§ 16-6-206 — Failure to employ state laborers; penalty

(a) A person who willfully or intentionally fails to use
Wyoming laborers as required in this act shall be subject to a
civil penalty of not more than one thousand dollars ($1,000.00)
per nonresident laborer employed per day, not to exceed a total
penalty of ten percent (10%) of the amount of the person's
contract. Each separate case of failure to employ Wyoming
laborers on a public work constitutes a separate offense.
(b) In the event a second offense occurs within a twelve
(12) month period from the date of the first offense, the person
shall be barred from bidding on any contract subject to the
provisions of this act or submitting any request for proposal on
any public work subject to the provisions of this act for one
(1) year from the date the second violation is corrected.
(c) Before a civil penalty is imposed under this section,
the department of workforce services shall notify the person
accused of a violation. The notice shall be served in
accordance with the Wyoming Rules of Civil Procedure and
contain:
(i) A statement of the grounds for imposing the civil
penalty, including a citation to the statute involved;
(ii) A statement of the facts in support of the
allegations;
(iii) A statement informing the person of the right
to a hearing and that failure to timely request a hearing will
result in imposition of the civil penalty stated.
(d) A request for hearing on a proposed civil penalty
shall be in writing and shall be submitted to the department no
later than seven (7) days after receipt of the notice from the
department. The hearing shall be conducted as a contested case
before a hearing examiner of the office of administrative
hearings. The hearing shall be no later than fifteen (15) days
after receipt of the request for hearing, unless the person
subject to the proposed civil penalty requests an extension of
time for good cause shown. The hearing officer shall recommend
a decision to the director of the department. After hearing or
upon failure of the accused to request a hearing, the director
of the department shall determine the amount of the civil
penalty to be imposed in accordance with the limitations in this
section. Judicial review, if any, shall be from the decision of
the director and in accordance with the provisions of the
Wyoming Administrative Procedure Act.
(e) A civil penalty may be recovered in an action brought
by the attorney general in the name of the state of Wyoming in
any court of appropriate jurisdiction.