Title 45, Chapter 19, Section 43
( 45-19-43)
(a) In connection with an investigation of a complaint of an
unlawful practice filed under this article, the administrator or the
administrator's designee shall have access at any reasonable time to
premises, records, and documents relevant to the complaint and shall
have the right to examine, photograph, and copy evidence. (b) Any person subject to this article shall: (1) Make and keep such records as may be prescribed by rules and
regulations of the administrator which are necessary and relevant
to the determination of whether an unlawful practice has been or
is being committed; and (2) Make such reports therefrom as the administrator shall
prescribe by rules and regulations which are reasonable,
necessary, or appropriate for the enforcement of this article or
orders or regulations under this article. (c) If a person fails to permit access, examination, photographing,
or copying or fails to make or keep records or reports as required
by this Code section, the administrator may issue an order requiring
compliance. Upon a failure to comply with the order of the
administrator, the administrator may apply to the superior court for
an order directing compliance. (d) The administrator, by regulation, shall require each person
subject to this article who controls an apprenticeship or other
training program to keep all records reasonably necessary to carry
out the purposes of this article, including, but not limited to, a
list of applicants who wish to participate in such program,
including the chronological order in which such applications were
received. Such records shall be furnished to the administrator upon
the administrator's request. The administrator may also request and
receive a detailed description of the manner in which persons are
selected to participate in the apprenticeship or other training
program. (e) Records and reports required by the administrator under this
Code section shall conform as closely as practicable to similar
records and reports required by federal law and to customary
record-keeping practices. (f) An employer or other person who believes that the application to
them of an order issued under this article would result in undue
hardship may apply to the administrator for relief from the
application of the order. If the administrator finds that the
application of the regulation or order to the employer or person in
question would impose an undue hardship, the administrator may grant
appropriate relief. (g) With respect to a particular employer or person, it is unlawful
without the employer's or the person's consent for the administrator
or an employee of the administrator to make public information
obtained by the administrator or the administrator's employees
pursuant to the administrator's authority under this Code section,
except such information as shall reasonably be necessary to the
conduct of a proceeding under this article. |