BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

OF THE STATE OF MONTANA

 

In the matter of the amendment of  ARM 24.17.127 pertaining to prevailing wage rates for public works projects

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CORRECTED NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

            1. On May 8, 2014, the Department of Labor and Industry published MAR Notice No. 24-17-284 regarding the public hearing on the amendment of the above-stated rule on page 912 of the 2014 Montana Administrative Register, Issue No. 9. On July 10, 2014, the department published the notice of amendment on page 1506 of the 2014 Montana Administrative Register, Issue No. 13.

 

                2. In the process of finalizing the Montana Prevailing Wage Rates for Highway Construction Services publication for 2014, following the close of the public comment period, department staff noticed that the Cement Masons/Concrete Finishers rates had been based upon federal rates that became effective in March 2014, rather than those rates which were effective as of September 1, 2013, as required by ARM 24.17.121(2)(b). There was no public comment about the Cement Masons wage rate, and therefore the error was not discovered in response to a comment about the Cement Masons wage rates. Because the proposed rates (shown in the preliminary 2014 rate publication) for the Cement Masons classification are based on a source that is not consistent with ARM 24.17.121, the department believes that it should not adopt the proposed 2014 Cement Mason rates. As provided in ARM 24.17.121(6), rates remain in effect until a revised rate is adopted. As a result, the 2014 Highway Construction wage rate publication shows the rates that remain in effect for Cement Masons, which are the rate that were established in 2013.

 

 

/s/ MARK CADWALLADER           /s/ PAM BUCY

Mark Cadwallader                        Pam Bucy, Commissioner

Alternate Rule Reviewer               DEPARTMENT OF LABOR AND INDUSTRY

           

Certified to the Secretary of State July 14, 2014.