§104-23  Notification of violation. (a)  When the department, either as a result of a report by a contractingagency or as a result of the department's own investigation, finds that aviolation of this chapter or of the terms of the contract subject to thischapter has been committed, the department shall issue a notification ofviolation to the contractor or subcontractor involved.

(b)  A notification of violation shall be finaland conclusive twenty days after a copy was mailed to the violator, unless withinthe twenty-day period the violator files a written notice of appeal with thedirector.

(c)  A hearing on the written notice of appealshall be held by a hearings officer appointed by the director in conformancewith chapter 91.

Hearings on appeal shall be held within sixtydays of the notice of appeal and a decision shall be rendered by the hearingsofficer within sixty days after the conclusion of the hearing, stating thefindings of fact and conclusions of law.  The hearings officer may extend thedue date for decision for good cause; provided that all parties agree. [L 1995,c 181, pt of §2; am L 1998, c 46, §1]

 

Case Notes

 

  In the absence of an express time frame within which thelabor director must issue a notice of violation (NOV) under this section, thedepartment must issue notifications of violations within a reasonable time;department's two-year delay in issuing a third NOV was unreasonable as it didnot have to wait until the appeal on the second NOV had been completed beforedetermining whether another violation had taken place.  104 H. 412, 91 P.3d494.