Ch. 48

LAWS OF MARYLAND

(2) WAGE RATES ESTABLISHED BY COLLECTIVE BARGAINING
AGREEMENTS.

(B)  NOTICE.

THE COMMISSIONER SHALL MAIL NOTICE AS PROVIDED IN §
17-210(B)(2) OF THIS SUBTITLE AT LEAST 60 DAYS BEFORE MAKING A
DETERMINATION UNDER THIS SECTION.

(C)  FINALITY.

SUBJECT TO § 17-211 OF THIS SUBTITLE, A DETERMINATION UNDER
THIS SECTION BECOMES FINAL ON THE DATE ON WHICH THE DETERMINATION
IS MADE.

(D) EFFECTIVE PERIOD.

A DETERMINATION UNDER THIS SECTION IS EFFECTIVE FOR 1 YEAR
AFTER THE DAY ON WHICH THE DETERMINATION BECOMES FINAL.

REVISOR'S NOTE: Subsections (a), (b), and (d) of this
section are new language derived without substantive
change from former SF § 12-304(d).

Subsection (c) of this section is new language added
to clarify the date on which the determination becomes
final.

In the introductory language of subsection (a) of this
section, the reference to "the Commissioner's own
initiative" is substituted for the former phrases
"[w]ithout the necessity of a request for a new annual
determination." and "from time to time", for clarity.

Also in the introductory language of subsection (a) of
this section, the words "may determine" are
substituted for the former words "shall investigate
and determine", since the Commissioner's exercise of
the power to make annual determinations has been
interpreted to be discretionary. In fact, the
Commissioner does not determine prevailing wage rates
under this section.

In subsection (a)(2) of this section, the specific
reference to "payroll information relevant to the
determination" is substituted for the former general
reference to "other things" that the Commissioner may
consider, for clarity.

In subsection (b) of this section, the words "at
least" are added to conform to the referenced §
17-210(b)(2) of this subtitle.

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