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§ 656.5. Enforcement and sanctions (Adm. Code § 2405-C)

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 71 P.S. State GovernmentEffective: January 3, 2023

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 71 P.S. State Government
Part I. The Administrative Codes and Related Provisions
Chapter 2. The Administrative Code of 1929 (Refs & Annos)
Article XXIV-C. Public Works Employment Verification (Refs & Annos)
Effective: January 3, 2023
71 P.S. § 656.5
Formerly cited as PA ST 43 P.S. § 167.6
§ 656.5. Enforcement and sanctions (Adm. Code § 2405-C)
Currentness
(a) General rule.--The department shall enforce this article.
(b) Investigation of complaints.--The department shall accept, review and investigate in a timely manner any credible complaint that a public works contractor or subcontractor has violated a provision of this article.
(c) Audits.--To ensure compliance with the requirements of this article, the department shall conduct complaint-based and random audits of public works contractors and subcontractors in this Commonwealth.
(d) Reimbursement of department.--
(1) The department may require a public works contractor or subcontractor to reimburse the department for the cost of an audit if the public works contractor or subcontractor:
(i) is debarred from public work under subsection (e); or
(ii) is subject to a civil penalty under subsection (f).
(2) The cost of an audit shall be reasonably based on the amount of staff time spent on conducting an individual audit.
(e) Sanctions.--The following sanctions shall apply only to a violation under section 2404-C(1):1
(1) For a first violation, a public works contractor or subcontractor shall receive a warning letter from the department detailing the violation. The letter shall be posted on the department's publicly accessible Internet website.
(2) For a second violation, a public works contractor or subcontractor shall be debarred from public work for 60 days.
(3) For a third violation and subsequent violations, a public works contractor or subcontractor shall be debarred from public work for not less than one year and not more than two years.
(4) In the case of an alleged willful violation, the secretary shall file a petition in Commonwealth Court seeking to have the court issue a rule to show cause why a public works contractor or subcontractor did not engage in the willful violation. If the court finds that the public works contractor or subcontractor engaged in a willful violation, the court shall order that the public works contractor or subcontractor be debarred from public work for a period of three years.
(5) Notwithstanding the provisions of paragraph (1), (2) or (3), a violation by a public works contractor or subcontractor that occurs 10 or more years after a prior violation shall be deemed to be a first violation.
(6) For the purposes of assessing sanctions, violations committed by a contractor or subcontractor subject to this article involving a single public works contract shall be considered a single violation despite the number of employees that are the subject of the violations.
(f) Civil penalty and sanctions.--The following shall apply:
(1) A public works contractor or subcontractor that violates section 2404-C(2) shall be subject to a civil penalty of not less than $2,500 and not more than $25,000 for each violation, to be imposed by the department based on the duration and severity of the violation.
(2) In addition to the penalty under paragraph (1), in the event of a willful violation of section 2404-C(2), a public works contractor or subcontractor shall be subject to debarment for not less than 60 days nor more than three years, depending on the duration and severity of the violation.
(g) Notice and appeal.--Actions taken by the department under subsections (e)(1), (2) and (3) and (f) shall be subject to the notice, appeal and other provisions of 2 Pa.C.S. (relating to administrative law and procedure).

Credits

1929, April 9, P.L. 177, art. XXIV-C, § 2405-C, added 2022, Nov. 3, P.L. 2048, No. 141, § 3, effective in 60 days [Jan. 3, 2023].

Footnotes

1
71 P.S. § 656.4.
71 P.S. § 656.5, PA ST 71 P.S. § 656.5
Current through Act 40 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document