State Codes and Statutes

Statutes > Arkansas > Title-22 > Chapter-9 > Subchapter-3 > 22-9-306

22-9-306. Powers of Department of Labor.

(a) (1) The Director of the Department of Labor or his or her authorized representatives shall have authority to:

(A) Administer oaths;

(B) Take, or cause to be taken, the depositions of witnesses; and

(C) Require by subpoena the attendance and testimony of witnesses and the production of all books, records, and other evidence relative to any matter under investigation or hearing.

(2) The subpoena shall be signed and issued by the Department of Labor's authorized representative.

(3) In case of failure of any person to comply with any subpoena lawfully issued under this section or upon the refusal of any witness to produce evidence or to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of any circuit court or the judge thereof, upon application of the department's authorized representative, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued by the court or a refusal to testify therein.

(b) The director or his or her authorized representatives shall have authority to enter and inspect any construction site, place of business, or place of employment of any public body or any contractor or any subcontractor doing public works for the purpose of examining, inspecting, and copying any or all books, registers, payrolls, and other records as he or she may deem necessary or appropriate, and questioning employees, for the purpose of ascertaining compliance with the provisions of this subchapter and regulations issued thereunder.

(c) The director or his or her authorized representatives shall have authority to require from any contractor or subcontractor doing public works full and correct statements in writing, including sworn statements, with respect to wages, hours, names, addresses, occupations, and such other information pertaining to his or her employees as the director or his or her authorized representative may deem necessary or appropriate.

(d) The authorized representative of the department shall have the power to certify to official acts.

(e) (1) The director is authorized to institute legal action in the name of the State of Arkansas, without paying costs or giving bond for costs, to recover any wages which he or she determines to be due to employees or workers under this subchapter. No legal action shall be brought by the director until after notice and opportunity for hearing pursuant to the Arkansas Administrative Procedure Act, 25-15-201 et seq., and entry of a final administrative order. Following any appeals taken pursuant to the Administrative Procedure Act, 25-15-201 et seq., the director shall be entitled to enforce his or her final administrative order in any court of competent jurisdiction. The director's findings of fact shall be conclusive in any such proceeding.

(2) The director, if successful, shall be entitled to attorney's fees. Such sums shall be placed in the General Revenue Fund Account of the State Apportionment Fund.

(3) Nothing in this subsection shall be construed so as to relieve an unsuccessful defendant from paying costs.

(f) The director or his or her authorized representatives shall have the authority to:

(1) Investigate as to any violation of this subchapter and the regulations issued thereunder;

(2) Institute actions for the penalties prescribed in this subchapter;

(3) Institute legal action to recover any wages which he or she determines to be due to employees or workers under this subchapter;

(4) Seek injunctive relief; and

(5) Enforce generally the provisions of this subchapter and the regulations issued thereunder.