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

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

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

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

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

(d)  A first, second, or third violation refersto each investigation involving one or more projects in which the departmentfinds 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 thecontractor is cited; provided that, with respect to prevailing wage andovertime citations under section 104-2, each employee and each project shall beconsidered a separate offense. [L 1995, c 181, pt of §2; am L 1999, c 251, §1]