5.40.040 TERO Officer hearing procedures.
Hearing procedures shall comply with the requirements of due process but not necessarily formal rules of evidence. A covered employer shall be entitled to present evidence and call and question witnesses to demonstrate that it has complied with the requirements of this division or that it has made best efforts to do so and therefore should not be subject to sanctions. On the basis of evidence presented at the hearing, and the information collected by TERO, the TERO Officer shall determine whether or not the covered employer complied with this division.
Within five business days of concluding the hearing, the TERO Officer shall issue a written order. The written order shall:
(a) Contain a brief summary of the investigation and hearing proceedings;
(b) Include findings of fact;
(c) Provide the TERO Officer’s determination of whether the covered employer has complied with this division;
(d) Identify any defenses such as best efforts that may excuse the covered employer’s noncompliance; and
(e) Direct the covered employer to take corrective action as necessary to remedy any harm caused by the noncompliance.
If the TERO Officer determines that the covered employer is out of compliance and such noncompliance is not excused, the TERO Officer by written order shall impose one or more of the sanctions provided for in this division. The TERO Officer shall forward a copy of any order to the Executive Office. [Ord. 58 § 4704, amended, 5/9/2019; Ord. 34 § 4704, adopted, 2/6/2014.]