Director of division of labor standards and statistics - powers and duties - public records - filing final orders - rules - definition

8-12-115. Director of division of labor standards and statistics - powers and duties - public records - filing final orders - rules - definition. (1) The director shall enforce the provisions of this article. (2) The director shall take the necessary steps to inform employers, school authorities, and the general public regarding the provisions of this article, and he shall work with other public and private agencies to minimize the obstacles to legitimate employment of minors. (3) (a) The director shall receive and investigate complaints and may from time to time visit employers at reasonable times and inspect pertinent records to determine compliance with this article 12. (b) For the purpose of investigating a violation of this article 12, the director may apply the information-gathering authorizations described in article 1 of this title 8 to an employer, an employee, or other person. (4) (a) If investigation of any place of employment or complaint discloses a violation of this article 12, the director shall give the employer a written notice of violation describing the violation, ordering monetary or other relief as appropriate, and specifying the provisions of this article 12 that the employer violated. Within thirty-five days after receipt of the notice of violation, the employer may file a written request for an appeal hearing, which shall be conducted in accordance with section 8-4-111.5. (b) At any time after issuance of a final order, the director may order penalties pursuant to section 8-1-140 (2) for each offense. Each day that the conduct constituting the violation is continued after the order is made final, and each minor employed in violation of this article 12, constitutes a separate offense. The order imposing the penalty is final upon issuance, and the penalty is due and payable thirty-five days after the order assessing the penalty is entered, unless prior to that time the order has been modified or a hearing on the penalty has been requested as provided by section 8-4-111.5. (c) The division shall collect all penalties imposed by this section as provided in section 8-1-142 and transmit the collected penalties to the state treasurer. The state treasurer shall deposit the money into the wage theft enforcement fund created in section 8-4-113 (3). (4.5) (a) After twenty days elapse to allow an employer to notify the director of a potential trade secret pursuant to subsection (4.5)(a)(II) of this section, the division shall treat any final order issued for a violation of this article 12 as a public record and shall release the information related to the violation to the public upon request pursuant to the Colorado Open Records Act, part 2 of article 72 of title 24; except that: (I) The division shall redact any identifying information pertaining to a minor worker; and (II) The division shall not release information related to a violation of this article 12 if the director makes a determination that the information is a trade secret. Upon issuing a final order, the director shall notify the employer of the potential release of the information. The employer may, within twenty days after the notification, provide the director with any documentation demonstrating that the information, or specific matters included in the information, is a trade secret. If the director, in the director's discretion, determines that the information, or any portion of the information, is a trade secret, the director shall treat the information as confidential. (b) As used in this subsection (4.5), trade secret has the meaning set forth in section 7-74-102 (4). (5) The findings, orders, and penalties made by the director shall be subject to judicial review pursuant to section 24-4-106, C.R.S. (5.5) (a) The director may, or, at the request of any individual aggrieved by a violation of this article 12, shall, file a certified copy of a final order issued pursuant to this article 12 with the clerk of any court having jurisdiction over the parties at any time after the entry of the order. The director may file one certified copy of the final order for all amounts owed to, or for other relief for, all individuals aggrieved. (b) The clerk of the court shall record the final order in the judgment book of the court and make an entry in the judgment docket. Upon recording, the final order has the effect of and may be executed as a judgment of the court. (c) (I) Upon recording pursuant to subsection (5.5)(b) of this section, the judgment is sufficient to support the issuance of writs of garnishment in the manner provided by law in the case of a judgment that is wholly or partially unsatisfied. (II) The court shall mail a copy of the judgment to all parties to the matter within three days after the director has filed the order with the clerk of the court. (6) The director may apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act prohibited by this article. (7) The director, in accordance with section 24-4-103, C.R.S., shall promulgate rules and regulations more specifically defining the occupations and types of equipment permitted or prohibited by this article. (8) The director may adopt rules as necessary to implement and administer this article 12. Source: L. 71: R&RE, p. 896, � 1. C.R.S. 1963: � 80-6-15. L. 86: (5) and (7) amended, p. 473, � 35, effective July 1. L. 2000: (4) amended, p. 1486, � 1, effective July 1. L. 2024: (3) and (4) amended and (4.5), (5.5), and (8) added, (HB 24-1095), ch. 378, p. 2561, � 1, effective January 1, 2025.