(a) Complaint procedure. The director shall provide a complaint form on the official city website. Any affected individual or organization representing such individual(s) may file a complaint with the director for any violation of this article.
(b) Review and investigation. The director shall review and investigate the complaint and shall make a finding of compliance or noncompliance within sixty (60) days of the complaint being filed, including a determination of whether an employer is covered by this article. The covered contractor shall permit authorized agents of the director to observe the work being performed on the work site, to interview employees, and examine the books and records relating to the payrolls being investigated to determine whether or not the covered contractor is in compliance with this article. Failure of the director to issue a finding of compliance or noncompliance does not relieve the covered contractor of their obligations under this article.
(c) Finding of noncompliance. If at any time the director, upon investigation of a complaint or upon independent investigation, finds that a violation of this article has occurred it shall issue a finding of noncompliance and notice of corrective action to the covered contractor. The finding of noncompliance shall specify the areas of noncompliance, indicate such corrective action as may be necessary to achieve compliance, and impose deadlines for achieving compliance.
(d) Dispute of finding of noncompliance. A covered contractor may dispute a finding of noncompliance and notice of corrective action by requesting a review within thirty (30) days of the date of the finding. The director shall appoint a hearing officer, who shall affirm or reverse the finding of noncompliance based upon evidence presented by the applicable city department and the covered contractor. Where the finding of noncompliance and notice of corrective action requires wage restitution, the covered contractor must, as a precondition to a request for review, provide evidence that such wages have either been paid or placed into an escrow account and will be paid from the escrow account directly to employees if the hearing officer affirms the director's finding. A covered contractor who does not timely request review or appeal, or who fails to pay or escrow wages as provided herein, waives the right to dispute a finding of noncompliance. A finding of noncompliance and notice of corrective action shall become final if either the covered contractor fails to request review within thirty (30) days as provided in this paragraph, or the hearing officer affirms such finding after a review.
(e) A violation by a subcontractor of a covered contractor shall be deemed a violation by the covered contractor.
(Ord. No. 12066, § 1, 1-9-24)