§ 224-b. Stop-work orders. Where a complaint is received pursuant to\nthis article, or where the fiscal officer upon his or her own\ninvestigation, finds cause to believe that any person, in connection\nwith the performance of any contract for public work pursuant to section\ntwo hundred twenty of this article or any covered project pursuant to\nsection two hundred twenty-four-a of this article, has substantially and\nmaterially failed to comply with or intentionally evaded the provisions\nof this article, the fiscal officer may notify such person in writing of\nhis or her intention to issue a stop-work order. Such notice shall (i)\nbe served in a manner consistent with section three hundred eight of the\ncivil practice law and rules;
(ii)notify such person of his or her\nright to a hea
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§ 224-b. Stop-work orders. Where a complaint is received pursuant to\nthis article, or where the fiscal officer upon his or her own\ninvestigation, finds cause to believe that any person, in connection\nwith the performance of any contract for public work pursuant to section\ntwo hundred twenty of this article or any covered project pursuant to\nsection two hundred twenty-four-a of this article, has substantially and\nmaterially failed to comply with or intentionally evaded the provisions\nof this article, the fiscal officer may notify such person in writing of\nhis or her intention to issue a stop-work order. Such notice shall (i)\nbe served in a manner consistent with section three hundred eight of the\ncivil practice law and rules; (ii) notify such person of his or her\nright to a hearing; and (iii) state the factual basis upon which the\nfiscal officer has based his or her decision to issue a stop-work order.\nAny documents, reports, or information that form a basis for such\ndecision shall be provided to such person within a reasonable time\nbefore the hearing. Such hearing shall be expeditiously conducted.\n Following the hearing, if the fiscal officer issues a stop-work order,\nit shall be served by regular mail, and a second copy may be served by\ntelefacsimile or by electronic mail, with service effective upon receipt\nof any such order. Such stop-work order shall also be served with regard\nto a worksite by posting a copy of such order in a conspicuous location\nat the worksite. The order shall remain in effect until the fiscal\nofficer directs that the stop-work order be removed, upon a final\ndetermination on the complaint or where such failure to comply or evade\nhas been deemed corrected. If the person against whom such order is\nissued shall within thirty days after issuance of the stop-work order\nmakes an application in affidavit form for a redetermination review of\nsuch order the fiscal officer shall make a decision in writing on the\nissues raised in such application. The fiscal officer may direct a\nconditional release from a stop-work order upon a finding that such\nperson has taken meaningful and good faith steps to comply with the\nprovisions of this article.\n