§ 2-253.02. Enforcement.

(a)

It shall be the responsibility of the agency awarding the contract to promptly examine all weekly project payrolls submitted by contractors and subcontractors working upon the job site for compliance with the provisions of this Division and the regulations promulgated in pursuance thereof and to report any irregularities to the Board that the employer has failed to correct.

(b)

The Board shall determine whether there has been compliance with the provisions of this Division and the regulations promulgated thereunder, and contained in the contract. The contractor and subcontractors shall permit representatives or designees of the Board to observe work being performed upon the work site, to interview employees and to examine the books and records relating to the payrolls on the project to determine the correctness of classifications, ratios of apprentices to journeymen and payment of proper regular and overtime rates as required. Complaints of alleged violations shall be investigated promptly and statements, written or oral, made by an employee shall be treated as confidential and shall not be disclosed to his employer without the consent of the employee.

(c)

If the Board determines that any of the provisions of this Division may have been violated, the Board shall immediately notify the public body interested, which shall withhold payment on account thereof, due the contractor or the subcontractor constructing said public works in an amount sufficient:

(1)

To pay the workmen and apprentices employed by the contractor or any subcontractor the full amount of wages required by the provisions of this Division; and

(2)

To satisfy any liability of any contractor for liquidated damages as provided herein, pending a final determination.

(d)

Within thirty (30) days after an investigation has been completed, the Board shall advise in writing the interested contractors or subcontractors of its findings and their right to a hearing with respect to the matters complained of. The Board in such a hearing shall be deemed to be acting in a quasi-judicial capacity and shall have the right to issue subpoenas, administer oaths, and examine witnesses. The hearing shall be expeditiously conducted, and upon such hearing, the Board shall determine the issues thereon and shall make and file an order in its office stating such determination and forthwith serve a copy of such order, together with notice of filing, upon the public body interested, and the parties to such proceeding, either personally or by mail.

(e)

Notwithstanding any other provision to the contrary herein, the Board shall have the authority to make the final determination as to the amount of restitution and may assess liquidated damages for violations of the provisions of this Division if it deems proper to do so under the circumstances. In assessing liquidated damages, the Board shall consider the employers reasons for violation.

(1)

Where the violation was due to indifference, poor bookkeeping practices, nonfeasance or negligence, the Board shall assess the maximum assessment provided therefore in this Division.

(2)

Where the employer asserts, prior to or within five (5) working days after notice of violation, a reasonable legal basis for his position, the Board shall not assess any damages.

(3)

In all other cases, the Board shall weigh the reasons and legal arguments advanced by the employer and assess the damages in accordance to the degree of justification given for the violation.

(f)

Upon the entry and service of the Board order, the public body shall pay to the workmen and apprentices the full amount of wages due and shall satisfy the liquidated damages, as determined by the Board, from the monies due the contractor and subcontractor.

(g)

It shall be lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any amounts of money withheld from him pursuant to this Section by the awarding body on account of said subcontractor's failure to comply with the provisions of this Division, and if payment has already been made to him, the contractor may recover said sums from him in a suit at law.

(h)

Following investigation as provided herein, the Board shall file with the County Purchasing Agent a list of the contractors and subcontractors whom it finds have willfully violated this Division, and such contractors or subcontractors shall be prohibited from contracting directly or indirectly with any public body for the construction of any public works or from performing any work on the same as a contractor or subcontractor for a period of one (1) year from the date the list is filed with the County Purchasing Agent. No public body shall award a contract for a public works to any such contractor or subcontractor during the one (1) year period. The filing of the list with the County Purchasing Agent shall be notice to all public bodies and their officers, officials, members, agents and representatives.

(CB-116-1974; CB-31-1975)