(a) Whenever the Chief Executive Officer has a reason to believe that any contractor or subcontractor awarded a state set-aside contract has willfully violated any provision of this subchapter, the Chief Executive Officer shall send a notice to such contractor or subcontractor by certified mail, return receipt requested. The notice must include:(1) A reference to the provisions alleged to be violated;(2) A short and plain statement of the matter asserted that constitute a violation;(3) The maximum civil penalty that may be imposed for such violation;(4) The time and place for the hearing.; and(5) A statement that the person charged with a violation may be represented by counsel.
(1) A reference to the provisions alleged to be violated;
(2) A short and plain statement of the matter asserted that constitute a violation;
(3) The maximum civil penalty that may be imposed for such violation;
(4) The time and place for the hearing.; and
(5) A statement that the person charged with a violation may be represented by counsel.
(b) The hearing must be set for a date not earlier than 14 days nor later than 30 days after the notice is mailed.
(c) The Economic Development Authority shall hold a hearing on the violation If, after the hearing, the Chief Executive Officer finds that the contractor or subcontractor has willfully violated any provision of this subchapter, the Chief Executive Officer shall suspend all set-aside contract payments to the contractor or subcontractor and may order that a civil penalty not exceeding $10,000 per violation be imposed on the contractor or subcontractor. If the contractor or subcontractor fails to appear for the hearing or fails to pay the civil penalty, the Attorney General may bring an action to enforce the assessment of civil penalty or enforce any order issued by the Chief Executive Officer.