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

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

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

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

(b)  The director shall immediately notify thecomptroller and the auditor or director of finance of the county of anysuspension order.

(c)  No contract shall be awarded to the personor firm so suspended or to any firm, corporation, partnership, or associationin which the person or firm has an interest, direct or indirect, until threeyears have elapsed from the date of suspension, unless the period of suspensionis reduced as herein provided.  Any contract awarded in violation of thissubsection shall be void. [L 1995, c 181, pt of §2; am L 1999, c 251, §2; am L2008, c 146, §2]

 

Attorney General Opinions

 

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