1. (a) If the attorney general determines that probable cause exists that an employer has violated section 7 of this chapter at any point in the preceding three (3) year period or has violated the terms of its probationary status under section 9(c) of this chapter, the attorney general is, except as provided in subsection (b), authorized to bring an action against the employer to enjoin the violation and for other relief authorized by section 9 of this chapter.

2. (b) In the case of an employer that has never previously been found under section 9 of this chapter to have committed a violation of section 7 of this chapter and has never previously submitted to the attorney general an affidavit under subsection (c), the attorney general shall provide the employer notice of the attorney general's probable cause determination before the attorney general initiates an action under subsection (a). If, within fifteen (15) business days of receiving the attorney general's notice, the employer either:

   1. (1) provides evidence to the attorney general that the employer has engaged in reasonable diligence to confirm the work eligibility of the employer's employees and that the employer has not committed a violation of section 7 of this chapter; or

   2. (2) submits to the attorney general an affidavit under subsection (c);

      the attorney general may not initiate an action under subsection (a).

3. (c) An employer described in subsection (b) that receives notice of the attorney general's probable cause determination under subsection
4. (b) may, within fifteen (15) business days of receiving the notice, submit to the attorney general an affidavit signed by an authorized representative attesting that the employer has terminated the employment of any and all unauthorized aliens, engaged in reasonable diligence to confirm the work eligibility of all of its employees, and will not knowingly employ any unauthorized aliens in the future.

As added by P.L.106-2026, SEC.16.