HAR §12-22-9. Appeal of classification determination

(a) Any person aggrieved by the director’s determination made pursuant to section 12-22-8 may, within ten days after mailing of the determination, appeal in writing to the hearings officer appointed by the director in conformance with chapter 91, HRS. (b) Any party to the appeal may obtain judicial review of the appeals decision in the manner provided in chapter 91, HRS. [Eff 7/27/81; comp 4/1/96; am and comp 7/23/18 ] (Auth: HRS §104-29) (Imp: HRS §104-2) §12-22-10 Certified payroll and record keeping requirements. (a) Each contractor shall maintain accurate and complete payroll records and related employment records during the course of the work and preserve the records for a period of three years from the close of the project for all laborers and mechanics working on the public works construction project in English containing the following information and data on each laborer and mechanic engaged in the performance of the contract at the job site: (1) Name in full; (2) Home address; (3) Last four digits of social security number; (4) Copy of the apprentice's registration with the department; (5) Job classification for each classification of work performed; §12-22-10 22-13 (6) Rate of pay; (7) Hours worked each workday and total hours worked each workweek; (8) Total weekly straight-time earnings; (9) Total weekly overtime earnings; (10) Total weekly gross earnings; (11) The amount and purpose of each deduction; (12) Total net wages paid and the date paid; and (13) Other information as the director may require. (b) Whenever a contractor provides fringe benefits to covered workers, the contractor shall further maintain records showing the irrevocable commitment to provide the benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing the benefits. (c) Contractors employing apprentices under an approved program shall maintain a written record of the registration of the apprenticeship program, the registration of the apprentices, and the ratios and wage rates prescribed for the applicable program. (d) A contractor shall submit weekly for each week in which any construction work is performed a copy of all certified payrolls to the contracting agency. The certified payrolls submitted shall set out accurately and completely all of the information required to be maintained under this chapter. The general contractor is responsible for the submission of the certified payroll records for all subcontractors. (e) Each certified payroll submitted shall be accompanied by a "Statement of Compliance", signed by the contractor or the contractor's designated representative and shall certify or attest that: (1) The information for the payroll period reported is correct and complete; (2) Each laborer or mechanic, or apprentice employed on the contract during the payroll period has been paid the full weekly wages §12-22-10 22-14 earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth by law; and (3) Each laborer or mechanic has been paid not less than the applicable prevailing wage and fringe benefits or cash equivalent for the classification of work performed, as specified in the wage rate schedule applicable to the public work construction project at the time the work was performed. (f) Certified payrolls submitted shall be numbered consecutively from the first week in which work is performed. Subsequent weeks shall be numbered in chronological order with the final week in which work is performed to be labeled "final". (g) Amended certified payroll records submitted shall be labeled amended with a detailed explanation of the reason for the amendment. (h) The falsification of any of the required documents may subject a contractor to civil penalties including suspension or criminal prosecution, or both. (i) The contractor shall provide an electronic copy of the records or make the records available for inspection and photocopying, or transcription by the director and the director's authorized representatives. The contractor shall permit the director or the director's representatives to privately interview employees during working hours on the job. If a contractor fails to submit required records or to make the records available, or fails to allow private interviews with employees, the director may take such action as may be necessary to cause the suspension of any further payment. Failure to comply may also be grounds for immediate suspension pursuant to chapter 104, HRS. [Eff 7/27/81; comp 4/1/96; am and comp 7/23/18 ] (Auth: HRS §104-29) (Imp: HRS §§104-3, 104-22, 104-25) §12-22-13 22-15