§ 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.)