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TECO MECHANICAL CONTRACTOR, INC. v. COM.

No. 2009-SC-000821-DG.

366 S.W.3d 386 (2012)

TECO MECHANICAL CONTRACTOR, INC., Appellant, v. COMMONWEALTH of Kentucky, Environmental and Public Protection Cabinet, et al., Appellees.

Supreme Court of Kentucky.

As Corrected June 27, 2012.

Attorney(s) appearing for the Case

Gerry L. Calvert , David J. Guarnieri , Woodson C. Hopkins , McBrayer, McGinnis, Leslie & Kirkland, PLLC, Lexington, KY, Counsel for Appellant.

Mark Francis Bizzell , Office of General Counsel, Frankfort, KY, Irwin H. Cutler, Jr. , Everett Clay Hoffman , Priddy, Cutler, Miller & Meade, PLLC, David A. Velander , Louisville, KY, Counsel for Appellees.

Opinion of the Court by Justice SCOTT.

This case presents two constitutional questions related to Kentucky's prevailing wage law. The first question raised is whether the law violates procedural due process by failing to afford contractors a hearing before the Labor Cabinet assesses back wages and civil penalties and demands their payment. The second question is whether the law improperly delegates legislative or judicial authority to the Labor Cabinet by failing...

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