West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-07 - Rules And Regulations For The WV Prevailing Wage Act › Section 42-7-5 - Prevailing Wage Established At Regular Intervals; How Determined; Hearings On Objections; Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Division 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
				January 1 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 Division 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.
5.2. A
				copy of the determination so made shall be filed with the Secretary of State
				under the provisions of this Act and W. Va. Code '29A et seq. (State
				Administrative Procedure). Copies shall be supplied to all persons requesting
				same within ten (10) days after such filing or as provided for in W. Va.. '29A
				et seq.
5.3. 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.
5.4. 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.
5.5. Within ten 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.
5.6. 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.
5.7. Any
				party affected by the proceedings in Subsection 5.6 of these rules 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.
5.8. This subsection will
				illustrate the proceedings set forth in Subsections 5.1 through 5.8.
(a) 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).
(b) If the hearing is concluded on February
				15, a decision must be rendered by February 25 (within ten (10) days) and
				certified as provided.
(c) Any
				person affected may appeal to the minimum wage rate 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).
(d) 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
				action.