803 KAR 1:030.
Hearings on prevailing wage determinations.
RELATES TO: KRS
337.505-337.550
STATUTORY AUTHORITY:
KRS 337.520(1)
NECESSITY, FUNCTION,
AND CONFORMITY: KRS 337.520(1) grants the executive director the authority to
make and revise such rules and administrative regulations as he may deem appropriate
to carry out the provisions and purposes of KRS 337.505 to 337.550. The
function of this administrative regulation is to set up procedures for any
interested person requesting a hearing to be held for the purpose of making or
revising a prevailing wage determination.
Section 1. For
purposes of KRS 337.505 to 337.550 "any interested person" shall
mean:
(1) Any public
authority in the locality where the hearing is held.
(2) Any contractor
eligible by law to bid on public works construction.
(3) Any association
or group representing contractors eligible by law to bid on public works
construction.
(4) Any labor
organization representing a class, trade or group of workers within the
locality where the hearing is held, which class, trade or group will be
affected by the prevailing wage determination of the executive director.
(5) Any class,
trade, or group of nonunion workers in the locality which will be affected by
the prevailing wage determination of the executive director.
Section 2. Any
interested person may request a hearing for the purpose of making or revising a
prevailing wage determination by notifying the executive director in writing
stating the locality he wants a hearing held in. The executive director or his
authorized representative will conduct said hearing within a reasonable time.
The executive director in determining what rates of wages prevail shall
consider the criteria set forth in KRS 337.520(3)(a), (b), and (c).
Section 3. Upon
completion of the aforementioned hearing, the executive director or his
authorized representative shall announce to those present that any interested
person who wishes a copy of the executive director’s determination shall notify
the executive director or the Office of Workplace Standards in writing within
ten (10) days of the completion of said hearing.
Section 4. Upon
completion of the prevailing wage determination, the commissioner shall
immediately send copies of said determination to all those interested persons
requesting copies pursuant to Section 3 of this administrative regulation.
(LAB-3; 1 Ky.R. 49; Am. 119; eff. 11-13-74; TAm eff. 8-9-2007.)