HomeMy WebLinkAboutDept of Labor & Industry (2)BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY
STATE OF MONTANA
In the matter of the proposed amendment
of ARM 24.17.127, pertaining to prevailing
wage rates for public work projects -
building construction services
) NOTICE OF PUBLIC HEARING
) ON PROPOSED AMENDMENT
)
)
TO: All Concerned Persons
1. On June 9, 2006, at 10:00 a.m. a public hearing will be held in reom 104
(the first floor conference room), of the Walt Sullivan Building, 1327 Lockey Avenue,
Helena, Montana to consider the proposed amendment of the above-stated rule.
2. The Department of Labor and Industry (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 June 5, 2006, to
advise us of the nature of the accommodation that you need. Please contact Mike
Hohn, Research and Analysis Bureau, Department of Labor and Industry, P.O. Box
1728, Helena, Montana 59624-1728; telephone (406) 444-5567; Montana Relay 1-
800-253-4091; TDD (406) 444-2978; facsimile (406) 444-2638; e-mail
MHohn@mt.gov.
3. The rule proposed to be amended provide as follows, stricken matter
interlined, new matter underlined:
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 2995
2006 version of "The State of Montana Prevailing Wage Rates -Building
Construction Services" publication. .
(f) through (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 construction services, which were last updated in 2005. The
department notes that prevailing wage rates for heavy construction and highway
construction services were updated effective March 10, 2006.
MAR Notice No. 24-17-20x
4. 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 Todd Younkin, Research and Analysis Bureau, Workforce Services
Division, Department of Labor and Industry, 840 Helena Avenue, P.O. Box 1728,
Helena, Montana 59624-1728, by facsimile to (406) 444-2638, or by e-mail to
tyounkin@mt.gov, and must be received no later than 5:00 p.m., June 16, 2006.
5. An electronic copy of this Notice of Public Hearing is available through the
department's site on the World Wide Web at
http:lldli.mt.govleventslcalendar.asp#arms. 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 e-mail address
do not excuse late submission of comments.
6. An electronic copy of the proposed 2006 publication, identified as
"preliminary building construction rates" is available and can be accessed on-line via
the intemet at www.ourfactsyourfuture.org, under the listing "publications."
A printed version of the proposed 2006 publication is also available by contacting
Mike Hohn, 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 board. Persons who wish to have
their name added to the 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 all Department of Labor and Industry
administrative rulemaking proceedings or other administrative proceedings. Such
wdtten 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
mcadwallader@mt.gov, or may be made by completing a request form at any rules
headng held by the agency.
8. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.
9. The department's Headng Bureau has been designated to preside over
and conduct this hearing.
MAR Notice No. 24-17-20x
-3-
~si MARK CADWALLADER
Mark Cadwallader
Alternate Rule Reviewer
Is~ DORE SCHWlNDEN
Dore Schwinden, Deputy Commissioner
DEPARTMENT OF LABOR AND INDUSTRY
Certified by the Secretary of State May 8, 2006
MAR Notice No. 24-17-20x
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