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Amend the amendment in section 1 by striking out all of subsection 5 and inserting the following:
 
‘5.  Stop-work orders.   In addition to any penalty imposed under section 324, subsection 3, if after a hearing the executive director determines that a hiring agent or construction subcontractor has knowingly failed to secure the payment to that hiring agent’s or construction subcontractor’s employees of the compensation provided for by this Act, the executive director or the executive director's designee shall issue a stop-work order pursuant to this subsection. The issuance of a stop-work order by the executive director or the executive director’s designee constitutes final agency action.
 
A.  A hiring agent or construction subcontractor must receive at least 3 business days' notice of a hearing regarding a stop-work order. The executive director or the executive director’s designee shall stay the issuance of a stop-work order if the hiring agent or subcontractor provides evidence acceptable to the executive director or the executive director’s designee that the hiring agent or subcontractor has provided and will continue to provide workers’ compensation coverage for the employees of that hiring agent or subcontractor or for the individuals whose status as employees or independent contractors is in question. Providing such coverage may not be evidence at the hearing that the hiring agent or subcontractor was required to do so under this Act.
 
B.  If the executive director or the executive director's designee finds at the hearing that the hiring agent or construction subcontractor knowingly failed to provide a workers' compensation insurance policy, the executive director or the executive director's designee shall issue a stop-work order effective immediately on the conclusion of the hearing to that hiring agent or construction subcontractor at the construction site at which the executive director or executive director's designee has determined a violation occurred, unless the hiring agent or subcontractor has provided coverage and will continue to do so pursuant to paragraph A.
 
C.  A stop-work order issued pursuant to this subsection remains in effect until the executive director or the executive director's designee issues an order releasing the stop-work order upon finding that the hiring agent or construction subcontractor has come into compliance with the requirements of this subsection and has paid any penalty assessed under section 324, subsection 3 or has entered into a penalty payment agreement with the board.
 
D.  A stop-work order issued pursuant to this subsection against a hiring agent or construction subcontractor applies to any successor firm, corporation or partnership of the hiring agent or construction subcontractor in the same manner as it applies to the hiring agent or construction subcontractor.
 
E.  Any payment or performance bond issued on or in relation to a construction project subject to a stop-work order may not cover any exposure arising out of or during the shutdown of that project.
 
For purposes of this subsection, a violation is considered knowing if the hiring agent or construction subcontractor has previously obtained workers' compensation insurance and the insurance has been cancelled or the insurance has not been continued or renewed; has been notified in writing by the board of the need for workers' compensation insurance; or has had one or more previous violations of the requirement to secure the payment to that hiring agent's or construction subcontractor's employees of the compensation provided for by this Act.’
 
SUMMARY
This amendment authorizes the Executive Director of the Workers’ Compensation Board or the executive director’s designee to stay a stop-work order if a hiring agent or construction subcontractor provides evidence that the hiring agent or subcontractor has complied with the provisions of the Maine Workers’ Compensation Act of 1992. It also extends the notice of hearing provision from 48 hours to 3 business days.
This amendment also protects an issuer of surety bonds from liability when a payment or a performance bond is required of a hiring agent or construction subcontractor and that hiring agent or construction subcontractor is subject to a stop-work order from the Executive Director of the Workers’ Compensation Board.
This amendment also defines what will be considered a knowing violation of the provision requiring that workers' compensation insurance be obtained for the purpose of issuing a stop-work order.