West Virginia Code of State Rules › Agency 43 - Minimum Wage Rate Board › Title 43 - LEGISLATIVE RULE MINIMUM WAGE RATE BOARD › Series 43-01 - Rules And Regulations For The WV Prevailing Wage Act › Section 43-1-5 - Prevailing Wage Established At Regular Intervals; How Determined; Hearings On Objections And Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) The Department
			  of Labor, from time to time, shall
			  investigate and determine the
			  prevailing hourly rate of wages in the
			  localities in this State.
			  Determinations thereof shall be made
			  annually on the first day of January
			  of each year and shall remain in
			  effect during the successive year:
Provided, however,
That
			  such rates shall not remain in effect
			  for a period longer than fifteen (15)
			  months from the date they are
			  published.
In determining such
			  prevailing wage rates, the Department
			  of Labor may ascertain and consider
			  the applicable wage rates established
			  by collective bargaining agreements,
			  if any, and such rates as are paid
			  generally within the locality of this
			  State where the construction of the
			  public work is to be performed.
(b) A copy of the
			  determination so made shall be filed
			  with the Secretary of State under the
			  provisions of this Act and chapter
			  twenty-nine-a, (State Administrative
			  Procedures) of the Code of West
			  Virginia. Copies shall be supplied to
			  all persons requesting same within ten
			  (10) days after such filing or as
			  provided for in chapter twenty-nine-a
			  of the Code of West Virginia.
(c) At any time
			  within fifteen (15) days, after such
			  filing, any affected person may
			  object, in writing, to the
			  determination by filing such written
			  notice with the Commissioner stating
			  specific grounds of the
			  objection.
(d) Within ten (10)
			  days of the receipt of such objection,
			  the Commissioner shall set a date for
			  a hearing and that date shall be
			  within thirty (30) days after receipt
			  of the objection by written notice as
			  to the time and place for said
			  hearing, and such notice shall be at
			  least ten (10) days prior to the date
			  set so as to enable the objector to be
			  present.
(e) Within ten (10)
			  days of the conclusion of such hearing
			  the Commissioner shall rule and make a
			  decision based upon evidence
			  presented. Such decision shall be
			  filed with the Secretary of State and
			  a copy to all parties by personal
			  service or registered mail.
(f) Any person
			  affected may appeal the aforementioned
			  decision to the Minimum Wage Rate
			  Board within ten (10) days after such
			  filing. The Board shall hear the
			  appeal within twenty (20) days in
			  Charleston and shall render its
			  decision within ten (10) days after
			  the conclusion of the hearing.
(g) Any party
			  affected by the proceedings in
			  Subsection (g) may, within thirty (30)
			  days, appeal the Board's decision to
			  the Circuit Court of the county
			  wherever the project is to be
			  performed. The decision of such
			  Circuit Court may be appealed to the
			  Supreme Court of West Virginia by any
			  person affected thereby in the manner
			  provided by law for appeals in civil
			  action.
(h) This subsection
			  will illustrate the proceedings set
			  forth in Subsection (a) through (h) of
			  this section.
(1) The Commissioner
			  files the determined wage rates on
			  January 1. If by January 16 (within
			  fifteen (15) days) an affected party
			  protests or objects, then the
			  Commissioner by January 26 (within ten
			  (10) days) sets a date for the
			  hearing. This hearing cannot be set
			  for a date later than February 5 (ten
			  (10) days prior to hearing
			  date).
(2) If the hearing
			  is concluded on February 15, a
			  decision must be rendered by February
			  25 (within ten (10) days) and
			  certified as provided.
(3) Any person
			  affected may appeal to the Minimum
			  Wage Board no later than March 7
			  (within ten (10) days) and the Board
			  shall hear the appeal by March 27
			  (within twenty (20) days) and the
			  Board shall render a decision by April
			  6 (within ten (10) days).
(4) Any person
			  affected by the Board's decision may
			  appeal to the Circuit Court of the
			  county wherein the project is
			  contemplated at a date no later than
			  May 6 (within thirty (30) days) and
			  the Circuit Court's decision may be
			  appealed to the Supreme Court of
			  Appeals of West Virginia in the manner
			  provided by Law for appeals in civil
			  actions.