Investigation; penalties
HRS §104-22
in effect104-22. Investigation; penalties
(a) The department may conduct investigations to determine compliance with this chapter. The department may enter the job site, examine records of any contractor, either during or after the performance of any contract, or subpoena the records. The department may also interview employees during working hours on the job.
(b) If any contractor interferes with or
delays any investigation by the department, the governmental contracting
agency, on receipt of written notice from the director of the interference or
delay, shall withhold from the contractor all further payments until the
director has notified the governmental contracting agency in writing that the
interference or delay has ceased. Interference or delay includes failure to
provide requested records under section 104-3; failure to allow employees to be
interviewed during working hours on the job; and falsification of records
required under this chapter. The department shall assess a penalty of $10,000
per project for interference or delay. For each day thereafter that the
employer fails to cooperate, the director shall assess a penalty of $1,000 per
project.
(c) The names of all complainants shall be
withheld from the employer unless prior permission is given by the complainant
to release the complainant's name.
[L 1995, c 181, pt of §2; am L 1998, c 280,
§2; am L 2014, c 130, §4; am L 2015, c 167, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0104/HRS_0104-0022.htmFetched: 11/10/2026