2023 Hawaii Revised Statutes
Title 9. Public Property, Purchasing and Contracting
104. Wages and Hours of Employees on Public Works
104-24 Violations; penalties.
§104-24 Violations; penalties. (a) Where the department finds that a first violation of this chapter has been committed, the department, after proper notice and opportunity for hearing, shall assess and order the person or firm in violation to be jointly and severally liable for a penalty equal to twenty-five per cent of the amount of back wages found due or $250 for each offense, up to $2,500, whichever is greater.
(b) Where the department finds that a second violation of this chapter has been committed, whether on the same or another contract, within two years of the first notification of violation, the department, after proper notice and opportunity for hearing, shall assess and order the person or firm in violation to be jointly and severally liable for a penalty equal to the amount of back wages found due or $500 for each offense, up to $5,000, whichever is greater.
(c) Where the department finds that a third violation of this chapter has been committed, whether on the same or another contract, within three years of the second notification of violation, the department, after proper notice and opportunity for hearing, shall assess and order the person or firm in violation to be:
(1) Jointly and severally liable for a penalty equal to two times the amount of back wages found due or $1,000 for each offense, up to $10,000, whichever is greater; and
(2) Suspended from doing any new work on any public work of a governmental contracting agency for a period of three years except as provided in section 104-25(a)(2). The suspension shall be effective on the later of the twenty-first day after the notification of violation has been sent, or upon the issuance of a decision pursuant to section 104-23(c).
(d) A first, second, or third violation refers to each project in which the department finds that a contractor has failed to comply with this chapter.
(e) Both the person and firm shall be listed on each notice of violation.
(f) For purposes of this section:
"Firm" includes a corporation, limited liability company, partnership, and limited partnership.
"New work on any public work" includes any public works project in which the suspended person or firm has not begun work at the job site as of the date of the suspension order.
"Offense" means each section of this chapter under which the contractor is cited; provided that, with respect to prevailing wage and overtime citations under section 104-2, each employee and each project shall be considered a separate offense.
"Person" includes a sole proprietor and the principal responsible managing employee that holds the contractors license of the firm. [L 1995, c 181, pt of §2; am L 1999, c 251, §1; am L 2011, c 160, §2; am L 2014, c 130, §6; am L 2016, c 192, §1; am L 2023, c 51, §1]
