Absentee Shawnee Tribe Employment Rights Ordinance

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(a)Parties Entitled to File Complaint.(1) Director.If the Director has cause to believe that an employer, contractor,subcontractor, or union has failed to comply with the AbsenteeShawnee Tribe Employment Rights Ordinance or any rules,regulations or orders of the Commission, it may file a complaintand notify such party of the alleged violations.(2) Individual Indian.If any Indian believes that an employer has failed to comply withthe Absentee Shawnee Tribe Employment Rights Ordinance orrules, regulations or orders of the Commission, or believes he hasbeen discriminated against by an employer because he is an Indian,he may file a complaint with the Director specifying the allegedviolation. If any employer fires, lays off, or penalizes in anymanner, any Indian employee without just cause and propernotification of the Absentee Shawnee Tribal Employment RightsOffice that employee shall be subject to the penalties provided in§119(f) herein.(3) Employer or Union Complaint Procedure.If an employer or union believes that any provision of theAbsentee Shawnee Tribe Employment Rights Ordinance or anyrules, regulation or order of the Commission is illegal or erroneous,it may file a complaint with the Commission specifying the allegedillegality or error.(a)Contents of Complaint.The complaint shall be in writing and shall provide suchinformation on the form provided and approved by theCommission so that the Director can carry out aninvestigation.[History:]Section 117. Investigations.(a)Investigation Deadline.The Director shall within thirty (30) days of the date on which a complaintis filed, complete an investigation of the complaint unless the Director
equests and is granted an extension by the Commission, and saidextension shall be for no more than thirty (30) days.(b)Investigatory Authority of DirectorThe Director or his delegate may enter, during business hours, the place ofbusiness or employment of any employer for the purpose of suchinvestigations, and may require the covered employer or entity to submitsuch reports as he deems necessary to monitor compliance with therequirements of the Absentee Shawnee Tribe Employment RightsOrdinance §108 herein and any rule or order hereunder. When requestingany reports or other information from a covered employer, the Directorshall request that the covered employer identify all material whichcontains trade secrets or privileged or confidential commercial, financial,or employment information. Any material so identified shall be keptconfidential by the Director unless on the request of the Director or otherinterested party, the Commission determines that the material does notcontain confidential information, the release of which would causeunnecessary or excessive business or financial injury or would invadeindividual privacy. If upon investigation, the Director has reason tobelieve a violation has occurred, he/she shall proceed pursuant to theprovisions of §119 herein.[History:]Section 118. Investigatory Powers of Director and Commission.(a)Power to Require Testimony and Production of Records.For the purpose of investigations or hearings, which in the opinion of theDirector or the Commission, are necessary and proper for the enforcementof this act herein, a Commissioner, the Director, or any field complianceofficer designated by the Director may administer oaths or affirmations,subpoena witnesses, take evidence, and require, by citation, the productionof books, papers, contracts, agreements or other documents, records orinformation which the Director or the Commission deems relevant ormaterial to the inquiry.(b)Confidentiality of Records.Any Tribal, state or federal tax records, trade secrets, or privileged orconfidential commercial, financial, or employment informationsubpoenaed pursuant to this section or used in a compliance hearing orsubsequent appeal to the Tribe’s District Court, shall be confidentialrecords of the Commission or the said Court, shall not be opened to publicinspection, and shall be used only by the Director, the Commission, parties
Page 1 and 2: Absentee Shawnee Tribe Employment R
Page 3 and 4: (h)(i)(j)(k)(l)(m)(n)(o)(p)(q)(r)
Page 5 and 6: (f)(g)(h)Establish programs subject
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Page 15 and 16: Tribe prior to the hearing, he may,
Page 17 and 18: Section 120. Appeals.(a)Manner of T
Page 19 and 20: other private or public entity shal
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Absentee Shawnee Tribe Employment Rights Ordinance

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