§ 37-13-15. Review.
(a) There is hereby created an appeals board which shall be comprised of three (3) members
who shall be appointed by the governor; provided, however, that each member of the
appeals board shall have at least five (5) years experience with prevailing wage rates
as they apply to the construction industry. The members of the appeals board shall
serve without compensation. The members of the appeals board shall be appointed for
terms of three (3) years except that of the three (3) members originally appointed
by each of the appointing authorities: one shall be appointed for a term of one year,
one shall be appointed for a term of two (2) years, and one for a term of three (3)
years.
(b) Any person aggrieved by any action taken by the director of labor and training or
his or her designated hearing officer under the authority of this chapter, or by the
failure or refusal of the director of labor and training to take any action authorized
by this chapter, may obtain a review thereof for the purpose of obtaining relief from
the action or lack of action by filing a petition for administrative review and relief,
to the appeals board as provided herein. The petition for administrative review shall
be filed within twenty (20) days of the action taken by the director of labor and
training or designated hearing officer. The petition for administrative review shall
be heard within ten (10) days of the date of filing. An aggrieved person under this
section shall include:
(1) Any person who is required to pay wages to his or her employees or make payments to
a fund on behalf of his or her employees, as provided in this chapter;
(2) Any person who is required to be paid wages for his or her labor or on whose behalf
payments are required to be paid to funds, as provided by this chapter;
(3) The lawful collective bargaining representative of a person defined in subdivision
(2) above;
(4) A trade association of which a person defined in subdivision (1) above is a member;
(5) A proper authority as defined in this chapter;
(6) A contractor who submitted a bid for work to be or which has been awarded under the
provisions of this chapter or a trade association of which he or she is a member;
and
(7) A labor organization which has one or more written collective bargaining agreements
with one or more employers or a trade association which sets forth the hours, wages,
and working conditions of a craft, mechanic, teamster, or type of worker needed to
execute the work, as provided in this chapter to the extent that it would be affected
by the action or the failure to act of the director of labor and training or the hearing
officer.
(c) Any aggrieved person as defined herein may obtain a review of a decision of the appeals
board by filing a petition in the superior court in Providence county pursuant to
the provisions of the administrative procedures act, praying for review and relief.
The petition shall follow the course of and be subject to the procedures for causes
filed in the court.
(d) The director is hereby empowered to enforce his or her decision and/or the decision
of the appeals board in the superior court for the county of Providence.