§ 37-13-14.1. Enforcement — Hearings.
(a) Before issuing an order or determination, the director of labor and training shall
order a hearing thereon at a time and place to be specified, and shall give notice
thereof, together with a copy of the complaint or the purpose thereof, or a statement
of the facts disclosed upon investigation, which notice shall be served personally
or by mail on any person, firm, or corporation affected thereby. The person, firm,
or corporation shall have an opportunity to be heard in respect to the matters complained
of at the time and place specified in the notice, which time shall be not less than
five (5) days from the service of the notice personally or by mail. The hearing shall
be held within ten (10) days from the order of hearing. The hearing shall be conducted
by the director of labor and training or his or her designee. The hearing officer
in the hearing shall be deemed to be acting in a judicial capacity and shall have
the right to issue subpoenas, administer oaths, and examine witnesses. The enforcement
of a subpoena issued under this section shall be regulated by Rhode Island civil practice
law and rules. The hearing shall be expeditiously conducted, and upon such hearing,
the hearing officer shall determine the issues raised thereon and shall make a determination
and enter an order within ten (10) days of the close of the hearing, and forthwith
serve a copy of the order, with a notice of the filing thereof, upon the parties to
the proceeding, personally or by mail. The order shall dismiss the charges or direct
payment of wages or supplements found to be due, including interest at the rate of
twelve percentum (12%) per annum from the date of the underpayment to the date of
payment, and may direct payment of reasonable attorney's fees and costs to the complaining
party.
(b) In addition to directing payment of wages or supplements including interest found
to be due, the order shall also require payment of a further sum as a civil penalty
in an amount up to three times the total amount found to be due. Further, if the amount
of salary owed to an employee pursuant to this chapter but not paid to the employee
in violation of thereof exceeds five thousand dollars ($5,000), it shall constitute
a misdemeanor and shall be referred to the office of the attorney general. The misdemeanor
shall be punishable for a period of not more than one year in prison and/or fined
not more than one thousand dollars ($1,000). In assessing the amount of the penalty,
due consideration shall be given to the size of the employer's business, the good
faith of the employer, the gravity of the violation, the history of previous violations,
and the failure to comply with recordkeeping or other nonwage requirements. The surety
of the person, firm, or corporation found to be in violation of the provisions of
this chapter shall be bound to pay any penalties assessed on such person, firm, or
corporation. The penalty shall be paid to the department of labor and training for
deposit in the state treasury; provided, however, it is hereby provided that the general
treasurer shall establish a dedicated "prevailing wages enforcement fund� for the
purpose of depositing the penalties paid as provided herein. There is hereby appropriated
to the annual budget of the department of labor and training the amount of the fund
collected annually under this section, to be used at the direction of the director
of labor and training for the sole purpose of enforcing prevailing wage rates as provided
in this chapter.
(c) For the purposes of this chapter, each day or part thereof of violation of any provision
of this chapter by a person, firm, or corporation, whether the violation is continuous
or intermittent, shall constitute a separate and succeeding violation.
(d) In addition to the above, any person, firm, or corporation found in violation of any
of the provisions of this chapter by the director of labor and training, an awarding
authority, or the hearing officer, shall be ineligible to bid on, or be awarded work
by, an awarding authority or perform any such work for a period of no less than eighteen
(18) months and no more than thirty-six (36) months from the date of the order entered
by the hearing officer. Once a person, firm, or corporation is found to be in violation
of this chapter, all pending bids with any awarding authority shall be revoked, and
any bid awarded by an awarding authority prior to the commencement of the work shall
also be revoked.
(e) In addition to the above, any person, firm, or corporation found to have committed
two (2) or more willful violations in any period of eighteen (18) months of any of
the provisions of this chapter by the hearing officer, which violations are not arising
from the same incident, shall be ineligible to bid on, or be awarded work by, an awarding
authority or perform any work for a period of sixty (60) months from the date of the
second violation.
(f) The order of the hearing officer shall remain in full force and effect unless stayed
by order of the superior court.
(g) The director of labor and training, awarding authority, or hearing officer shall notify
the bonding company of any person, firm, or corporation suspected of violating any
section of this chapter. The notice shall be mailed certified mail and shall enumerate
the alleged violations being investigated.
(h) In addition to the above, any person, firm, or corporation found to have willfully
made a false or fraudulent representation on certified payroll records shall be referred
to the office of the attorney general. A first violation of this section shall be
considered a misdemeanor and shall be punishable for a period of not more than one
year in prison and/or fined one thousand dollars ($1,000). A second or subsequent
violation of this section shall be considered a felony and shall be punishable for
a period of not more than three (3) years imprisonment, a fine of three thousand dollars
($3,000), or both. Further, any person, firm, or corporation found to have willfully
made a false or fraudulent representation on certified payroll records shall be required
to pay a civil penalty to the department of labor and training in an amount of no
less than two thousand dollars ($2,000) and not greater than fifteen thousand dollars
($15,000) per representation.