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This entry was published on 2022-01-07
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SECTION 224-B
Stop-work orders
Labor (LAB) CHAPTER 31, ARTICLE 8
§ 224-b. Stop-work orders. Where a complaint is received pursuant to
this article, or where the fiscal officer upon his or her own
investigation, finds cause to believe that any person, in connection
with the performance of any contract for public work pursuant to section
two hundred twenty of this article or any covered project pursuant to
section two hundred twenty-four-a of this article, has substantially and
materially failed to comply with or intentionally evaded the provisions
of this article, the fiscal officer may notify such person in writing of
his or her intention to issue a stop-work order. Such notice shall (i)
be served in a manner consistent with section three hundred eight of the
civil practice law and rules; (ii) notify such person of his or her
right to a hearing; and (iii) state the factual basis upon which the
fiscal officer has based his or her decision to issue a stop-work order.
Any documents, reports, or information that form a basis for such
decision shall be provided to such person within a reasonable time
before the hearing. Such hearing shall be expeditiously conducted.

Following the hearing, if the fiscal officer issues a stop-work order,
it shall be served by regular mail, and a second copy may be served by
telefacsimile or by electronic mail, with service effective upon receipt
of any such order. Such stop-work order shall also be served with regard
to a worksite by posting a copy of such order in a conspicuous location
at the worksite. The order shall remain in effect until the fiscal
officer directs that the stop-work order be removed, upon a final
determination on the complaint or where such failure to comply or evade
has been deemed corrected. If the person against whom such order is
issued shall within thirty days after issuance of the stop-work order
makes an application in affidavit form for a redetermination review of
such order the fiscal officer shall make a decision in writing on the
issues raised in such application. The fiscal officer may direct a
conditional release from a stop-work order upon a finding that such
person has taken meaningful and good faith steps to comply with the
provisions of this article.