                                 CODE OF VIRGINIA

DEBARMENT; CIVIL PENALTY (§ 58.1-1902)

A. Whenever the Department determines that an employer failed to properly
classify an individual as an employee under the provisions of &#xA7; 58.1-1900,
the Department shall notify such employer of the determination. This
notification shall serve as an action by the Department with respect to
debarment that allows the employer to apply for relief pursuant to &#xA7;&#xA7;
58.1-1821 and 58.1-1825.

B. Upon an employer&#8217;s subsequent violations of subsection A, and after all
rights of administrative and judicial appeals have been exhausted or the time
period for bringing such appeals has expired, the Department shall provide
notice to all public bodies and covered institutions of the name of such
employer. Public bodies and covered institutions shall not award a contract to
such employer or to any firm, corporation, or partnership in which the employer
has an interest in the following manner:

   1. For a period of up to one year, as determined by the Department, from the
   date of the notice provided pursuant to this subsection for a second offense.

   2. For a period of up to three years, as determined by the Department, from
   the date of the notice provided pursuant to this subsection for a third or
   subsequent offense.

HISTORY: 2020, cc. 681, 682; 2023, cc. 518, 519.