§ 37-13-14.1 Enforcement – Hearings.– (a) Before issuing an order or determination, the director of labor andtraining shall order a hearing thereon at a time and place to be specified, andshall give notice thereof, together with a copy of the complaint or the purposethereof, or a statement of the facts disclosed upon investigation, which noticeshall be served personally or by mail on any person, firm, or corporationaffected thereby. The person, firm, or corporation shall have an opportunity tobe heard in respect to the matters complained of at the time and placespecified in the notice, which time shall be not less than five (5) days fromthe service of the notice personally or by mail. The hearing shall be heldwithin ten (10) days from the order of hearing. The hearing shall be conductedby the director of labor and training or his or her designee. The hearingofficer in the hearing shall be deemed to be acting in a judicial capacity, andshall have the right to issue subpoenas, administer oaths, and examinewitnesses. The enforcement of a subpoena issued under this section shall beregulated by Rhode Island civil practice law and rules. The hearing shall beexpeditiously conducted and upon such hearing the hearing officer shalldetermine the issues raised thereon and shall make a determination and enter anorder within ten (10) days of the close of the hearing, and forthwith serve acopy of the order, with a notice of the filing thereof, upon the parties to theproceeding, personally or by mail. The order shall dismiss the charges ordirect payment of wages or supplements found to be due, including interest atthe rate of twelve percentum (12%) per annum from the date of the underpaymentto the date of payment, and may direct payment of reasonable attorney's feesand costs to the complaining party.
(b) In addition to directing payment of wages or supplementsincluding interest found to be due, the order shall also require payment of afurther sum as a civil penalty in an amount up to three times the total amountfound to be due. Further, if the amount of salary owed to an employee pursuantto this chapter but not paid to the employee in violation of thereof exceedsfive thousand dollars ($5,000), it shall constitute a misdemeanor and shall bereferred to the office of the attorney general. The misdemeanor shall bepunishable for a period of not more than one year in prison and/or fined notmore than one thousand dollars ($1,000). In assessing the amount of thepenalty, due consideration shall be given to the size of the employer'sbusiness, the good faith of the employer, the gravity of the violation, thehistory of previous violations and the failure to comply with recordkeeping orother nonwage requirements. The surety of the person, firm, or corporationfound to be in violation of the provisions of this chapter shall be bound topay any penalties assessed on such person, firm, or corporation. The penaltyshall be paid to the department of labor and training for deposit in the statetreasury; provided, however, it is hereby provided that the general treasurershall establish a dedicated "prevailing wages enforcement fund" for the purposeof depositing the penalties paid as provided herein. There is herebyappropriated to the annual budget of the department of labor and training theamount of the fund collected annually under this section, to be used at thedirection of the director of labor and training for the sole purpose ofenforcing prevailing wage rates as provided in this chapter.
(c) For the purposes of this chapter, each day or partthereof of violation of any provision of this chapter by a person, firm, orcorporation, whether the violation is continuous or intermittent, shallconstitute a separate and succeeding violation.
(d) In addition to the above, any person, firm, orcorporation found in violation of any of the provisions of this chapter by thedirector of labor and training, an awarding authority, or the hearing officer,shall be ineligible to bid on or be awarded work by an awarding authority orperform any such work for a period of no less than eighteen (18) months and nomore than thirty-six (36) months from the date of the order entered by thehearing officer. Once a person, firm, or corporation is found to be inviolation of this chapter, all pending bids with any awarding authority shallbe revoked, and any bid awarded by an awarding authority prior to thecommencement of the work shall also be revoked.
(e) In addition to the above, any person, firm, orcorporation found to have committed two (2) or more willful violations in anyperiod of eighteen (18) months of any of the provisions of this chapter by thehearing officer, which violations are not arising from the same incident, shallbe ineligible to bid on or be awarded work by an awarding authority or performany work for a period of sixty (60) months from the date of the secondviolation.
(f) The order of the hearing officer shall remain in fullforce and effect unless stayed by order of the superior court.
(g) The director of labor and training, awarding authority,or hearing officer shall notify the bonding company of any person, firm, orcorporation suspected of violating any section of this chapter. The noticeshall be mailed certified mail, and shall enumerate the alleged violationsbeing investigated.
(h) In addition to the above, any person, firm, orcorporation found to have willfully made a false or fraudulent representationon certified payroll records shall be referred to the office of the attorneygeneral. The false or fraudulent representation shall be considered amisdemeanor and shall be punishable for a period of not more than one year inprison and/or fined one thousand dollars ($1,000). Further, any person, firm,or corporation found to have willfully made a false or fraudulentrepresentation on certified payroll records shall be required to pay a civilpenalty to the department of labor and training in an amount of no less thantwo thousand dollars ($2,000) and not greater than fifteen thousand dollars($15,000) per representation.
§ 37-13-14.1 Enforcement – Hearings.– (a) Before issuing an order or determination, the director of labor andtraining shall order a hearing thereon at a time and place to be specified, andshall give notice thereof, together with a copy of the complaint or the purposethereof, or a statement of the facts disclosed upon investigation, which noticeshall be served personally or by mail on any person, firm, or corporationaffected thereby. The person, firm, or corporation shall have an opportunity tobe heard in respect to the matters complained of at the time and placespecified in the notice, which time shall be not less than five (5) days fromthe service of the notice personally or by mail. The hearing shall be heldwithin ten (10) days from the order of hearing. The hearing shall be conductedby the director of labor and training or his or her designee. The hearingofficer in the hearing shall be deemed to be acting in a judicial capacity, andshall have the right to issue subpoenas, administer oaths, and examinewitnesses. The enforcement of a subpoena issued under this section shall beregulated by Rhode Island civil practice law and rules. The hearing shall beexpeditiously conducted and upon such hearing the hearing officer shalldetermine the issues raised thereon and shall make a determination and enter anorder within ten (10) days of the close of the hearing, and forthwith serve acopy of the order, with a notice of the filing thereof, upon the parties to theproceeding, personally or by mail. The order shall dismiss the charges ordirect payment of wages or supplements found to be due, including interest atthe rate of twelve percentum (12%) per annum from the date of the underpaymentto the date of payment, and may direct payment of reasonable attorney's feesand costs to the complaining party.
(b) In addition to directing payment of wages or supplementsincluding interest found to be due, the order shall also require payment of afurther sum as a civil penalty in an amount up to three times the total amountfound to be due. Further, if the amount of salary owed to an employee pursuantto this chapter but not paid to the employee in violation of thereof exceedsfive thousand dollars ($5,000), it shall constitute a misdemeanor and shall bereferred to the office of the attorney general. The misdemeanor shall bepunishable for a period of not more than one year in prison and/or fined notmore than one thousand dollars ($1,000). In assessing the amount of thepenalty, due consideration shall be given to the size of the employer'sbusiness, the good faith of the employer, the gravity of the violation, thehistory of previous violations and the failure to comply with recordkeeping orother nonwage requirements. The surety of the person, firm, or corporationfound to be in violation of the provisions of this chapter shall be bound topay any penalties assessed on such person, firm, or corporation. The penaltyshall be paid to the department of labor and training for deposit in the statetreasury; provided, however, it is hereby provided that the general treasurershall establish a dedicated "prevailing wages enforcement fund" for the purposeof depositing the penalties paid as provided herein. There is herebyappropriated to the annual budget of the department of labor and training theamount of the fund collected annually under this section, to be used at thedirection of the director of labor and training for the sole purpose ofenforcing prevailing wage rates as provided in this chapter.
(c) For the purposes of this chapter, each day or partthereof of violation of any provision of this chapter by a person, firm, orcorporation, whether the violation is continuous or intermittent, shallconstitute a separate and succeeding violation.
(d) In addition to the above, any person, firm, orcorporation found in violation of any of the provisions of this chapter by thedirector of labor and training, an awarding authority, or the hearing officer,shall be ineligible to bid on or be awarded work by an awarding authority orperform any such work for a period of no less than eighteen (18) months and nomore than thirty-six (36) months from the date of the order entered by thehearing officer. Once a person, firm, or corporation is found to be inviolation of this chapter, all pending bids with any awarding authority shallbe revoked, and any bid awarded by an awarding authority prior to thecommencement of the work shall also be revoked.
(e) In addition to the above, any person, firm, orcorporation found to have committed two (2) or more willful violations in anyperiod of eighteen (18) months of any of the provisions of this chapter by thehearing officer, which violations are not arising from the same incident, shallbe ineligible to bid on or be awarded work by an awarding authority or performany work for a period of sixty (60) months from the date of the secondviolation.
(f) The order of the hearing officer shall remain in fullforce and effect unless stayed by order of the superior court.
(g) The director of labor and training, awarding authority,or hearing officer shall notify the bonding company of any person, firm, orcorporation suspected of violating any section of this chapter. The noticeshall be mailed certified mail, and shall enumerate the alleged violationsbeing investigated.
(h) In addition to the above, any person, firm, orcorporation found to have willfully made a false or fraudulent representationon certified payroll records shall be referred to the office of the attorneygeneral. The false or fraudulent representation shall be considered amisdemeanor and shall be punishable for a period of not more than one year inprison and/or fined one thousand dollars ($1,000). Further, any person, firm,or corporation found to have willfully made a false or fraudulentrepresentation on certified payroll records shall be required to pay a civilpenalty to the department of labor and training in an amount of no less thantwo thousand dollars ($2,000) and not greater than fifteen thousand dollars($15,000) per representation.
§ 37-13-14.1 Enforcement – Hearings.– (a) Before issuing an order or determination, the director of labor andtraining shall order a hearing thereon at a time and place to be specified, andshall give notice thereof, together with a copy of the complaint or the purposethereof, or a statement of the facts disclosed upon investigation, which noticeshall be served personally or by mail on any person, firm, or corporationaffected thereby. The person, firm, or corporation shall have an opportunity tobe heard in respect to the matters complained of at the time and placespecified in the notice, which time shall be not less than five (5) days fromthe service of the notice personally or by mail. The hearing shall be heldwithin ten (10) days from the order of hearing. The hearing shall be conductedby the director of labor and training or his or her designee. The hearingofficer in the hearing shall be deemed to be acting in a judicial capacity, andshall have the right to issue subpoenas, administer oaths, and examinewitnesses. The enforcement of a subpoena issued under this section shall beregulated by Rhode Island civil practice law and rules. The hearing shall beexpeditiously conducted and upon such hearing the hearing officer shalldetermine the issues raised thereon and shall make a determination and enter anorder within ten (10) days of the close of the hearing, and forthwith serve acopy of the order, with a notice of the filing thereof, upon the parties to theproceeding, personally or by mail. The order shall dismiss the charges ordirect payment of wages or supplements found to be due, including interest atthe rate of twelve percentum (12%) per annum from the date of the underpaymentto the date of payment, and may direct payment of reasonable attorney's feesand costs to the complaining party.
(b) In addition to directing payment of wages or supplementsincluding interest found to be due, the order shall also require payment of afurther sum as a civil penalty in an amount up to three times the total amountfound to be due. Further, if the amount of salary owed to an employee pursuantto this chapter but not paid to the employee in violation of thereof exceedsfive thousand dollars ($5,000), it shall constitute a misdemeanor and shall bereferred to the office of the attorney general. The misdemeanor shall bepunishable for a period of not more than one year in prison and/or fined notmore than one thousand dollars ($1,000). In assessing the amount of thepenalty, due consideration shall be given to the size of the employer'sbusiness, the good faith of the employer, the gravity of the violation, thehistory of previous violations and the failure to comply with recordkeeping orother nonwage requirements. The surety of the person, firm, or corporationfound to be in violation of the provisions of this chapter shall be bound topay any penalties assessed on such person, firm, or corporation. The penaltyshall be paid to the department of labor and training for deposit in the statetreasury; provided, however, it is hereby provided that the general treasurershall establish a dedicated "prevailing wages enforcement fund" for the purposeof depositing the penalties paid as provided herein. There is herebyappropriated to the annual budget of the department of labor and training theamount of the fund collected annually under this section, to be used at thedirection of the director of labor and training for the sole purpose ofenforcing prevailing wage rates as provided in this chapter.
(c) For the purposes of this chapter, each day or partthereof of violation of any provision of this chapter by a person, firm, orcorporation, whether the violation is continuous or intermittent, shallconstitute a separate and succeeding violation.
(d) In addition to the above, any person, firm, orcorporation found in violation of any of the provisions of this chapter by thedirector of labor and training, an awarding authority, or the hearing officer,shall be ineligible to bid on or be awarded work by an awarding authority orperform any such work for a period of no less than eighteen (18) months and nomore than thirty-six (36) months from the date of the order entered by thehearing officer. Once a person, firm, or corporation is found to be inviolation of this chapter, all pending bids with any awarding authority shallbe revoked, and any bid awarded by an awarding authority prior to thecommencement of the work shall also be revoked.
(e) In addition to the above, any person, firm, orcorporation found to have committed two (2) or more willful violations in anyperiod of eighteen (18) months of any of the provisions of this chapter by thehearing officer, which violations are not arising from the same incident, shallbe ineligible to bid on or be awarded work by an awarding authority or performany work for a period of sixty (60) months from the date of the secondviolation.
(f) The order of the hearing officer shall remain in fullforce and effect unless stayed by order of the superior court.
(g) The director of labor and training, awarding authority,or hearing officer shall notify the bonding company of any person, firm, orcorporation suspected of violating any section of this chapter. The noticeshall be mailed certified mail, and shall enumerate the alleged violationsbeing investigated.
(h) In addition to the above, any person, firm, orcorporation found to have willfully made a false or fraudulent representationon certified payroll records shall be referred to the office of the attorneygeneral. The false or fraudulent representation shall be considered amisdemeanor and shall be punishable for a period of not more than one year inprison and/or fined one thousand dollars ($1,000). Further, any person, firm,or corporation found to have willfully made a false or fraudulentrepresentation on certified payroll records shall be required to pay a civilpenalty to the department of labor and training in an amount of no less thantwo thousand dollars ($2,000) and not greater than fifteen thousand dollars($15,000) per representation.
