Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

STATE OF MONTANA

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In the matter of the proposed amendment� ) NOTICE OF PUBLIC

of ARM 24.17.127 related to prevailing�� ) HEARING ON PROPOSED

wage rates for public works projects using ) AMENDMENT

building construction services,�� )

heavy construction services, and�� )

highway construction services�� )

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TO: All Concerned Persons

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1. On May 16, 2008, at 1:30 p.m., the Department of Labor and Industry (department) will hold a public hearing to be held in the first floor conference room (room 104), 1327 Lockey Avenue, Walt Sullivan Building, Helena, MT to consider the proposed amendment of the above-stated rule.

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2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m., on May 9, 2008, to advise us of the nature of the accommodation that you need. Please contact the Research and Analysis Bureau, Workforce Services Division, Department of Labor and Industry, Attn: Mike Smith, P.O. Box 1728, Helena, MT 59624-1728; telephone (406) 444-5567; fax (406) 444-2638; TDD (406) 444-0532; or e-mail [email protected].

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3. The rule proposed to be amended provides as follows, stricken material interlined, new material underlined:

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24.17.127 ADOPTION OF STANDARD PREVAILING RATE OF WAGES

(1) through (1)(d) remain the same.

(e) The current building construction services rates are contained in the ~~2007~~ 2008 version of "The State of Montana Prevailing Wage Rates - Building Construction Services" publication.

(f) remains the same.

(g) The current heavy and highway construction services rates are contained in the ~~2007~~ 2008 version of "The State of Montana Prevailing Wage Rates - Heavy and Highway Construction Services" publication.

(2) and (3) remain the same.

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AUTH: 2-4-307, 18-2-409, 18-2-431, 39-3-202, MCA

IMP: 18-2-401, 18-2-402, 18-2-403, 18-2-406, 18-2-411, 18-2-412, 18-2-422, 18-2-431, MCA

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REASON: There is reasonable necessity to amend ARM 24.17.127 to update various prevailing wage rates. Payment of prevailing wage rates is required in most public works contracts by 18-2-422, MCA.

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There is reasonable necessity to amend the prevailing wages for building construction services, which were last updated in 2007. Pursuant to 18-2-401, MCA, the department conducts an annual survey of wages for building construction services. There is also reasonable necessity to update the prevailing wage rates for heavy and highway construction services to track with current federal Davis-Bacon Act heavy construction services rates and highway construction services rates.

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4. A copy of the proposed 2008 publications, identified as "preliminary building construction rates" and "preliminary heavy and highway construction rates", are available and can be accessed on-line via the internet at: http://lmi.mt.gov.

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5. A printed version of the proposed 2008 publications is also available by contacting Mike Smith, at the address or telephone numbers listed in paragraph 2.

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6. Concerned persons may present their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to: Mike Smith, Research and Analysis Bureau, Workforce Services Division, Department of Labor and Industry, P.O. Box 1728, Helena, MT 59624-1728; telephone (406) 444-5567; fax (406) 444-2638; TDD (406) 444-0532; or e-mail [email protected], and must be received no later than 5:00 p.m., May 23, 2008.

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7. An electronic copy of this Notice of Public Hearing is available through the department's web site at http://dli.mt.gov/events/calendar.asp, under the Calendar of Events, Administrative Rules Hearings Section. The department strives to make the electronic copy of this Notice of Public Hearing conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems, and that a person's difficulties in sending an e-mail do not excuse late submission of comments.

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8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program or areas of law the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the Department of Labor and Industry, attention: Mark Cadwallader, 1327 Lockey Avenue, P.O. Box 1728, Helena, Montana 59624-1728, faxed to the department at (406) 444-1394, e-mailed to [email protected], or may be made by completing a request form at any rules hearing held by the agency.

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9. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.

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10. The department's Hearings Bureau has been designated to preside over and conduct this hearing.

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/s/ MARK CADWALLADER��/s/ KEITH KELLY

Mark Cadwallader��Keith Kelly, Commissioner

Alternate Rule Reviewer��DEPARTMENT OF LABOR AND INDUSTRY

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Certified to the Secretary of State April 14, 2008