month time period, Primary Point had closed. According to Mr. McNeil’s testimony, since Primary Point is no longer in operation and has no agent in the Commonwealth, the Secretary of State’s office has requested that he dissolve the corporation. The statute allows me to modify the citation, but the evidence is too undeveloped to allow me to make a supportable finding as to the total hours of Ms. Peterson’s unpaid work. There is not sufficient evidence that Ms. Peterson had been working on the days she was absent from the office. I am inclined to accept Mr. McNeil’s assertion that Ms. Peterson generated no new revenue to Primary Point. As I noted earlier, the governing statute provides that an Administrative Magistrate who hears an appeal from a citation for violating state labor laws on timely payment to employees affirm [the citation] or if the aggrieved person demonstrates by a preponderance of “may evidence that the citation or order was erroneously issued, vacate, or modify the citation.” G. L. c. 149, § 27C(b)(4). The Petitioners have established by a preponderance of the evidence that the citation issued them by the OAG for failure to pay $5,100.00 wages to Marca Peterson was erroneously issued. Now that I have determined that the citation was erroneously issued, I may not affirm it; I may only vacate or modify it. G. L. c. 149, § 27C(b)(4). Because the evidence is insufficient to show any particular of unpaid wages, I have no basis on which to modify the citation. Accordingly, I conclude that the citation cannot be modified and must therefore be vacated. ORDER Citation as issued by the Attorney General’s Fair Labor Division, ordering Spencer McNeil and Primary Point, Inc. to pay $5,100.00 in restitution and a $1,100
month time period, Primary Point had closed. According to Mr. McNeil’s testimony, since Primary Point is no longer in operation and has no agent in the Commonwealth, the Secretary of State’s office has requested that he dissolve the corporation. The statute allows me to modify the citation, but the evidence is too undeveloped to allow me to make a supportable finding as to the total hours of Ms. Peterson’s unpaid work. There is not sufficient evidence that Ms. Peterson had been working on the days she was absent from the office. I am inclined to accept Mr. McNeil’s assertion that Ms. Peterson generated no new revenue to Primary Point. As I noted earlier, the governing statute provides that an Administrative Magistrate who hears an appeal from a citation for violating state labor laws on timely payment to employees “may affirm [the citation] or if the aggrieved person demonstrates by a preponderance of evidence that the citation or order was erroneously issued, vacate, or modify the citation.” G. L. c. 149, § 27C(b)(4). The Petitioners have established by a preponderance of the evidence that the citation issued them by the OAG for failure to pay $5,100.00 wages to Marca Peterson was erroneously issued. Now that I have determined that the citation was erroneously issued, I may not affirm it; I may only vacate or modify it. G. L. c. 149, § 27C(b)(4). Because the evidence is insufficient to show any particular of unpaid wages, I have no basis on which to modify the citation. Accordingly, I conclude that the citation cannot be modified and must therefore be vacated. ORDER Citation as issued by the Attorney General’s Fair Labor Division, ordering Spencer McNeil and Primary Point, Inc. to pay $5,100.00 in restitution and a $1,100