Cal. Code Regs. Tit. 8, § 16303 - Quasi-Legislative Nature of Authority
(a) The authority of the Director to
establish the prevailing wage for any craft, classification, or type of worker
is quasi-legislative. The Director has the discretion to establish these
prevailing wages in a quasi-legislative manner which may include an
investigation, hearing, or other action. Any hearing under this process is
quasi-legislative and is subject to review pursuant to the Code of Civil
Procedure Section 1085.
(b) The
Director may in his or her discretion initiate an investigation or hold a
hearing or take such other action as is reasonably necessary which would best
effectuate the purposes of the law and of these regulations, except as such
action may be expressly prohibited by law.
Notes
Note: Authority cited: Section 1773.5, Labor Code; and Winzler & Kelly (1981) 121 C.A. 3d 120; Western Assn. of Engineers & Land Surveyors v. DIR, Judicial Council Coord. Proceeding No. 449, Sac. Superior Court No. 285433. Reference: Sections 1770, 1773 and 1773.4, Labor Code; and Section 1085, Code of Civil Procedure.
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