§ 235. Investigation and hearing. 1. Whenever the fiscal officer has\nreason to believe that a service employee has been paid less than the\nwages stipulated in the contract, or if such contract has no wage\nschedule attached thereto and the fiscal officer has reason to believe\nthat a service employee has been paid less than the wages prevailing for\nhis craft, trade or occupation, the fiscal officer may, and upon receipt\nof a written complaint from an employee employed thereon, shall conduct\na special investigation to determine the facts relating thereto.\n 2. a. At the start of such investigation the fiscal officer may notify\nthe financial officer of the public agency interested who shall, at the\ndirection of the fiscal officer, forthwith withhold from any payment due\nto the contractor executing the contract sufficient money to safeguard\nthe rights of the service employees and to cover the civil penalty that\nmay be assessed as provided herein, or, if there are insufficient moneys\nstill due or earned to the contractor or subcontractor to safeguard the\nrights of the service employees and to cover the civil penalty that may\nbe assessed as provided herein, the financial officer of another civil\ndivision which has entered or subsequently enters into a building\nservice work contract with the contractor or subcontractor, who shall\nwithhold from any payment due the contractor or subcontractor executing\nany building service work, sufficient moneys to safeguard the rights of\nthe service employees and to cover the civil penalty that may be\nassessed as provided herein.\n b. If there are still insufficient moneys still due or earned to the\ncontractor or subcontractor to safeguard the rights of the service\nemployees and to cover the civil penalty that may be assessed as\nprovided herein, the financial officer shall immediately so notify the\nfiscal officer, who may issue a notice of withholding to any of the\nfollowing: any substantially-owned affiliated entity or successor or\nsubsidiary of the contractor or subcontractor; an officer of the\ncontractor or subcontractor who knowingly participated in the violation\nof this article, any of the partners, if the contractor or subcontractor\nis a partnership, or any of the five largest shareholders of the\ncontractor or subcontractor, as determined by the fiscal officer.\n c. The notice of withholding shall provide that the fiscal officer\nintends to instruct the financial officer, not less than ten days\nfollowing service of the notice by mail, to withhold sufficient moneys\nto safeguard the rights of the service employees and to cover the civil\npenalty that may be assessed as provided herein, from any payment due\nthe notified party under any building service work contract pending\nfinal determination. The notice of withholding shall provide that within\nthirty days following the date of the notice of withholding the notified\nparty may, contest the withholding on the basis that the notified party\nis not a partner or one of the five largest shareholders of the\nsubcontractor or contractor, an officer of the contractor or\nsubcontractor who knowingly participated in the violation of this\narticle, a substantially-owned affiliated entity or successor. If the\nnotified party fails to contest the notice of withholding, or if the\nfiscal officer, after reviewing the information provided by the notified\nparty in such contest, determines that the notified party is a partner\nor one of the five largest shareholders, a substantially-owned\naffiliated entity, an officer of the contractor or subcontractor who\nknowingly participated in the violation of this article, or a successor,\nthe fiscal officer may instruct the financial officer to immediately\nwithhold sufficient moneys to safeguard the rights of the service\nemployees and to cover the civil penalty that may be assessed as\nprovided herein from any payment due the notified party under any\nbuilding service work contrac
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