§104-24  Violations; penalties.  (a) 
Where the department finds that a first violation of this chapter has been
committed, the department shall assess a penalty equal to ten per cent of the
amount of back wages found due or $25 per offense, whichever is greater.



(b)  Where the department finds that a second
violation of this chapter has been committed, whether on the same contract or
another, within two years of the first notification of violation, the
department, after proper notice and opportunity for hearing, shall order the
person or firm in violation to pay a penalty equal to the amount of back wages
found due or $100 for each offense, whichever is greater.



(c)  Where the department finds that a third
violation of this chapter has been committed, whether on the same contract or
another, within two years of the second notification of violation, the
department, after proper notice and opportunity for hearing, shall order the
person or firm in violation:



(1)  To pay a penalty equal to two times the amount of
back wages found due or $200 for each offense, whichever is greater; and



(2)  To be suspended from doing any new work on any
public work of a governmental contracting agency for a period of three years
except as provided in section 104-25(a)(2).  "New work on any public
work" includes any public works project in which the suspended person or
firm has not begun work at the job site as of the date of the suspension order.



(d)  A first, second, or third violation refers
to each investigation involving one or more projects in which the department
finds that a contractor has failed to comply with this chapter.



(e)  For purposes of this section,
"offense" means each section of this chapter under which the
contractor is cited; provided that, with respect to prevailing wage and
overtime citations under section 104-2, each employee and each project shall be
considered a separate offense. [L 1995, c 181, pt of §2; am L 1999, c 251, §1]