§104-23 Notification of violation. (a) When the department, either as a result of a report by a contracting agency or as a result of the department's own investigation, finds that a violation of this chapter or of the terms of the contract subject to this chapter has been committed, the department shall issue a notification of violation to the contractor or subcontractor involved.
(b) A notification of violation shall be final and conclusive unless within twenty days after a copy has been sent to the contractor, the contractor files a written notice of appeal with the director.
(c) A hearing on the written notice of appeal shall be held by a hearings officer appointed by the director in conformance with chapter 91.
Hearings on appeal shall be held within sixty days of the notice of appeal and a decision shall be rendered by the hearings officer within sixty days after the conclusion of the hearing, stating the findings of fact and conclusions of law. The hearings officer may extend the due date for decision for good cause; provided that all parties agree. [L 1995, c 181, pt of §2; am L 1998, c 46, §1; am L 2014, c 130, §5]
Note
The 2014 amendment applies to all contracts entered into on or after July 1, 2014. L 2014, c 130, §9.
Case Notes
In the absence of an express time frame within which the labor director must issue a notice of violation (NOV) under this section, the department must issue notifications of violations within a reasonable time; department's two-year delay in issuing a third NOV was unreasonable as it did not have to wait until the appeal on the second NOV had been completed before determining whether another violation had taken place. 104 H. 412, 91 P.3d 494.
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