Employers shall retain documentation required under this Article for a period of three years from the date of the request for a Flexible or Predictable Working Arrangement, and shall allow the Agency access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this Article. When an issue arises as to an alleged violation of an Employee’s rights under this Article, if the Employer has failed to maintain or retain documentation required under this Article, or does not allow the Agency reasonable access to such records, it shall be presumed that the Employer has violated this Article, absent clear and convincing evidence otherwise.