TECO Mechanical Contractor, Inc. v. Commonwealth

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 to define the categories of workers to which it applies. The Franklin Circuit Court found that the law does not violate due process…