§ 32–1071.04. Enforcement.

(a) A hiring entity or referral agency determined to have violated one or more requirements of § 32-1071.02 shall be liable for penalties and relief as specified in this section.

(b)(1) The Mayor and Attorney General shall administer and enforce this chapter consistent with their respective powers and rights under § 32-1306(a), (a-1), (b), and (c).

(2)(A) Any records a hiring entity or referral agency maintains pursuant to the requirements of this chapter or regulations issued pursuant to this chapter shall be open to and made available for inspection or transcription by the Mayor, the Mayor's authorized representative, or the Office of the Attorney General upon demand at any reasonable time. A hiring entity or referral agency shall furnish to the Mayor, the Mayor's authorized representative, or the Office of the Attorney General on demand a sworn statement of records and information on forms prescribed or approved by the Mayor or Attorney General.

(B) No individual may be found to be in violation of subparagraph (A) of this paragraph unless the individual has had an opportunity to challenge the Mayor or Attorney General's demand before a judge, including an administrative law judge.

(3) Except as provided for in rules issued pursuant to this chapter, the Mayor or Attorney General shall not require a domestic worker to disclose the domestic worker's immigration status in order to enforce this chapter.

(c)(1) The Mayor may assess an administrative penalty of no less than $250 for each violation of § 32-1071.02(a) through (d), and (f) and an administrative penalty of no less than $500 for each violation of § 32-1071.02(e).

(2) The Mayor may not collect an administrative penalty under this subsection unless the Mayor has provided the hiring entity or referral agency alleged to have violated § 32-1071.02 with notification of the violation, notification of the amount of the administrative penalty to be imposed, and an opportunity to request a formal hearing held pursuant to Chapter 5 of Title 2 and § 32-1308.01(e).

(d)(1) A domestic worker aggrieved by a hiring entity's violation of § 32-1071.02(a) through (e) may pursue relief by filing:

(A) An administrative complaint with the Mayor setting forth facts minimally sufficient to allege a violation of this chapter; or

(B) A civil action against the hiring entity in a court of competent jurisdiction. In such action, a plaintiff shall carry the burden of proof by a preponderance of evidence.

(2)(A) The procedures set forth in § 32-1308.01, except for subsection (e)(4) and (5), shall govern the conciliation, resolution, and enforcement of an administrative complaint that a domestic worker files pursuant to paragraph (1)(A) of this subsection.

(B) At any time before making a final determination of whether a violation of § 32-1071.02 has occurred, the Mayor may:

(i) Provide a hiring entity alleged to have failed to comply with one or more of the requirements of § 32-1071.02 with 15 calendar days to cure defects in the form or terms of the services contract if curing such defects would resolve the violation of § 32-1071.02; or

(ii) With the consent of the complainant, suspend investigation of the complaint while attempting to mediate the dispute.

(3) Section 32-1308 shall apply to any civil action that a domestic worker files pursuant to paragraph (1)(B) of this subsection.

(e) Upon investigation by the Mayor pursuant to subsection (b) of this section or in an action to enforce this chapter pursuant to subsection (d) of this section, in addition to administrative penalties authorized pursuant to subsection (c) of this section, a hiring entity found to have violated:

(1) Any requirement of § 32-1071.02(a) through (d) shall be liable for relief payable to each domestic worker subject to each violation in an amount not less than $250; and

(2) Section 32-1071.02(e) shall be liable for relief payable to each domestic worker subject to retaliation in an amount not less than $500 for each instance of retaliation.

(f) Appeals of any administrative order issued under this section shall be made to the District of Columbia Court of Appeals, as provided in § 2-510.

(g) The rights, remedies, and prohibitions accorded by the provisions of this chapter are in addition to and cumulative of any right, remedy, or prohibition accorded by the common law, federal law, or any District statute, and nothing contained in this chapter shall be construed to deny, abrogate, or impair any such common law or statutory right, remedy, or prohibition.