California Court of Appeal

In an action arising out of a determination by the Department of Industrial Relations that plaintiff failed to pay the appropriate prevailing wages to its workers on a public works project for the San Diego Unified School District, the trail court's denial of plaintiff's action seeking a declaration that the Important Notice and Stamp are invalid and unenforceable as "underground regulations" because they were not promulgated in compliance with the notice and hearing requirements of the Administrative Procedure Act (APA), and grant of the Department's motion for summary judgment is affirmed where under Government Code section 11340.9(g), the Important Notice and the Stamp are exempt from the notice and hearing requirements of the Administrative Procedure Act (APA) because they are part of an overall prevailing wage determination process that constitutes "rate setting."

Appellate Information

• Decided 05/26/2015
• Published 05/26/2015

Judges

• Nares

Court

• California Court of Appeal

Counsel