Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 20 - Labor and Industrial Relations Commission › Chapter 5 - Rules Relating to Objections to Wage Orders, Including Prevailing Wage Determinations and Occupational Title of Work Descriptions › Section 8 CSR 20-5.010 - Objections and Hearing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment adds a requirement that
				  objectors who plan to rely on hours not previously submitted to the Division of
				  Labor Standards prior to its January 31 deadline plead and prove a good cause
				  why the hours were not previously submitted; clarifies procedures for the
				  prehearing and hearing before the commission; and clarifies the criteria and
				  procedure for LIRC consideration of a motion to amend from the Division of
				  Labor Standards.
(1)
				Objections. Within thirty (30) days after the certified copy of a wage order
				has been filed with the secretary of state and the commission, any person who
				may be affected by the wage order may object, in writing, to the wage order, or
				any part thereof that the party considers objectionable by filing an objection
				with the commission. The objector shall set forth in writing, the specific
				grounds of objection and not merely a conclusion that the wage rate is too high
				or too low, but shall set out in detail how the objector reaches the conclusion
				that the rate is either too high or too low. If the objection is premised, in
				whole or in part, upon hours that were not previously reported to the Division
				of Labor Standards on or before January 31 of the year in which the objection
				is filed, the commission will consider the objection only if the objector is
				able to allege and prove a good cause why the hours were not previously
				reported to the Division of Labor Standards. If the objector fails to identify
				and allege such good cause in the written objection, the objection may be
				dismissed by the commission without a hearing. For purposes of this rule, "good
				cause" shall mean those circumstances in which the objector acted in good faith
				and reasonably under all the circumstances. At the time of filing the
				objection, a copy shall be furnished to the Division of Labor Standards. Within
				thirty (30) days of the receipt of the objection, the commission shall set a
				date for a hearing on the objection. The day for the hearing shall be within
				sixty (60) days of the receipt of the objection. Written notice of the time and
				place of the hearing shall be given to the objectors, proponents, and other
				interested parties at least ten (10) days prior to the date set for the
				hearing.
(2) Hearings, generally.
(A) Hearings held by the commission under the
				Prevailing Wage Law shall be held by the commission, any commissioner or a
				representative designated by the commission. If the hearing is conducted by one
				(1) of the commissioners or by a designated representative, a recommended order
				will be prepared by such commissioner or designated representative and such
				order will be subject to the approval of a majority of the commission qualified
				to review the recommended order.
(B) At the hearing, any party may be
				represented by an attorney-at-law. Only an attorney, licensed to practice in
				Missouri, may appear in a representative capacity. A person whose conduct is
				detrimental to the proper and orderly conduct of the hearings may be excluded
				from the hearing room by the commission or designated representative. The
				commission or its designated representative may examine any party or
				witness.
(C) In order for the
				commission to make its determination(s) within the statutory time periods for
				disposing of objections, a request to postpone or continue a prehearing
				conference or hearing will not be granted unless the commission determines that
				extraordinary circumstances are present and that the interests of justice
				require such a remedy. Alternatively, on its own motion, the commission may
				adjourn, postpone, or continue any hearing from time-to-time or place-to-place
				at its discretion.