8 AAC 100.010 - Reporting labor violations

(a) When, as a result of an investigation or enforcement action conducted under the authority of any statute administered or enforced by the Department of Labor and Workforce Development, the director of the division responsible for enforcing the statute finds that any person has committed a wilful or aggravated violation of the statute or any regulation adopted under that statue, the director shall make a report of that violation to the commissioner.

(b) The director shall consider the violation to be wilful for purpose of this section if the person committing the violation

(1) has been cited for two or more substantially similar violations within the preceding five years, and those citations have not been contested or have become final and not appealable;

(2) has been formally adjudicated in judicial or administrative forum as having committed two or more substantially similar violations within the preceding five years;

(3) had actual knowledge of the statutory or regulatory provision being violated before committing the violation; or

(4) failed to take reasonable steps to learn of particular provision violated.

(c) The dorector shall consider the violation to be aggrevated for purpose, of this section if

(1) the violation contributed to the injury or death of a person;

(2) death or injury occurs during a violation of AS 23.30.075;

(3) the person committing the violation failed to timely make any required report to any governmental agency regarding the violation or injury;

(4) the person committing the violation falsified records, concealed records, or took any other action to conceal the violation; or

(5) the person committing the violation transferred assets to any other person or entity to avoid liability or collection of a fine or debt owed because of a violation.

(d) The director of a division of the department shall make a report to the commissioner of any instance of a person failing to comply with any stop work order or cease and desist order issued under the authority of any statute administered by the department.

(e) If the director of a division of the department obtains knowledge that a person who conducts business within this state has been debarred list by a municipal, state, or federal agency, the director shall make a report to the commissioner of this debarment.

Notes

8 AAC 100.010

Eff. 4/22/2018,Register 226, July 2018

Authority:AS 23.05.010

AS 23.05.060

AS 44.31.020