(a) If (i) the director or hearing officer determines that a covered contractor has failed to take corrective action for more than sixty (60) days after a notice of corrective action has become final; or (ii) the hearing officer determines that any portion of a covered contractor's dispute of a finding of noncompliance is frivolous or was brought for the purpose of delaying compliance, the director shall impose penalties, which may include any or all of the following: (1) wage restitution for the affected employee(s); (2) liquidated damages in the amount of three (3) times the wages owed; (3) a directive to the applicable city department to withhold any payments due the covered contractor, and to apply such payments to the payment of fines or the restitution of wages; or (4) rescission of the contract under which the violation occurred.
(b) In the event that the director or hearing officer determines that a covered contractor has willfully or more than twice in a three-year period failed to comply with this article, the director or hearing officer, in addition to the sanctions that may be imposed pursuant to subsection (a) above, may order debarment of the contractor pursuant to sections 28-99 through 28-106 of the Tucson City Code.
(Ord. No. 12066, § 1, 1-9-24)