7 CCR 1103-6-6 - Filing and Investigation of Complaints
6.1
KJICA
Complaints
6.1.1 A person who alleges a
potential violation of KJICA may file a complaint with the Division within
ninety days after the date the public project was completed (not the date that
the work was performed).
(A) Anonymous
complaints are not accepted by the Division.
(B) Complaints shall be filed using the
Division-approved form, and the complaint shall include the complainant's
signature, contact information, and the basis for the complaint. Failure to
include this information on the complaint form may result in administrative
dismissal of the complaint.
6.1.2 Upon the receipt of a KJICA complaint,
the Division shall notify the contractor of the complaint.
6.1.3 Either party may designate an
authorized representative to act on its behalf in filing a complaint with the
Division. The party may designate an authorized representative by filing the
Division-approved form with the Division. The party may revoke the authorized
representative's authority by contacting the Division in writing.
6.1.4 The Division commences the
investigation only after completion of the project.
6.1.5 The Division investigates KJICA
complaints pursuant to the Wage Protection Rules,
7 CCR
1103-7, to the extent not inconsistent with those
Rules.
6.2
Prevailing Wage Act Complaints
6.2.1 An
employee, former employee, or contracting agency ("complainant") may file a
complaint with the contracting agency for a public project regarding any
perceived violation of the prevailing wage requirements of Title 24, Article
92, Part 2 or Rule 4 of these Rules.
(A) A
complainant may, but is not required to, use the Division's public project
prevailing wage complaint form to file a complaint with the contracting
agency.
(B) Upon receipt of a
complaint, the contracting agency shall report the perceived violation to the
contractor of the project, and, if applicable, the subcontractor which is the
subject of the complaint within 48 hours of being made aware of the alleged
violation.
(C) If, within fifteen
days of being notified of the alleged violation, the contractor or
subcontractor (1) demonstrates to the contracting agency that no violation
occurred or that any violation was the result of legitimate administrative
error and (2) remedies any violation, the complaint shall be
dismissed.
(D) If the contracting
agency determines that a "willful violation" occurred or the contractor or
subcontractor fails to remedy any alleged violation within fifteen days of
being notified, the contracting agency shall report the violation to the
Division. Upon receiving a report of an alleged violation from a contracting
agency, the Division will treat the report as a complaint and investigate it
pursuant to the Wage Protection Rules,
7 CCR
1103-7, to the extent not inconsistent with those
Rules, to determine if the perceived violation was conducted in a willful
manner, as defined in Rule 2.18 of these Rules.
6.2.2 If a complaint is not resolved by
either the contracting agency, or the Division, the complaining employee or
former employee may file a civil action in court within 120 days from the later
of:
(A) the employee's complaint to the
contracting agency, if it is not resolved under Rule 6.2.1(C) or reported to
the Division under Rule 6.2.1(D) of these Rules in that time; or (B) the
Division's determination pursuant to Rule 5 of the Wage Protection Rules,
7 CCR
1103-7.
(A) Such civil action may be brought in the
district court for the county where the alleged violation occurred, the county
where the complainant resides, or the county where the person against whom in
the civil complaint is filed resides or has their principal place of business,
and must be brought within three years after the occurrence of the alleged
violation.
(B) Such civil action
may be brought for appropriate injunctive relief, actual damages, or both, and
may be brought by one or more employees or former employees on behalf of him or
herself or themselves and other employees similarly
situated.
Notes
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