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

7 CCR 1103-6-6

40 CR 15, August 10, 2017, effective 9/1/2017 45 CR 23, December 10, 2022, effective 1/1/2023 46 CR 23, December 10, 2023, effective 1/1/2024