(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).
Section 2406-C. Public Works Employment Verification Account.
(a) Establishment.--The Public Works Employment Verification
Account is established as a restricted revenue, interest-bearing
account in the General Fund.
(b) Deposits.--The department shall deposit penalties
collected under section 2405-C(f) into the account.
(c) Use of account.--Money in the account and interest
earned on the account is appropriated on a continuing basis to
the department for the purposes of administering and enforcing
the provisions of this article.
Section 2407-C. Protection from retaliation.
2022/90PWK/HB2648A05801 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51