§104-25  Suspension.  (a)  The director
shall suspend a person or firm as follows:



(1)  For a first or second violation, if a person or
firm fails to pay wages found due, any penalty assessed, or both, the person or
firm shall be immediately suspended from doing any work on any public work of a
governmental contracting agency until all wages and penalties are paid in full;



(2)  For a third violation, the suspension shall be as
prescribed in section 104-24(c); provided that, if the person or firm continues
to violate this chapter or fails to pay wages found due or any penalty
assessed, or both, then the contractor shall immediately be suspended from
doing any work on any public work of a governmental contracting agency for a
mandatory three-year period.  If after the three-year suspension period the
wages found due or penalties assessed are still unpaid, the suspension shall
remain in force until payment is made in full; or



(3)  For falsification of records, or for delay or
interference with an investigation pursuant to section 104-22, the contractor
shall be suspended for a period of three years.



(b)  The director shall immediately notify the
comptroller and the auditor or director of finance of the county of any
suspension order.



(c)  No contract shall be awarded to the person
or firm so suspended or to any firm, corporation, partnership, or association
in which the person or firm has an interest, direct or indirect, until three
years have elapsed from the date of suspension, unless the period of suspension
is reduced as herein provided.  Any contract awarded in violation of this
subsection shall be void. [L 1995, c 181, pt of §2; am L 1999, c 251, §2; am L
2008, c 146, §2]



 



Attorney General Opinions



 



  Section required a contractor to be immediately suspended
from doing work on existing contract and be prohibited from entering into new
contracts for future work.  Att. Gen. Op. 97-8.