SANCTIONS
§ 49.71. Generally.
(a) In accordance with the rules, regulations or orders that the Commission may issue or adopt, the agency or the Commission may, after hearing and adjudication, impose one or more of the sanctions enumerated in subsection (b) as appropriate, to attain full and effective enforcement. If the Commission assumes responsibility for compliance review under § 49.63 (relating to determination of compliance status) the Commission may, after hearing and adjudication, order the imposition of appropriate sanctions and require the Commonwealth contracting agency to implement the sanctions.
(b) The Commission or agency may proceed as follows:
(1) Publish or cause to be published the names of contractors and labor unions which it has determined have complied or have failed to comply with the provisions of this chapter or with rules, regulations and orders of the Commission or the Agency.
(2) Recommend to the Attorney General that, in cases where there is substantial or material violation of this chapter, or the contract nondiscrimination clause, appropriate proceedings be brought to enforce such provisions, including the enjoining, within the limitations of applicable law, of organizations, individuals, or groups who prevent directly or indirectly, compliance with provisions of this chapter.
(3) Recommend to the appropriate law enforcement official that criminal proceedings be brought for willfully furnishing false information to any state contracting agency or the Commission, as the case may be.
(4) Provide for the fixed-period suspension of the remaining obligations under the contract pending compliance by the contractor with this chapter and the termination of the remaining obligations under the contract; provided that the failure of the contractor to comply with the adjudication within the fixed period stated in the order (but not fewer than 30 days) shall be considered a material breach and shall give the Commonwealth the right to bring an action against the contractor and the surety on the contractor’s bond to recover expenses incurred in reletting the contract, delay in performance, or other verifiable damages.
(5) Provide that a Commonwealth contracting agency shall refrain from entering into further State contracts or extensions, or other modifications of existing contracts with a noncomplying State contractor and that a State contracting agency which requires prequalification of bidders shall revoke the qualification of a noncomplying State contractor until the contractor has satisfied the agency or the Commission that it has established and shall carry out personnel and employment policies in compliance with this chapter.
Cross References This section cited in 4 Pa. Code § 68.2 (relating to imposition of sanctions).
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