Determination of hourly rate for heavy and highway construction work, when made, where filed, objections, hearing, determination
A state department figures out the going hourly pay rate for heavy and highway construction jobs in different areas. It posts that rate every year by July 1st. People who are affected by the rate can challenge it in writing within 30 days, get a hearing, and later take the matter to court if they disagree with the final decision.
290.260. of hourly rate for heavy and construction work, when made, where filed, objections, , determination. — 1. The , as it deems necessary, shall from time to time investigate and determine the for heavy and highway construction work in the localities. In doing so, the department shall accept and consider regarding local wage rates that is submitted in either paper or electronic formats. A determination applicable to every to be contained in a general wage shall be made annually on or before July first of each year for the Missouri and shall remain in effect until by a new general wage order. In determining prevailing rates, the department shall and consider the applicable wage rates established by , if any, and the rates that are paid generally within the locality.
2. A of the determination so made shall be filed immediately with the and with the department in Jefferson City. Copies shall be supplied by the department to all persons requesting them within ten days after the .
3. At any time within thirty days after the of the determinations have been filed with the secretary of state and the department, any person who is affected thereby may object in writing to the determination or the part thereof that he deems objectionable by filing a written notice with the department, stating the specific grounds of the objection.
4. Within thirty days of the receipt of the objection, the department shall set a date for a hearing on the objection. The date for the hearing shall be within sixty days of the receipt of the objection. Written notice of the time and place of the hearing shall be given to the objectors at least ten days prior to the date set for the hearing.
5. The department at its may hear each written objection separately or for hearing any two or more written objections. At the hearing the department shall first introduce in evidence the investigation it instituted and the other facts which were considered at the time of the original determination which formed the basis for its determination. The department, or the objector, or any , thereafter may introduce any evidence that is to the issues.
6. Within twenty days of the conclusion of the hearing, the department must on the written objection and make the that it believes the evidence . Immediately, the department shall file a certified copy of its final determination with the secretary of state and with the department and shall serve a copy of the final determination on all parties to the proceedings by or by .
7. This decision of the department of the prevailing wages in the locality is subject to in accordance with the of . Any person affected, whether or not the person participated in the proceedings resulting in the final determination, may have the decision of the department reviewed. The filing of the final determination with the secretary of state shall be considered a of the final determination on persons not participating in the resulting in the final determination.
8. At any time before trial any person affected by the final determination of the department may in the proceedings to review under chapter 536 and be made a to the proceedings.
9. All proceedings in any court affecting a determination of the department under the provisions of sections 290.210 to 290.340 shall have and determination over all other civil proceedings pending in the court, except .
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Source & history notes
(L. 1957 p. 574 § 8, A.L. 1965 p. 95, A.L. 1969 S.B. 142, A.L. 2013 H.B. 34) (1962) The function of the court in reviewing decision of industrial commission fixing hourly wage rate is to decide if the determination was authorized by law and supported by competent and substantial evidence upon the whole record. United Bro. of Carpenters, etc. v. Industrial Commission (A.), 363 S.W.2d 82.
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