§ 5-16-13-15 — Violations; finding contractor not responsible; use of finding by another public agency

(a) This section applies to a contractor in any
contractor tier of a public works project.
(b) A public agency that reasonably suspects a contractor has
violated a provision of this chapter shall do one (1) of the following:
(1) If the suspected violation concerns or is related to any of the
following provisions, the public agency shall refer the matter to
the appropriate agency as follows:
(A) For a suspected violation of section 11(1) of this chapter
(E-Verify), the Indiana department of labor.
(B) For a suspected violation of section 11(3) of this chapter
(the federal FLSA or state minimum wage law), the Indiana
department of labor.
(C) For a suspected violation of section 11(4) of this chapter
(worker's compensation or occupational diseases), the worker's
compensation board of Indiana.
(D) For a suspected violation of section 11(5) of this chapter
(unemployment insurance), the department of workforce
development.
(2) If the suspected violation concerns a provision of this chapter
other than a provision listed in subdivision (1), the public agency
shall require the contractor to remedy the violation not later than
thirty (30) days after the public agency notifies the contractor of
the violation. The notification to the contractor must be signed by
the chief executive officer of the public agency and sent by a
method that enables the public agency to verify receipt of the
notice by the contractor. During the thirty (30) day period, the
contractor may continue to work on the public works project. If
the contractor fails to remedy the violation within the thirty (30)
day period, the public agency shall find the contractor not
responsible and determine the length of time the contractor is
considered not responsible by the public agency.
(c) In making the determination of the length of time a contractor is
not responsible under subsection (b)(2), the public agency shall
consider the severity of the violation. The period during which a
contractor is considered not responsible:
(1) may not exceed forty-eight (48) months; and
(2) begins on the date of substantial completion of the public
works project.
(d) A finding by a public agency under subsection (b)(2) that a
contractor is not responsible may not be used by another public agency
in making a determination as to whether the contractor is responsible
for purposes of that public agency's award of a public works contract
to that contractor.

Legislative History

As added by P.L.252-2015, SEC.12.