§ 22-9-313 - Annual determination of wage rates -- Procedure.
22-9-313. Annual determination of wage rates -- Procedure.
(a) (1) The Department of Labor shall investigate and determine the prevailing hourly rate of wages in the counties.
(2) Determinations shall be made annually on or about July 1 of each year and shall remain in effect until superseded by a new determination.
(3) In determining prevailing rates, the Department of Labor shall ascertain and consider the applicable wage rates established by collective bargaining agreements, if any, wage determinations by the United States Department of Labor, and such rates as are paid generally within the locality.
(b) A certified copy of the determination shall be filed immediately in the Department of Labor in Little Rock, and copies shall be furnished to all persons requesting them.
(c) (1) At any time within thirty (30) days after the certified copies of the determinations have been filed with the Department of Labor, any person who may be affected thereby may object in writing to the determination, or such part thereof as he or she deems objectionable, by filing a written notice with the Department of Labor stating the specific grounds of the objection.
(2) Within thirty (30) days of the receipt of the objection, the Department of Labor shall set a date for a hearing on the objection, which date shall be within sixty (60) days of the receipt of the objection.
(3) Written notice of the time and place of the hearing shall be given to the objectors and any other interested party at least ten (10) days prior to the date set for the hearing.
(4) The Department of Labor, at its discretion, may hear each written objection separately or consolidate for hearing any two (2) or more written objections.
(d) (1) At the hearing, the Department of Labor shall introduce in evidence the investigation it instituted and other facts which were considered at the time of the original determination and which formed the basis for its determination.
(2) The Department of Labor, any objectors, or any other interested party may thereafter introduce any evidence material to the issues.
(e) (1) Within ten (10) days of the conclusion of the hearing, the Department of Labor must rule on the written objections and make such final determination as it believes the evidence warrants.
(2) Immediately upon the final determination, the Department of Labor shall file a certified copy of its final determination with the Department of Labor and shall serve a copy of the final determination on all parties to the proceedings by personal service or by registered mail.
(f) (1) The final decision by the Department of Labor concerning the prevailing wages in the county shall be subject to review by the circuit court of the county in which the determination is made, but only if suit is started within thirty (30) days by any person who is a party thereto.
(2) All proceedings in any court affecting a determination of the Department of Labor under the provisions of this subchapter shall have priority in hearing and determination over all other civil proceedings pending in the court, except election contests.
(3) The review by the circuit court shall be on the record made before the Department of Labor, and the decision of the Department of Labor shall be sustained if supported by substantial evidence.
(4) The finding of the Department of Labor ascertaining and declaring the prevailing hourly rate of wages shall be final unless reviewed under the provisions of this section.