(a) Covered Employers shall retain records documenting Supplemental Compensation paid to employees as required by this Article 14, for a period of three years, 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 14.
(b) When an issue arises as to an employee’s entitlement to Supplemental Compensation under this Article 14, if the Covered Employer does not maintain or retain adequate records documenting Supplemental Compensation paid to the employee, 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.