(820 ILCS 130/9) (from Ch. 48, par. 39s-9)
Sec. 9.
To effectuate the purpose and policy of this Act the Department of Labor shall, during the month of June of each calendar
year, investigate and ascertain the prevailing rate of wages for each county
in the State and shall publish the prevailing wage schedule ascertained on its official website no later than
July 15 of each year. If the prevailing rate of wages is based on a collective bargaining
agreement, any increases directly ascertainable from such collective bargaining agreement shall
also be published on the website. Further, if the prevailing rate of wages is based on a collective
bargaining agreement, the explanation of classes on the prevailing wage schedule shall be
consistent with the classifications established under the collective bargaining agreement.
At any time within 30 days after the Department of Labor has published
on its official web site a prevailing wage schedule, any person affected
thereby may object in writing to the determination or such part thereof
as they may deem objectionable by filing a written notice with the
Department of Labor stating the specified grounds of the objection. A person filing an objection alleging that the actual percentage of
laborers, workers, or mechanics that receive a collectively bargained rate of wage is below the
required 30% shall have the burden of establishing such and shall support the allegation
with competent evidence. During the pendency of any objection and until final determination
thereof, the work in question shall proceed under the rate established by the Department. It shall
be the duty of the Department of Labor to set
a date for a hearing on the objection after giving written notice to the
objectors at least 10 days before the date of the hearing and said
notice shall state the time and place of such hearing. Such hearing by the Department of Labor shall be held within 45 days after the objection is filed,
and shall not be postponed or reset for a later date except upon the
consent, in writing, of all the objectors and the Department of Labor.
The Department of Labor may hear each written
objection filed separately or consolidate for hearing any one or more
written objections filed. At such hearing, the
Department of Labor shall introduce in evidence the investigation it
instituted which formed the basis of its determination, and the Department of Labor, or any interested objectors may thereafter
introduce such evidence as is material to the issue. Thereafter, the
Department of Labor, must rule upon the written objection
and make such final determination as it believes the evidence warrants and serve a copy by personal
service, registered mail, or electronic mail on all parties to the proceedings. The final
determination by the Department of Labor shall be rendered
within 30 days after the conclusion of the hearing.
If proceedings to review judicially the final determination of the
Department of Labor are not instituted as hereafter
provided, such determination shall be final and binding.
The provisions of the Administrative Review Law, and all amendments
and modifications thereof, and the rules
adopted pursuant thereto, shall apply to and govern all proceedings for
the judicial review of final administrative decisions of the Department of Labor. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil Procedure.
Appeals from all final orders and judgments entered by the court in
review of the final administrative decision of the
Department of Labor, may be taken by any party to the action.
Any proceeding in any court affecting a determination of the
Department of Labor shall have priority in hearing and
determination over all other civil proceedings pending in said court,
except election contests.
In all reviews or appeals under this Act, it shall be the duty of the
Attorney General to represent the Department of Labor, and defend its
determination.
(Source: P.A. 100-2, eff. 6-16-17; 100-154, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1177, eff. 6-1-19.)
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