(a) The Agency is authorized to implement and enforce this Article 81 and may promulgate guidelines or rules for such purposes; provided, however, that the Controller is authorized to implement and enforce Section 81.5(a), (b), and (d) and may promulgate guidelines or rules for such purposes. Any guidelines or rules promulgated by the Agency or the Controller shall have the force and effect of law and may be relied on to determine a person’s rights and responsibilities under this Article.
(b) Any person who has reason to believe that a violation of this Article 81 has occurred may report the suspected violation to the Agency.
(c) The Agency may investigate possible violations of this Article 81. Where the Agency has reason to believe that a violation has occurred, it may order any appropriate temporary or interim relief to mitigate the violation or maintain the status quo pending completion of a full investigation and administrative determination.
(d) Where the Agency determines that a violation has occurred following an investigation that affords due process, including notice of the alleged violation and the right to respond, the Agency may issue a determination of violation and order any appropriate relief to any person whose rights have been violated. Further, pursuant to California Constitution Article XIIIC, Section 1(e)(5), the Agency may order the payment of an additional sum as an administrative penalty of $1,000 for an Owner’s or Covered Contractor’s first violation, $5,000 for the second violation, and $10,000 for the third and subsequent violations. For the purpose of this calculation, if multiple people are impacted by the same violation at the same time, the Agency shall treat the violation as a single violation rather than multiple violations. To compensate the City for the reasonable regulatory costs of investigating and remedying the violation, pursuant to California Constitution Article XIIIC, Section 1(e)(3), the Agency may also order the violating Hiring Entity to pay to the City an amount that does not exceed the Agency’s investigation and administrative enforcement costs.
(e) The determination of violation shall provide notice of the right to appeal the determination to the Controller and that failure to do so within 15 days shall result in the determination becoming a final administrative decision.
(f) The determination of violation shall specify a reasonable time period for payment of any relief ordered. The Agency may award interest on all amounts due and unpaid at the expiration of such time period at the rate of interest specified in subdivision (b) of Section 3289 of the California Civil Code, as may be amended from time to time.
(g) The remedies and penalties provided under subsection (c) are cumulative.
(h) The Agency may require that remedies and penalties due and owing to a person whose rights under this Article 81 were violated to be paid directly to the City for disbursement to the person. The Controller shall hold these funds in escrow for the person. The Agency shall make best efforts to distribute such funds. In the event such funds are unclaimed for a period of three years, the Controller may undertake administrative procedures for escheat of unclaimed funds under California Government Code Sections 50050 et seq., as may be amended from time to time. Subject to the budgetary and fiscal provisions of the Charter, such escheated funds shall be dedicated to the enforcement of this Article 81 or other laws the Agency enforces.