§104-25 Suspension.
371 words·~2 min read·
/hi/chapter-104/104-25A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§104-25 Suspension.
(a)The director shall suspend a person and firm as follows:
(1)For a first or second violation, if a person or firm fails to pay wages found due or any penalty assessed, or both, the person and 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 person and firm 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 person and firm shall be immediately suspended for a period of three years.
(b)The director shall immediately notify the governmental contracting agency, comptroller, auditor or director of finance of the county, and, in the case of a suspended subcontractor, general contractor of any suspension order.
(c)No contract shall be awarded to the person and 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 or extended as herein provided. Any contract awarded in violation of this subsection shall be void.
(d)For purposes of this section, "person" shall have the same meaning as in section 104-24. [L 1995, c 181, pt of §2; am L 1999, c 251, §2; am L 2008, c 146, §2; am L 2014, c 130, §7; am L 2023, c 51, §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.