HARRY HUGHES, Governor 2703
(d) The Commissioner, from time to time, shall
investigate and determine the prevailing hourly rate of
wages in the localities. Pursuant to this authority the
Commissioner shall divide the State and, from time to time,
redivide the State into various localities or areas for the
purpose of determining and fixing the prevailing rate of
wages therein. In so dividing or redividing the State, the
Commissioner shall not be restricted or confined to
geographical or political subdivisions of the State. In
determining prevailing wage rates, the Commissioner shall
ascertain and consider, among other things, the applicable
wage rates established by collective bargaining agreements.
[99.] 8-505.
(a) Any prospective bidder OR OFFEROR or his
representative, any representative of any group of employers
engaged in the particular type of construction involved, any
representative of any classification of workmen, or the
public body, within [ten (10)] 10 days after the call for
bids OR PROPOSALS on the public work involved, may file with
the Commissioner a verified petition, which sets forth the
facts upon which it is based, to review the determination of
any prevailing wage rate or rates. Within [two (2)] 2 days
thereafter a copy of the petition shall be filed with the
public body authorizing the public work. The Commissioner,
upon notice to the petitioner, the public body authorizing
the public work, and the recognized collective bargaining
representatives for the particular classifications involved,
and also to all persons entitled to receive notice pursuant
to subsection (a) of § [98] 8-504 hereof, shall institute an
investigation and hold a public hearing within [twenty (20)]
20 days after the filing of such petition. The Commissioner
at his discretion may hear each petition separately or
consolidate for hearing any two or more petitions. At the
hearing the Commissioner shall 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 his determination. The Commissioner or
any interested parties thereafter may introduce any evidence
that is material to the issues. Within [ten (10)] 10 days
of the conclusion of the hearing, the Commissioner shall
make a determination and transmit it, in writing, to the
public body and to the interested parties. Such
determination shall be final.
(b) Upon receipt by the public body of the notice of
the filing of such petition, the public body awarding the
contract shall extend the closing date for the submission of
bids until [five (5)] 5 days after the determination of the
prevailing wage rates pursuant to this section and the
publication of such findings.
(c) As to any matters of rate determination the
applicable provisions of Article 41, [subtitle] SUBTITLE 24,
of the Annotated Code of Maryland, "Administrative Procedure
Act," shall prevail.
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