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337.525 Judicial review.
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Any person or party claiming to be aggrieved by any final determination of
prevailing wages by the prevailing wage review board may appeal to the
Franklin Circuit Court. The appeal shall state fully the grounds upon which an
appeal is sought and assign all errors relied upon. A copy of the appeal and
summons shall be served upon the Department of Workplace Standards and
the members of the prevailing wage review board and within thirty (30) days
after such service, or within such further time as the court may allow, the
department on behalf of the prevailing wage review board shall submit to the
court a certified copy of all matters considered by the prevailing wage review
board from which it made its final wage determination.
No new or additional evidence may be introduced in the Franklin Circuit Court
except as to the fraud or misconduct of some person engaged in the
administration of this chapter and affecting the order, ruling, or award. The
court shall otherwise hear the appeal upon the record as certified by the
Department of Workplace Standards and shall dispose of same in summary
manner. The court shall not substitute its judgment for that of the prevailing
wage review board, the court's review being limited to determining whether or
not:
(a) The prevailing wage review board acted without or in excess of its
powers;
(b) The prevailing wage review board's final wage determination was
procured by fraud;
(c) The determination is not in conformity with the provisions of this chapter;
(d) The determination is clearly erroneous on the basis of the information
contained in the record; or
(e) The final wage determination is arbitrary or capricious.
The Franklin Circuit Court thereafter shall enter an order affirming or setting
aside the prevailing wage review board's wage determination. The court may
also remand the case to the prevailing wage review board for further
proceedings.
An appeal may be taken to the Court of Appeals from any decision of the
Franklin Circuit Court under this section.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1746, effective July 15, 2010. -Amended 1984 Ky. Acts ch. 414, sec. 16, effective July 13, 1984. -- Amended
1970 Ky. Acts ch. 33, sec. 7. -- Created 1962 Ky. Acts ch. 173, sec. 5.
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