| A. In the event an awarding agent cannot resolve a complaint under A.R.S. 34-322(B)(2) and 34-326(B) filed for violations of the Public Works Act it shall refer such complaint to the Labor Department.
B. Upon receipt by the Labor Department of such complaint, the following actions will be taken:
1. The Labor Department shall notify the general contractor that an investigation is being conducted and explain to the general contractor his responsibilities under A.R.S. 34-325(B) and 34-326.
2. The general contractor or any subcontractor under him shall make available to the Labor Department in its investigation accurate payroll records which shall include at a minimum the name, address and classification for each worker on the project since its beginning; the basic hourly rate of pay; hours charged to the project for each worker; and the method by which fringe benefits are required to be paid and the amount payable thereunder.
3. The Labor Department shall then conduct an audit of the above described payroll records and determine whether any discrepancies exist between the required prevailing wage rate and the wages actually paid or being paid.
4. The Labor Department may, in its discretion, contact the workers on or who have been on the project and verify with those workers the validity of the payroll records as it pertains to them and in the event discrepancies arise contact the responsible contractor to determine where the error may exist.
5. If a differential exists at the conclusion of the Labor Department's investigation, it shall direct the responsible contractor to make checks out payable to the workmen of funds involved for the differential and send same to the Labor Department for disbursement to the workmen.
6. Upon disbursement by the Labor Department of the monies described in subsection (5) above, notification shall be given to the awarding agent that the investigation is complete.
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