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(a) Authority. The Agency is authorized to take appropriate steps to enforce and coordinate enforcement of this Article 33F , including the investigation of any possible violations of this Article.
(b) Determination of Violation and Penalties.
(1) Where the Agency has reason to believe that a violation has occurred, it may order any appropriate temporary or interim relief to mitigate the violation or maintain the status quo pending completion of a full investigation, provided, however, that during the first three months following the operative date of this Article 33F , the Agency shall not order any relief but may issue warnings and notices to correct.
(2) After investigating a possible violation of this Article 33F , and providing the Employer, Incumbent Employer or Successor Employer the opportunity to respond to the allegations, if the Agency determines that a violation has occurred, it may issue a Determination of Violation. The Determination of Violation shall identify the violation and the factual basis for the determination. The Agency shall serve the Determination of Violation on the Employer, Incumbent Employer or Successor Employer by United States mail and the date of service shall be the date of mailing. In the Determination of Violation, the Agency may order any appropriate relief, provided, however, that during the first three months following the operative date of this Article 33F , the Agency shall issue only warnings and notices to correct. Thereafter, the Agency may order relief including, but not limited to, requiring a Formula Retail Employer to offer additional hours of work to Part-time Employees as required under Section 3300F.3, reinstatement, payment of lost wages to the Eligible Employee or person whose rights under this Article were violated, and the payment of an additional sum as an administrative penalty that does not exceed the amount of the award for lost wages. To compensate the City for the costs of investigating and remedying the violation, the Agency may also order the violating Employer, Incumbent Employer or Successor Employer to pay to the City an amount that does not exceed its enforcement costs.
(c) Appeal Procedure. An Employer, Incumbent Employer or Successor Employer may appeal from a Determination of Violation in accordance with the following procedures:
(1) Any appeal from a Determination of Violation (referred to in this subsection (c) as "Appeal") shall be filed in writing by the party filing the Appeal (referred to as "Appellant") within 15 days of the date of service of the Determination of Violation. Appellant shall file the Appeal with the City Controller and serve a copy on the Agency. Failure by the Appellant to submit a timely, written Appeal shall constitute concession to the violation, and the violation shall be deemed final upon expiration of the 15-day period.
(2) Following the filing of the Appeal and service of a copy on the Agency, the Agency shall promptly afford Appellant an opportunity to meet and confer in good faith regarding possible resolution of the Determination of Violation in advance of further proceedings under this subsection (c), with the intention that such meeting occur within 30 days of the date the Appeal is filed if feasible.
(3) After the expiration of 30 days following the date the Appeal is filed, any party may request in writing, with concurrent notice to all other parties, that the Controller appoint a hearing officer to hear and decide the appeal. If no party requests appointment of a hearing officer, the Notice of Violation shall be deemed final on the 60th day after the date the Appeal is filed.
(4) Within 15 days of receiving a written request for appointment of a hearing officer, the Controller shall appoint an impartial hearing officer who is not part of the Agency and immediately notify the Agency and Appellant, and their respective counsel or authorized representative if any, of the appointment. The appointed hearing officer shall be an Administrative Law Judge with not fewer than two years' experience in labor or employment law and/or wage and hour matters, or an attorney with not fewer than five years' experience in labor or employment law and/or wage and hour matters.
(5) The hearing officer shall promptly set a date for a hearing. The hearing must commence within 45 days of the date of the Controller's notice of appointment of the hearing officer, and conclude within 75 days of such notice. The hearing officer shall conduct a fair and impartial evidentiary hearing in conformance with the time limitations set forth in this subsection (c)(5) and in any applicable rules and regulations, so as to avoid undue delay in the resolution of any Appeal. The hearing officer shall have the discretion to extend the times under this subsection (c)(5), and any time requirements under any applicable rules and regulations, only upon a determination of good cause.
(6) Appellant shall have the burden of proving by a preponderance of the evidence that the basis for the Determination of Violation, and/or the amount of lost wages, interest, or penalty payments at issue in the Appeal, is incorrect.
(7) Within 30 days of the conclusion of the hearing, the hearing officer shall issue a written decision affirming, modifying, or dismissing the Determination of Violation. The decision of the hearing officer shall consist of findings and a determination. The hearing officer's findings and determination shall be the final administrative determination.
(8) Appellant may appeal a final administrative determination only by filing in San Francisco Superior Court a petition for a writ of mandate under California Code of Civil Procedure, section 1094.5, et seq., as applicable and as may be amended from time to time.
(9) Failure to appeal a Determination of Violation shall constitute a failure to exhaust administrative remedies, which shall serve as a complete defense to any petition or claim brought by the Employer, Incumbent Employer or Successor Employer against the City regarding the Agency's Determination of Violation.
(10) A Property Services Contractor, and an Employer that has a contract with the Property Services Contractor, shall be jointly and severally liable for all amounts due pursuant to a Determination of Violation finding a violation by the Property Services Contractor under this Article or a court judgment thereon. The Agency shall first exhaust all reasonable remedies to collect the amount due from the Property Services Contractor before pursuing the claim against the Employer.
(d) Compliance. Where prompt compliance with a Determination of Violation is not forthcoming, the Agency may take any appropriate enforcement action to secure compliance, including referring the action to the City Attorney to consider initiating a civil action pursuant to Section 3300F.12.
(e) Reporting Violations. An Employee or Eligible Employee or any individual who has reason to believe that a violation of this Article has occurred may report to the Agency any suspected violation of this Article. The Agency shall encourage reporting pursuant to this subsection (e) by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the individual reporting the suspected violation; provided, however, that with the authorization of the reporting individual, the Agency may disclose his or her name and identifying information as necessary to enforce this Article or for other appropriate purposes.