a. Complaint. A freelance worker who is aggrieved by a violation of this chapter may file a complaint with the commissioner within two years after the acts alleged to have violated this chapter occurred. The commissioner shall prescribe the form of the complaint, which shall include, at a minimum:
1. The name and mailing address of the freelance worker and of the hiring party alleged to have violated this chapter;
2. A statement detailing the terms of the freelance contract, including a copy of such contract if available;
3. The freelance worker's occupation;
4. A statement detailing the alleged violations of this chapter; and
5. A signed affirmation that all facts alleged in the complaint are true.
b. Referral to navigation program. At the time the commissioner receives a complaint alleging a violation of this chapter, the commissioner shall refer the freelance worker to the navigation program identified in section 20-932.
c. Jurisdiction.
1. The commissioner does not have jurisdiction over a complaint if:
(a) Either party to the contract has initiated a civil action in a court of competent jurisdiction alleging a violation of this chapter or a breach of contract arising out of the contract that is the subject of the complaint filed under subdivision a of this section, unless such civil action has been dismissed without prejudice to future claims; or
(b) Either party to the contract has filed a claim or complaint before any administrative agency under any local, state or federal law alleging a breach of contract that is the subject of the complaint filed under subdivision a of this section, unless the administrative claim or complaint has been withdrawn or dismissed without prejudice to future claims.
2. Where the commissioner lacks jurisdiction over a complaint, the commissioner shall notify the following, in writing, within 10 days of discovering the lack of jurisdiction:
(a) The freelance worker; and
(b) The hiring party, if the director discovered the lack of jurisdiction after sending a notice to the hiring party pursuant to subdivision d of this section.
d. Notice to hiring party. Within 20 days of receiving a complaint alleging a violation of this chapter, the commissioner shall send the hiring party named in the complaint a written notice of complaint. Such notice shall inform the hiring party that a complaint has been filed alleging violations of this chapter, detail the remedies available to a freelance worker for violations of this chapter by a hiring party and include a copy of the complaint and notice that failure to respond to the complaint creates a rebuttable presumption in any civil action commenced pursuant to this chapter that the hiring party committed the violations alleged in the complaint. The commissioner shall send such notice by certified mail and shall bear the cost of sending such notice.
e. Response.
1. Within 20 days of receiving the notice of complaint, the hiring party identified in the complaint shall send the commissioner one of the following:
(a) A written statement that the freelance worker has been paid in full and proof of such payment; or
(b) A written statement that the freelance worker has not been paid in full and the reasons for the failure to provide such payment.
2. Within 20 days of receiving the written response, the commissioner shall send the freelance worker a copy of:
(a) The response;
(b) Any enclosures submitted to the commissioner with the response;
(c) Materials informing the freelance worker that he or she may bring an action in a court of competent jurisdiction;
(d) Any other information about the status of the complaint; and
(e) Information about the navigation program described in section 20-932.
3. If the commissioner receives no response to the notice of complaint within the time provided by paragraph 1 of this subdivision, the commissioner shall mail a notice of non-response to both the freelance worker and the hiring party by regular mail and shall include with such notice proof that the commissioner previously mailed the notice of complaint to the hiring party by certified mail. Upon satisfying the requirements of this paragraph, the commissioner may close the case.
(L.L. 2016/140, 11/16/2016, eff. 5/15/2017; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/140 and L.L. 2020/080.