(a) If an arbitrator determines that § 2258.023 has been violated, the arbitrator shall assess and award against the contractor or subcontractor:
(1) penalties as provided by § 2258.023 and this section; and
(2) all amounts owed to the affected worker.
(b) An arbitrator shall assess and award all reasonable costs, including the arbitrator’s fee, against the party who does not prevail. Costs may be assessed against the worker only if the arbitrator finds that the claim is frivolous. If the arbitrator does not find that the claim is frivolous and does not make an award to the worker, costs are shared equally by the parties.