64-30. Actions to be taken; hearing.

If, after an investigation, the Commissioner determines that the complaint is not false or frivolous:

(1) If the alleged violation is of G.S. 64-26:

a. The Commissioner shall hold a hearing to determine if a violation of G.S. 64-26 has occurred and, if appropriate, impose civil penalties in accordance with the provisions of this Article.

b. If, during the course of the hearing required by sub-subdivision a. of this subdivision of this section, the Commissioner concludes that there is a reasonable likelihood that an employee is an unauthorized alien, the Commissioner shall notify the following entities of the possible presence of an unauthorized alien:

1. United States Immigration and Customs Enforcement.

2. Local law enforcement agencies.

(2) If the alleged violation is of G.S. 143-133.3, the Commissioner shall hold a hearing to determine if a violation of the applicable statute has occurred and, if appropriate, shall take action under G.S. 64-33.1. (2011-263, s. 3; 2015-294, s. 6.)