Or. Admin. R. 839-025-0007 - Purpose and Procedure for Special Wage Determination
(1) In planning a public works project,
public agencies periodically require the use of a trade not normally included
in wage determinations. Special wage determinations allow the commissioner to
recognize a trade and establish a rate for it. This procedure also allows the
commissioner to respond in a timely fashion to the needs of the public agency.
Special wage determinations are not available when the wage determination is
applicable.
(2) Any public agency
may submit a written request for a special wage determination to the Prevailing
Wage Rate Unit. The request must contain:
(a)
A written description of the work to be performed; and
(b) An identification of the requested
trade(s).
(3) Within two
weeks the PWR Coordinator will recommend to the commissioner whether or not a
special wage determination should be established.
(4) If a special wage determination is to be
allowed, the PWR Coordinator will provide the requesting agency with the
instruments, procedures, and minimum requirements for conducting a wage survey.
The requesting agency will conduct the wage survey in accordance with bureau
procedures and submit the results to the PWR Coordinator.
(5) The PWR Coordinator will review the data
for methodological compliance and accuracy and submit it to the commissioner
with a recommendation.
(6) The
commissioner will approve or disapprove the special wage determination request
after considering the PWR Coordinator's recommendation. The public agency will
be notified, in writing, of the commissioner's final decision.
(7) If the special wage determination is
approved, it is valid only for the locality specified in the special wage
determination and only until the first day of July following the date of
approval unless amended prior to that date.
(8) A copy of the approved special wage
determination will be kept on file by the PWR Coordinator and the Wage and Hour
Division.
Notes
Stat. Auth.: ORS 279 & 651
Stats. Implemented: ORS 279.348 - 279.380
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