House Amendment 1
H 3605 - Session 125 (2023-2024)
Earn and Learn Act of 2023

The Committee on Labor, Commerce and Industry proposes the following amendment (LC-3605.PH0002H):

Amend the bill, as and if amended, SECTION 1, by striking Section 40-1-80(B)(1) and (2) and inserting:

(1) a letter advising the licensee that a complaint has been filed and that an investigation has been initiated and a request that the licensee respond in writing in fourteen days;

(2) a copy of the complaint;

(3) the name of the complainant, unless the board believes good cause exists to withhold the name of the complainant; and

(4) all materials filed with the complaint.

Amend the bill further, SECTION 1, by deleting Section 40-1-80(D).

Amend the bill further, by deleting SECTION 2.

Amend the bill further, SECTION 3, by striking Section 40-1-90(A) and inserting:

(A) The director shall review any case that the Board recommends for a formal complaint to ensure the Department mailed the notice of the investigation to the licensee and provided the licensee with opportunity to respond. This shall occur before the formal complaint is issued. The Director shall verify that:

(1) the Department mailed a copy of the complaint to the licensee;

(2) the name of the complainant was provided to the licensee, unless good cause existed to withhold the name of the complainant;

(3) the licensee was notified of the opportunity to provide a response to the complaint; and

(4) the licensee's response was included and considered in the investigative file.

If the Director determines that any of these procedural steps were not followed in the investigative process, the issuance of the formal complaint shall be held until such time as the procedural defects may be rectified. Nothing in this section should be construed to require the Director's review if a case is disposed of by any means other than issuance of a formal complaint.