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Home My WebLink AboutMT Dept of Labor & IndustryCiTY OF L/ .UREL July 29, 2005 Dear Interested Party: A publiC hearing on the proposed 2005 MOntana Building Construction, Heavy, and Highway Prevailing Wage and Benefit Rates will be held on August 19, 2005 at 10:00 am in Room 104 of the Walt Sullivan Building, 1327 Lockey, Helena, MT. A copy of the public hearing notice begins on the back of this letter. The proposed rates can be found on the Intemet by going to: http://ourfactsyourfuture.org and choosing the "Prevailing Wage" option on the left-hand menu. If you would like a copy of the.preliminary rates mailed to you, please call (800) 541-3904. You may also e-mail me at: erjohnson@mt.gov. if you no longer want to be on the "Interested Parties" list to receive notices of hearings and new rates, pleasecal or e-mail me. Sincerel~ Prevaili~ 1 Encl son 'age Progrem supervisor WORIEFORCE g40 HELENA AVENUE · P.O. BOX 172g HELENA MT 59624-1728 PHONE (406) 444-2430 * FAX ~406) 4~-2638 * ~D (406) 444-0532 '5~N EQIL~L OPPORT~WITY ~,IPLOYER" BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY OF THE STATE OF MONTANA In the matter of the proposed amendment of ARM 24.17.127 pertaining to prevailing wage rates for public works projects - building construction services and heavy and highway construction services ) NOTICE OF PUBLIC HEARING ) ON PROPOSED AMENDMENT ) ) ) ) ) ) TO: All Concerned Persons 1. On August 19, 2005, at 10:00 a.m., a public hearing will be held in the first floor conference room (Room 104) of the Walt Sullivan Building, 1327 Lockey, Helena, Montana, to consider the proposed amendment of ARM 24.17.127, establishing the prevailing wage rates for public works projects. 2. The Department of Labor and Industry will make reasonable accommodations for persons with disabilities who wish to participate in this public headng or need an alternative accessible format of this notice. If you require an accommodation, contact the Department by no later than 5:00 p.m., August 15, 2005, to advise us of the nature of the accommodation that you need. Please contact the Research and Analysis Bureau, Workforce Services Division, Attn: Eric Johnson, P.O. Box 1728, Helena, MT 59624-1728; telephone (406) 444- 4503; 'l-rY (406) 444-0532; fax (406) 444-2638; or via e-mail at erjohnson@rnt.gov. 3. The rule proposed to be amended provides as follows, new matter underlined, deleted matter interlined: 24.17.127 ADOPTION OF STANDARD PREVAILING RATE'-OF WAGE~ (1) through (1)(d) remain the same. (e) The current building construction services rates are contained in the 2-994 2005 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 20?, 2005 version of "The State of Montana Prevailing Wage Rates - Heavy and Highway Construction Services" publication. (2) and (3) remain the same. AUTH: 2.-4-307, 18-2-409, 18-2-431 and 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 and 18-2-431, MCA REASON: There is reasonable necessity to amend ARM 24.17.127 to update the building construction services rates.~ Pursuant to Chapter 517, Laws of 2001 (House Bill 500), the Department is to conduct an annual survey of contractors in order to set the standard prevailing rate of wages for construction services. Prior to the enactment of Chap. 517, L. of 2001, the Department conducted biennial surveys to establish the wage rates. There is reasonable necessity to amend the prevailing wages for building c0nstruction services, which were last updated in 2004. In addition, there is reasonable necessity to update the prevailing wage rates for heavy and highway construction services to track with recently adopted federal Davis-Bacon Act heaw and highway Construction services rates. Use of prevailing wage rates is required in public contracts by 18-2-422, MCA. 4. Interested parties may submit their data, views, or arguments, either Orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to: Eric Johnson · Research and Analysis Bureau Workforce Services Division Department of Labor and Industry P.O. Box 1728 ~ ~ Helena, Montana 59624-1725 and must be received by no later than 5:00 p.m.~ August 26, 2005. 5. An electronic copy of this Notice of Public Hearing is available throUgh the Department's site on the intemet at http://dli.state.mt.us/calendar.htm, under the Calendar of Events, Administrative Rule Hearings section. Interested persons may make comments on the proposed rules via the comment .forum, http://forums.dli.state.mt, us, linked to the Notice of Public Hearing, but those comments must be posted to the comment forum by 5:00 p.m., August 26, 2005. 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 website accessible at all times, concerned persons should be aware that the website may be unavailable during some periods, due to system maintenance or technical problems, and that a person's technical difficulties in accessing or posting to the comment forum do not excuse late submission of comments. 6. A copy of the proposed 2005 publications, identified as "preliminary building construction rates" and "preliminary heavy and highway construction rates", is available and can be accessed on-line via the internet at: http://rad.dli.state.mt.us/pw. A printed version of the propOsed 2005 publications is also available by contacting Eric Johnson, at the address or telephone numbers listed in paragraph 2. 7. 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 mailing list shall make a written request which includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding any specific topic or topics over which the Department has rulemaking authority. Such wdtten request may be delivered to Mark Cadwallader, 1327 Lockey St., room 412; Helena, Montana, mailed to Mark Cadwallader, P.O. Box 1728, Helena, MT 59624-1728, faxed to the office at (406) 444-1394, e-mailed to mcadwallader@mt.gov, or made by completing a request form at any rules hearing held by the Department. 8. The bill sponsor notice provisions of 2-4-302, MCA, do not apply. 9. The Department intends to make the proposed amendments effective by not later than October 1, 2005: The Department reserves the dght to adopt the amendments at a later date, or only a portion of the proposed amendments. 10. The Hearings BUreau of the Centralized Services Division of the Department has been designated to preside over and conduct the hearing. /s/ MARK CADWALLADER Mark Cadwallader, Rule Reviewer /s/ KEIT~ KELLY Keith Kelly, Commissioner DEPARTMENT OF LABOR & INDUSTRY Certified to the Secretary of State: July .!8, 2005 I"il'"'IIII'""I!!r"'"II"III'TI'T"91'TITrl ~06g J.~ qH~vq 0I XO~ Od q~vq ~qO XZID