803 KAR 1:040. Review of executive director's determination.


      RELATES TO: KRS 337.505-337.550


      NECESSITY, FUNCTION, AND CONFORMITY: KRS 337.522(2) provides that a public authority or any interested person may request and shall be granted an additional hearing solely for the purpose of a review of the executive director's determination. The purpose of this administrative regulation is to set up the procedure for requesting such a review.


      Section 1. Any public authority or any interested person may request a hearing by the prevailing wage review board to review the executive director determination. The board shall conduct a hearing for this review in the locality only under the following circumstances: The request for review is communicated by any interested person to the permanent members of the board in writing (in care of the executive director) within thirty (30) days from the date a prevailing wage has been determined by the executive director in the locality. Notice of the hearing shall be given in accordance with the requirements of KRS 337.522(3) and the hearing shall be conducted in the locality.


      Section 2. The public authority or authorities in the locality shall advise the executive director and the permanent members of the board of the name of the member chosen by public authority or authorities at least ten (10) days prior to the date set for the hearing. In the event there is more than one (1) public authority requesting a review of the prevailing wage schedule and there is disagreement among the public authorities upon the appointment of a board member, or the requesting interested person is not a public authority, then the public authority member of the board shall be appointed by the County Judge of the locality where the hearing is to be held.


      Section 3. Any interested person desiring to subpoena witnesses to the board hearing shall file with the executive director not later than seven (7) days prior to the date set for the hearing, a list of the names and addresses of the persons he desires to the subpoenaed to attend and testify. The subpoenas shall be issued by one (1) of the permanent members of the board. The duty and costs of serving or obtaining service of subpoenas, attending the hearing and enforcement shall be that of the requesting interested person. A permanent board member may issue a subpoena at any time if, in his discretion, an emergency warrants issuance thereof.


      Section 4. Prior to or at each hearing the board shall designate its chairman for said hearing from one (1) of the two (2) permanent members of the board. The chairman shall preside and shall rule upon all procedural matters, including but not limited to admissibility of evidence, issuance and/or quashing of subpoenas, order of proof, etc.


      Section 5. The board shall maintain and provide at all hearings a written transcript of the proceeding before it, the cost of which shall be borne by the Department of Labor.


      Section 6. All decisions of the board shall be in writing and signed by the majority members of the board agreeing thereto within sixty (60) days. Any dissent shall also be in writing and signed by the members so dissenting within sixty (60) days.


      Section 7. All communications sent prior to a hearing addressed to the board or a member thereof may be sent in care of the Executive Director of the Office of Workplace Standards, Department of Labor, who shall transmit said communication to the board.


      Section 8. Costs of issuing and serving subpoenas, provided in Section 3 of this administrative regulation, shall include prepaid round-trip travel expense from the witness's home or place of service to the hearing site at the rate of twelve (12) cents per mile, plus the prepayment of twenty (20) dollars for each day or fraction thereof for attendance at the hearing. These sums shall be paid by the requesting interested person to the witness at the time of service of the subpoena. (LAB-4; 1 Ky.R. 49; Am. 120; eff. 11-13-74; TAm eff. 8-9-2007.)