N.Y. Labor Law § 224-b: Stop-work orders

§ 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.