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

(1) If the alleged violation is of N.C. Gen. Stat. § 64-26:

a. The Commissioner shall hold a hearing to determine if a violation of N.C. Gen. Stat. § 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.

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Terms Used In North Carolina General Statutes 64-30

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Statute: A law passed by a legislature.
  • United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3

(2) If the alleged violation is of N.C. Gen. Stat. § 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 N.C. Gen. Stat. § 64-33.1 (2011-263, s. 3; 2015-294, s. 6.)