Or. Admin. R. 839-025-0340 - Circumventions of the Prevailing Wage Rate Law
(1) A public agency circumvents the payment
of the prevailing rate of wage when it knowingly or intentionally:
(a) Fails or refuses to include a provision
stating the existing prevailing rate of wage in the contract specifications in
violation of ORS 279C.830;
(b) Fails or refuses to include a provision
in the contract that workers on the contract shall be paid no less than the
specified minimum hourly rate of wage in violation of ORS
279C.830;
(c) Divides a project for the purpose of
avoiding compliance with ORS
279C.800 to
279C.870 in violation of ORS
279C.827.
(d) Awards a contract to a contractor whose
name appears on the list of ineligibles maintained pursuant to ORS
279C.860.
(2) The "specified minimum hourly rate of
wage" as used in section (1)(b) of this rule means the applicable prevailing
rate of wage.
(3) A contractor
circumvents the payment of the prevailing rate of wage when it knowingly or
intentionally awards a contract to a contractor whose name appears on the list
of ineligibles maintained pursuant to ORS
279C.860.
Notes
Stat. Auth.: ORS 279 & 651
Stats. Implemented: ORS 279.348 - 279.380
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