§ 32–1051.10. Hearing before administrative law judge.

(a) Within 30 days after the issuance of the initial determination or administrative order, other than an administrative order issued pursuant to § 32-1051.09, either party may file for a formal hearing before an administrative law judge.

(b)(1) An administrative law judge shall:

(A) Except as provided in paragraph (2) of this subsection, schedule a hearing within 30 days after the date a request for the hearing was filed;

(B) Provide notice to the parties of the time and place of the hearing; and

(2) The administrative law judge may grant each party one discretionary continuance due to hardship or a scheduling conflict of up to 15 days, and any other request for good cause only.

(c)(1) If a respondent does not appear after having received notice of the hearing pursuant to this section, the administrative law judge shall proceed to hear proof of the complaint and render judgment accordingly.

(2) If a complainant does not appear after having received notice of the hearing pursuant to this section, the administrative law judge shall dismiss the complaint without prejudice.

(d)(1) The parties may:

(A) Appear at the hearing with or without counsel;

(B) Submit evidence;

(D) Obtain the issuance of subpoenas; and

(E) Otherwise be heard.

(2) Testimony taken at the hearing, or given and received by telephone, shall be under oath, and a transcript shall be made available at cost to any individual, unless the case is sealed.

(3) The burden of proof by a preponderance of the evidence shall rest upon the complainant, but shall shift to the respondent if:

(A) A respondent failed to keep records of a covered employee's schedule of hours and hours worked, or records of the covered employee's compensation provided to the covered employee are:

(i) Imprecise;

(ii) Inadequate;

(iii) Missing;

(iv) Fraudulently prepared or presented; or

(v) Substantially incomplete; and

(B) A complainant presents evidence to show, as a matter of just and reasonable inference, as determined by the judge, the hours the complainant was scheduled and amount of work done.

(4)(A) If the burden of proof shifts to the respondent pursuant to paragraph 3 of this subsection, the respondent shall present compelling evidence:

(i) Of an exemption from applicability of the minimum work week required by this chapter; and

(ii) To negate the reasonableness of the inferences drawn from the complainant's evidence.

(B) If the respondent fails to meet the burden of proof, as required by subparagraph (A) of this paragraph, the administrative law judge shall award damages to the complainant based on the complainant's evidence and may award approximate damages as necessary.

(e)(1) Within 30 days after the conclusion of the hearing, the administrative law judge shall issue:

(A) A decision setting forth a brief summary of the evidence considered, findings of fact, and conclusions of law; and

(B) An order detailing the determined relief.

(2)(A) Relief may include:

(i) All wages the covered employer would have paid the covered employee had the covered employer complied with this chapter;

(ii) Compensation;

(iii) Reasonable attorneys' fees and costs; and

(iv) Liquidated damages.

(B) An administrative law judge may award in liquidated damages an amount of up to treble the amount of owed wages.

(3) The decision and order of the administrative law judge shall be a final administrative ruling. It shall be enforceable in a court of competent jurisdiction and reviewable as provided by applicable law.