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Session Laws, 1988
Volume 770, Page 1791   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 48

(4) DIRECTLY OR INDIRECTLY, AUTHORIZE A VIOLATION OF
THIS SUBTITLE BY ANY OTHER PERSON.

(B) AUTHORIZED COLLECTION.

SUBSECTION (A) OF THIS SECTION DOES NOT APPLY TO ANY AGENT
OF A COLLECTIVE BARGAINING ORGANIZATION ACTING IN COLLECTION OF
SUMS AS ALLOWED BY THE NATIONAL LABOR RELATIONS ACT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF § 12-309(a).

In subsection (a)(3) of this section, the former words
"[w]here workmen are employed and their rate of wages
has been determined as provided herein" are deleted as
surplusage.

Defined terms: "Employee" § 17-201

"Person" § 11-101 "Prevailing wage rate" § 17-201

"Public work contract" § 17-201

17-226. PERSISTENT VIOLATIONS.

(A)  LIST OF VIOLATORS.

(1)  AFTER INVESTIGATION AND ENTRY OF AN ORDER IN
ACCORDANCE WITH § 17-221 OF THIS SUBTITLE, THE COMMISSIONER SHALL
FILE WITH THE SECRETARY OF STATE A LIST OF THE CONTRACTORS AND
ANY SUBCONTRACTORS WHO PERSISTENTLY AND WILLFULLY VIOLATE THE
PROVISIONS OF THIS SUBTITLE.

(2)  FILING UNDER THIS SUBSECTION SHALL BE NOTICE TO A
PUBLIC BODY AND ITS REPRESENTATIVES.

(B)  PENALTY.

(1)  IF THE NAME OF A CONTRACTOR OR ANY SUBCONTRACTOR
APPEARS ON THE LIST, THAT CONTRACTOR OR SUBCONTRACTOR SHALL BE
PROHIBITED FROM ENTERING INTO A CONTRACT FOR CONSTRUCTION OF A
PUBLIC WORK DIRECTLY OR INDIRECTLY FOR 1 YEAR FROM THE DAY ON
WHICH THE LIST IS FILED.

(2)  A PUBLIC BODY MAY NOT AWARD A CONTRACT FOR
CONSTRUCTION OF A PUBLIC WORK TO A PERSON WHO IS PROHIBITED FROM
ENTERING INTO A CONTRACT UNDER THIS SECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF § 12-310(c).

In subsection (b)(1) and (2) of this section, the
references to a "subcontractor" and "person who is
prohibited ... under this section" are substituted for

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Session Laws, 1988
Volume 770, Page 1791   View pdf image
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