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337.522 Hearings -- Publication of determination -- Revisions -- Prevailing
wage review boards attached to Labor Cabinet for administrative
purposes.
(1)
(2)
(3)
(4)
The commissioner or the commissioner's authorized representative shall
conduct a public hearing for the purpose of making initial determinations or
current revisions of a prevailing wage schedule for the construction of public
works pertaining to a locality. The commissioner shall, within sixty (60) days of
the hearing, publish his or her wage determination. The hearing shall be
conducted in the locality after notice has been given as provided in subsection
(3) of this section. The commissioner shall not be required to utilize this section
in any locality where the United States Department of Labor has issued a
prevailing wage under the Davis-Bacon or related acts, in which case, the
commissioner may adopt the wage schedule and any modifications issued by
the United States Department of Labor and published in the Federal Register.
A public authority or any interested person may request and shall be granted
an additional hearing solely for the purpose of having considered a review of
the commissioner's determination of the prevailing wage schedule for the
construction of public works in the locality; after notice has been given as
provided in subsection (3) of this section, the hearing shall be conducted in the
locality by a prevailing wage review board consisting of one (1) member
representing employers in the construction industry, one (1) member
representing labor in the construction industry, and one (1) member appointed
by the public authority requesting the hearing. The member appointed by the
public authority shall reside in the locality in which the public works are to be
constructed. The members of the board representing employers in the
construction industry and labor in the construction industry shall be appointed
for periods of not more than four (4) years by the Governor from a list of
prospective members recommended by bona fide associations representing
the construction industry and bona fide labor organizations representing
workers employed in the construction industry, and the members shall serve on
the board for all hearings during their tenure. Prevailing wage review boards
shall have the authority to revise prevailing wage schedules for the
construction of public works; however, the revisions shall be governed by the
same criteria and regulations governing wage determinations of the
commissioner. A revision of a prevailing wage schedule for the construction of
public works shall require a vote of a majority of the members. The members of
a prevailing wage review board shall receive their actual necessary expenses
incurred in carrying out their duties and the expenses shall be paid out of the
general fund of the Commonwealth of Kentucky.
Notice of hearings as required in subsections (1) and (2) of this section shall be
given by advertising one (1) time in the newspaper having the largest
circulation in the locality, and the advertisement shall be run not less than ten
(10) nor more than twenty (20) days prior to the date of the hearing. The
advertisement shall set forth all pertinent information of the hearing regarding
the time, place, and purpose of the hearing.
The prevailing wage review boards shall be attached to the Labor Cabinet for
administrative purposes.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1744, effective July 15, 2010. -Amended 1996 Ky. Acts ch. 48, sec. 3, effective July 15, 1996 -- Amended 1984
Ky. Acts ch. 414, sec. 15, effective July 13, 1984. -- Amended 1974 Ky. Acts
ch. 341, sec. 6. -- Amended 1972 Ky. Acts ch. 275, sec. 1. -- Created 1962 Ky.
Acts ch. 173, sec. 2(5) to (7). -- Formerly codified as part of KRS 337.520.
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