Judges: JAN ERIC CARTWRIGHT, ATTORNEY GENERAL OF OKLAHOMA
Filed Date: 2/3/1981
Status: Precedential
Modified Date: 7/6/2016
OPINION — AG — (1)WHERE A PUBLIC BODY, AS DEFINED, CAUSE BIDS TO BE LET OR CONTRACTS TO BE ISSUED FOR PUBLIC WORKS CONSTRUCTION PROJECTS WITHOUT COMPLIANCE WITH THE PROVISIONS OF THE MINIMUM WAGES ON PUBLIC WORKS ACT, 40Ohio St.1971196.1 [40-196.1] ET SEQ., THE COMMISSIONER OF LABOR IS EMPOWERED BY STATUTE; (A) THE MAKE DILIGENT INQUIRY AS TO VIOLATIONS OF THE ACT; (B) TO MAKE A COMPLIANT WITH APPROPRIATE PROSECUTORIAL AUTHORITIES FOR COMMENCEMENT OF CRIMINAL PENALITIES DESCRIBED IN THE ACT, AND (C) TO CONDUCT HEARINGS, MAKE FINDINGS AND ISSUE APPROPRIATE ORDERS TO REQUIRE COMPLIANCE WITH OR PROHIBIT VIOLATIONS OF THE ACT. (2) TO THE EXTENT THAT THE COMMISSIONER OF LABOR EMPLOYS HIS ADMINISTRATIVE POWERS AND REMEDIES TO ASSURE COMPLIANCE WITH THE ACT, THE CONDUCT OF ANY PROCEEDINGS SHALL COMPLY WITH ADMINISTRATIVE PROCEDURES ACT, 75Ohio St.1971301 [75-301] ET SEQ., AS AMENDED. (3) UNDER EXTRAORDINARY CIRCUMSTANCES AND UPON A STRONG SHOWING THAT THE POWERS AND REMEDIES AFFORDED UNDER THE ADMINISTRATIVE PROCEDURES ACT ARE INSUFFICIENT OR INADEQUATE TO OBTAIN THE RELIEF REQUIRED TO PROTECT THE PUBLIC POLICY ESTABLISHED IN 40Ohio St.1971196.1 [40-196.1] OF THE ACT, THE COMMISSIONER IS NOT PRECLUDED FROM SEEKING APPROPRIATE EQUITABLE RELIEF IN THE COURTS WITHOUT HAVING FIRST EMPLOYED THE REMEDIES AFFORDED HIM UNDER THE ADMINISTRATIVE PROCEDURES ACT. (MANVILLE T. BUFORD) CITE: 40Ohio St.1971196.4 [40-196.4], 40Ohio St.1971196.5 [40-196.5] [40-196.5], 40Ohio St.1971196.6 [40-196.6] 40Ohio St.1971196.7 [40-196.7], 40Ohio St.1971196.11 [40-196.11] [40-196.11], 75Ohio St.1971318 [75-318] (STATUTES AND REPORTS)