(820 ILCS 130/9)
(from Ch. 48, par. 39s-9)
To effectuate the purpose and policy of this Act each public
body shall, during the month of June of each calendar year, investigate
and ascertain the prevailing rate of wages as defined in this Act and
publicly post or keep available for inspection by any interested party
in the main office of such public body its determination of such
prevailing rate of wage and shall promptly file, no later than July 15 of
each year, a certified copy thereof
in the office of the Secretary of State at Springfield and the office of the
Illinois Department of Labor.
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. If a public body does not investigate and ascertain the
rate of wages during the month of June as required by the previous paragraph,
then the prevailing rate of wages for that public body shall be the rate
as determined by the Department under this paragraph for the county in which
such public body is located.
Where the Department of Labor ascertains the prevailing rate of
wages, it is the duty of the Department of Labor within 30 days after
receiving a notice from the public body authorizing the proposed work,
to conduct an investigation to ascertain the prevailing rate of wages as
defined in this Act and such investigation shall be conducted in the
locality in which the work is to be performed. The Department of Labor
shall send a certified copy of its findings to the public body
authorizing the work and keep a record of its findings available for
inspection by any interested party in the office of the Department of
Labor at Springfield.
The public body except for the Department of Transportation with
respect to highway contracts shall within 30 days after filing with the
Secretary of State, or the Department of Labor shall within 30 days
after filing with such public body, publish in a newspaper of general
circulation within the area that the determination is effective, a
notice of its determination and shall promptly mail a copy of its
determination to any employer, and to any association of employers and
to any person or association of employees who have filed their names and
addresses, requesting copies of any determination stating the particular
rates and the particular class of workers whose wages will be affected
by such rates.
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
public body or Department of Labor, whichever has made such
determination, stating the specified grounds of the objection. It shall
thereafter be the duty of the public body or 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 a
public body 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 public body. If such
hearing is not held by the public body within the time herein specified,
the Department of Labor may, upon request of the objectors, conduct the
hearing on behalf of the public body.
The public body or Department of Labor, whichever has made such
determination, is authorized in its discretion to hear each written
objection filed separately or consolidate for hearing any one or more
written objections filed with them. At such hearing the public body or
Department of Labor shall introduce in evidence the investigation it
instituted which formed the basis of its determination, and the public
body or Department of Labor, or any interested objectors may thereafter
introduce such evidence as is material to the issue. Thereafter, the
public body or Department of Labor, must rule upon the written objection
and make such final determination as it believes the evidence warrants,
and promptly file a certified copy of its final determination with such
public body and the Secretary of State, and serve a copy by personal
service or registered mail on all parties to the proceedings. The final
determination by the Department of Labor or a public body shall be rendered
within 30 days after the conclusion of the hearing.
If proceedings to review judicially the final determination of the
public body or 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 any public body
or the Department of Labor hereunder. 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 public body or
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 or public body 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. The Attorney General shall not represent any public body,
except the State, in any such review or appeal.
(Source: P.A. 93-38, eff. 6-1-04