reasonable issue of law or fact, a duly authorized representative of the Director may convene an informal investigative conference for purposes of obtaining evidence and identifying the issues in dispute, pursuant to the procedures set forth in Subpart I, Sections 210.910 through 210.950 of this Part.

 

b)         As a result of an informal investigative conference, the Director may reevaluate the Compliance Officer's findings and modify the underpayment, penalties, and punitive damages assessment accordingly.

 

c)         If the employer remits payment of the modified assessment of the underpayment, penalties, and punitive damages, pursuant to the procedures set forth in Section 210.1030(a) of this Subpart, if any is due, the Director will not take additional administrative or judicial action under the Act against the employer solely related to the particular Minimum Wage Law investigation at issue.

 

d)         If the exception is denied, the Director will notify the party who filed the request of his/her findings in writing.