§ 95-25.16. Enforcement. - North Carolina Statutes

§95‑25.16.  Enforcement.

(a)        The Commissionershall enforce and administer the provisions of this Article, and theCommissioner or his authorized representative is empowered to hold hearings andto institute criminal and civil proceedings hereunder.

(b)        The Commissioner orhis authorized representative shall have power to administer oaths and examinewitnesses, issue subpoenas, compel the attendance of witnesses and theproduction of papers, books, accounts, records, payrolls, documents, and takedepositions and affidavits in any proceeding hereunder.

(c)        The Commissioner isempowered to enter into reciprocal agreements with the labor department orcorresponding agency of any other state or with the person, board, officer, orcommission authorized to act on behalf of the department or agency, for thecollection in the other state of claims and judgments for wages based uponinvestigations and findings made by the Commissioner or his authorizedrepresentative.

The Commissioner may, to theextent provided for by any reciprocal agreement entered into by law or with anagency of another state, as provided in this section, maintain actions in thecourts of any other state for the collection of claims or judgments for wagesand may assign the claims and judgments to the labor department or agency ofthe other state for collection to the extent that such an assignment may bepermitted or provided for by the law of that state or by reciprocal agreement.

Except as provided insubsection (d) of this section, the Commissioner may, upon the written consentof the labor department or corresponding agency of any other state or of anyperson, board, officer, or commission authorized to act on behalf of thedepartment or agency, maintain actions in the courts of this State uponassigned claims and judgments for wages arising in the other state in the samemanner and to the same extent that these actions by the Commissioner areauthorized when arising in this State.

(d)        Subsection (c) ofthis section applies only to those states that extend comity to this State. (1937,c. 317, s. 19; c. 409, s. 7; 1971, c. 1231, s. 2; 1973, c. 649, s. 4; 1975, c.473, s. 9; c. 475; 1979, c. 839, s. 1; 1989, c. 687, s. 3.)