Cal. Code Regs. Tit. 8, § 16204 - Effective Dates of Determination and of Rates Within Determination
(a) Effective Date
of Determination.
(1) All determinations
issued will be effective ten (10) days after issuance, provided that requests
for copies, reprints or reissuance of prior determinations shall not affect the
original effective date unless a new effective date is reflected upon the
determination (see subdivision (3) below). Any call for bids put out on or
after the effective date of the determination must reflect that determination
unless the Director determines that subdivision (4) of this section is
applicable, after notification and request by an awarding body.
(2) Determinations issued by the Director
will show an issue date and will ordinarily show an expiration date.
(3) All determinations will remain in effect
until their expiration date or until modified, corrected, rescinded or
superseded by the Director.
(4)
Determinations modified, corrected, rescinded or superseded on the basis of
information contained in copies of collective bargaining agreements filed with
the Department shall not be effective as to any project in which a call for
bids takes place less than 30 days after the filing of the agreement.
NOTE: See Section 1773.1 of the Labor Code.
(5) It shall be the
responsibility of the awarding body to ensure that the correct determination is
used.
(b) Modification of
Effective Date of Determination by Asterisks. Meaning of single and double
asterisks. Prevailing wage determinations with a single asterisk (*) after the
expiration date which are in effect on the date of advertisement for bids
remain in effect for the life of the project. Prevailing wage determinations
with double asterisks (**) after the expiration date indicate that the basic
hourly wage rate, overtime and holiday pay rates, and employer payments to be
paid for work performed after this date have been predetermined. If work is to
extend past this date, the new rate must be paid and should be incorporated in
contracts entered into now. The contractor should contact the Prevailing Wage
Unit, DLSR, or the awarding body to obtain predetermined wage changes. All
determinations that do not have double asterisks (**) after the expiration date
remain in effect for the life of the project.
Notes
2. Amendment of subsection (a)(3), repealer and new subsection (b) and amendment of NOTE filed 12-27-96; operative 1-26-97 (Register 96, No. 52).
3. Change without regulatory effect repealing 12-27-96 amendments to section and NOTE filed 2-19-99 (Register 99, No. 8). Pursuant to Sacramento Superior Court Order Issued 6-4-97 in Case 97CS 00471 the amendments filed 12-27-96 and effective 1-27-97 were invalidated and the prior regulations were reinstated.
Note: Authority cited: Section 1773.5, Labor Code. Reference: Sections 1770, 1773 and 1773.1, Labor Code.
2. Amendment of subsection (a)(3), repealer and new subsection (b) and amendment of Note filed 12-27-96; operative 1-26-97 (Register 96, No. 52).
3. Change without regulatory effect repealing 12-27-96 amendments to section and Note filed 2-19-99 (Register 99, No. 8). Pursuant to Sacramento Superior Court Order Issued 6-4-97 in Case 97CS 00471 the amendments filed 12-27-96 and effective 1-27-97 were invalidated and the prior regulations were reinstated.
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