Section 1773.5 Of Article 2. Wages From California Labor Code >> Division 2. >> Part 7. >> Chapter 1. >> Article 2.
1773.5
. (a) The Director of Industrial Relations may establish
rules and regulations for the purpose of carrying out this chapter,
including, but not limited to, the responsibilities and duties of
awarding bodies under this chapter.
(b) When a request is made to the director for a determination of
whether a specific project or type of work awarded or undertaken by a
political subdivision is a public work, he or she shall make that
determination within 60 days receipt of the last notice of support or
opposition from any interested party relating to that project or
type of work that was not unreasonably delayed, as determined by the
director. If the director deems that the complexity of the request
requires additional time to make that determination, the director may
have up to an additional 60 days if he or she certifies in writing
to the requestor, and any interested party, the reasons for the
extension. If the requestor is not a political subdivision, the
requester shall, within 15 days of the request, serve a copy of the
request upon the political subdivision, in which event the political
subdivision shall, within 30 days of its receipt, advise the director
of its position regarding the request. For projects or types of work
that are otherwise private development projects receiving public
funds, as specified in subdivision (b) of Section 1720, the director
shall determine whether a specific project or type of work is a
public work within 120 days of receipt of the last notice of support
or opposition relating to that project or type of work from any
interested party that was not unreasonably delayed, as determined by
the director.
(c) If an administrative appeal of the director's determination is
made, it shall be made within 30 days of the date of the
determination. The director shall issue a determination on the
administrative appeal within 120 days after receipt of the last
notice of support or opposition relating to that appeal from any
interested party that was not unreasonably delayed, as determined by
the director. The director may have up to an additional 60 days if he
or she certifies in writing to the party requesting the appeal the
reason for the extension.
(d) The director shall have quasi-legislative authority to
determine coverage of projects or types of work under the prevailing
wage laws of this chapter. A final determination on any
administrative appeal is subject to judicial review pursuant to
Section 1085 of the Code of Civil Procedure. These determinations,
and any determinations relating to the general prevailing rate of per
diem wages and the general prevailing rate for holiday, shift rate,
and overtime work, shall be exempt from the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code).