1. (a) Prevailing wage rate determinations shall be utilized by the commission to establish wage rates for construction projects administered by the commission.

2. (b) Once a prevailing wage rate schedule has been determined and published, it will not be changed unless:

   1. (1) it is necessary to add an omitted wage rate; or
   2. (2) substantial evidence is presented to the commission that the survey data on which determination was based does not reflect actual prevailing wages in the relevant labor market.

3. (c) The commission will respond to any party who protests a wage rate determination, provided:

   1. (1) protest is made in writing listing the rate(s) which is believed to be in error, reasons why the rate(s) is believed incorrect, and the party's name. If the protester is representing an aggrieved party, then that interest must be disclosed and the aggrieved party named;
   2. (2) upon receipt of a protest, staff personnel of the commission will review its determination, ascertain whether an error has been made, and report to the protesting party what action, if any, is to be taken;
   3. (3) in the event the staff report is not found satisfactory, the protesting party may request that the matter be subjected to a full administrative review procedure established by the commission, the findings of which shall be final.

Source Note:The provisions of this §123.34 adopted to be effective September 21, 1979, 4 TexReg 3223; amended to be effective April 20, 1993, 18 TexReg 2299.