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<section article="gsf" article_name="State Finance and Procurement" number="17-211" title_number="17" title_name="Special Provisions -- State and Local Subdivisions" subtitle_number="2" subtitle_name="Prevailing Wage Rates -- Public Work Contracts">
  <level label="a">
    <text>A determination of a prevailing wage rate issued under § 17-209 of this subtitle is subject to review when a public body publishes a call for bids or proposals in which the determination is used for the first time following its issuance under § 17-209 of this subtitle.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>Within 10 days after a public body publishes any call for bids or proposals, as described in subsection (a) of this section, a petition for review of a determination of a prevailing wage rate may be submitted to the Commissioner by:</text>
      <level label="i">
        <text>the public body;</text>
      </level>
      <level label="ii">
        <text>a prospective bidder or offeror or a representative of a prospective bidder or offeror;</text>
      </level>
      <level label="iii">
        <text>a representative of a group of employers engaged in the type of construction for which the prevailing wage rate was determined; or</text>
      </level>
      <level label="iv">
        <text>a representative of a classification of worker for which the prevailing wage rate was determined.</text>
      </level>
    </level>
    <level label="2">
      <text>A petition under this subsection shall be verified and shall set forth the facts on which it is based.</text>
    </level>
    <level label="3">
      <text>If a petition is not filed within the period set under paragraph (1) of this subsection, the determination is final and is the rate applicable in the locality for the remainder of the 1-year period for which it was issued under § 17-209 of this subtitle.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Within 2 days after a petition is submitted under this section, the petitioner shall send a copy to the public body.</text>
    </level>
    <level label="2">
      <text>On receipt of a copy of the petition, the public body shall extend the closing date for bids or proposals until 5 days after the Commissioner publishes the final determination under subsection (f) of this section.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Within 20 days after a petition is submitted, the Commissioner shall:</text>
      <level label="i">
        <text>after giving the notice required under paragraph (3) of this subsection, conduct an investigation; and</text>
      </level>
      <level label="ii">
        <text>hold a public hearing to review the petition.</text>
      </level>
    </level>
    <level label="2">
      <text>If more than 1 petition is submitted, the Commissioner may consolidate the hearings on any of the petitions.</text>
    </level>
    <level label="3">
      <text>The Commissioner shall notify the petitioner, public body, recognized collective bargaining representative for the classification for which a review is requested, and any other person entitled to receive notice under § 17-210(b)(2) of this subtitle.</text>
    </level>
  </level>
  <level label="e">
    <text>At the hearing:</text>
    <level label="1">
      <text>the Commissioner shall introduce as evidence the investigation conducted under subsection (d) of this section and the other facts that formed the basis of the Commissioner’s original determination; and</text>
    </level>
    <level label="2">
      <text>any interested party, including the Commissioner, may introduce other evidence material to the issue.</text>
    </level>
  </level>
  <level label="f">
    <text>Within 10 days after the conclusion of a review hearing, the Commissioner shall send to the public body and each interested party, a determination of the prevailing wage rate. This determination is final and is the rate applicable in the locality for the remainder of the 1-year period for which it was issued under § 17-209 of this subtitle.</text>
  </level>
</section>
