7 CCR 1103-6-7 - Remedies and Fines

7.1 KJICA Remedies and Fines

7.1.1 If the Division determines that a contractor has knowingly violated Rule 3, it shall subject the contractor to the following fines:

(A) for the first violation, either five thousand dollars or an amount equal to one percent of the cost of the contract, whichever is less;

(B) for the second violation, either ten thousand dollars or an amount equal to one percent of the cost of the contract, whichever is less; or

(C) for the third violation and any subsequent violation thereafter, either twenty-five thousand dollars or an amount equal to one percent of the cost of the contract, whichever is less.

If the Division has imposed three or more KJICA fines on a contractor within the past five years and finds the violations to be egregious, the Division may initiate the process to debar the contractor pursuant to C.R.S. § 24-109-105.

7.2 Prevailing Wage Act Remedies and Fines

7.2.1 If the Division reaches a determination pursuant to Rule 5 of the Wage Protection Rules, 7 CCR 1103-7, that a willful violation of Rule 4 of these Rules occurred, the Division may order any remedies permitted by law, including but not limited to that the Division:

(A) shall order restitution of applicable back pay for the impacted employees, including damages in an amount equal to the amount of unpaid wages or benefits owed, and any penalties that may be awarded under the Colorado Wage Act (unpaid fringe benefit contributions owed shall be paid to the appropriate benefit fund, except that in the absence of an appropriate fund the benefit shall be paid directly to the individuals), and

(B) shall subject the contractor to the following fines:

(1) for the first violation, five thousand dollars;

(2) for the second violation, ten thousand dollars; and

(3) for the third violation and all subsequent violations thereafter, twenty-five thousand dollars.

Notes

7 CCR 1103-6-7

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