5552

COUNTY LOCAL LAWS

MECHANIC; AND IN THE EVENT OF SUCH UNDERPAYMENT,
RESTITUTION SHALL BE MADE BY THE CONTRACTOR TO SAID
EMPLOYEE WITHIN FIVE (5) WORKING DAYS AFTER NOTICE BY THE
PUBLIC BODY OR EMPLOYEE, AND THEREAFTER, THE CONTRACTOR
MAY BE LIABLE TO THE PUBLIC BODY FOR LIQUIDATED DAMAGES
IN AN AMOUNT NOT TO EXCEED TEN DOLLARS ($10.00) PER DAY
FOR EACH SUCH VIOLATION. EACH DAY OF VIOLATION SHALL
CONSTITUTE A SEPARATE VIOLATION.

7-9 ENFORCEMENT

(A)     IT SHALL BE THE RESPONSIBILITY OF THE AGENCY
AWARDING THE CONTRACT TO PROMPTLY EXAMINE ALL WEEKLY
PROJECT PAYROLLS SUBMITTED BY CONTRACTORS AND
SUB-CONTRACTORS WORKING UPON THE JOB SITE FOR COMPLIANCE
WITH THE PROVISIONS OF THIS ACT AND THE REGULATIONS
PROMULGATED IN PURSUANCE THEREOF AND TO REPORT ANY
IRREGULARITIES TO THE BOARD THAT THE EMPLOYER HAS FAILED
TO CORRECT.

(B)    THE BOARD SHALL DETERMINE WHETHER THERE HAS
BEEN COMPLIANCE WITH THE PROVISIONS OF THIS ACT AND THE
REGULATIONS PROMULGATED THEREUNDER, AND CONTAINED IN THE
CONTRACT. THE CONTRACTOR AND SUB-CONTRACTORS SHALL
PERMIT REPRESENTATIVES OR DESIGNEES OF THE BOARD TO
OBSERVE WORK BEING PERFORMED UPON THE WORK SITE, TO
INTERVIEW EMPLOYEES AND TO EXAMINE THE BOOKS AND RECORDS
RELATING TO THE PAYROLLS ON THE PROJECT TO DETERMINE THE
CORRECTNESS OF CLASSIFICATIONS, RATIOS OF APPRENTICES TO
JOURNEYMEN AND PAYMENT OF PROPER REGULAR AND OVERTIME
RATES AS REQUIRED. COMPLAINTS OF ALLEGED VIOLATIONS
SHALL BE INVESTIGATED PROMPTLY AND STATEMENTS, WRITTEN OR
ORAL, MADE BY AN EMPLOYEE SHALL BE TREATED AS
CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO HIS EMPLOYER
WITHOUT THE CONSENT OF THE EMPLOYEE.

(C)     IF THE BOARD DETERMINES THAT ANY OF THE
PROVISIONS OF THIS ACT MAY HAVE BEEN VIOLATED, THE BOARD
SHALL IMMEDIATELY NOTIFY THE PUBLIC BODY INTERESTED,
WHICH SHALL WITHHOLD PAYMENT ON ACCOUNT THEREOF, DUE THE
CONTRACTOR OR THE SUB-CONTRACTOR CONSTRUCTING SAID PUBLIC
WORKS IN AN AMOUNT SUFFICIENT (1) TO PAY THE WORKMEN AND
APPRENTICES EMPLOYED BY THE CONTRACTOR OR ANY
SUBCONTRACTOR THE FULL AMOUNT OF WAGES REQUIRED BY THE
PROVISIONS OF THIS ACT; AND (2) TO SATISFY ANY LIABILITY
OF ANY CONTRACTOR FOR LIQUIDATED DAMAGES AS PROVIDED
HEREIN, PENDING A FINAL DETERMINATION.

(D)    WITHIN THIRTY (30) DAYS AFTER AN INVESTIGATION
HAS BEEN COMPLETED, THE BOARD SHALL ADVISE IN WRITING THE
INTERESTED CONTRACTORS OR SUB-CONTRACTORS OF ITS FINDINGS
AND THEIR RIGHT TO A HEARING WITH RESPECT TO THE MATTERS
COMPLAINED OF. THE BOARD IN SUCH A HEARING SHALL BE
DEEMED TO BE ACTING IN A QUASI-JUDICIAL CAPACITY AND