OAR 839-025-0005
Purpose and Procedure for Determination Requests

(1)

A request for a determination as to whether a project or proposed project is a public works under ORS 279C.817 (Determination of applicability of prevailing wage rate), must meet the following requirements before it will be considered by the commissioner:

(a)

The request must be in writing, describe all relevant details of the project or proposed project, and be submitted to: Prevailing Wage Rate Unit, Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon St., #1045, Portland, OR, 97232.

(b)

A copy of the request must be sent to any public agency known to be associated with the project at the time it is submitted to the Prevailing Wage Rate Unit. The request must identify the public agencies receiving a copy of the request.

(c)

In addition to the written request, the requester must provide all documents, records, and other information necessary to enable the commissioner to make the determination. This information includes, but is not limited to, copies of advertisements, project plans and specifications, development and disposition agreements, contracts, project financing information, loan agreements, and any other relevant information related to the project or proposed project. When the requester is not a public agency and information necessary for a determination is in the custody or control of a public agency, it is the requester’s responsibility to obtain the information from the public agency and provide it with the request.

(2)

The requester has a continuing duty to provide the Prevailing Wage Rate Unit with all relevant documents, records and other information until a determination is made. If any information submitted in connection with a request is modified or superseded in any material respect after the request is made, the requester must promptly submit the updated information to the Prevailing Wage Rate Unit.

(3)

The commissioner will inform the requester if additional documents, records, or other information is necessary to enable the commissioner to make the determination.

(4)

If the commissioner informs a requester that the Prevailing Wage Rate Unit has not received all the documents, records, or other information necessary to make a determination, the request will remain pending for 90 calendar days. If the Prevailing Wage Rate Unit does not receive the information the commissioner deems necessary to make a determination while the request is pending, the requester may be required to submit a new request in order to obtain a determination.

(5)

If a requester fails or refuses to provide documents, records, or other information necessary to enable the commissioner to make the determination and the commissioner has reasonable grounds to believe such documents, records, or other information exist, the commissioner may inform the requester that the commissioner is unable to issue a determination.

(6)

The commissioner’s determination will be issued to the requester, with copies mailed to any public agencies identified on the request.

(7)

The determination will include notice of the right of the requester and any person adversely affected or aggrieved by the determination to a hearing, pursuant to ORS 183.415 (Notice of right to hearing), OAR 137-003-0001 (Contested Case Notice), the supplemental provisions for hearing requests in OAR Ch. 839, div. 50. and ORS 279C.817 (Determination of applicability of prevailing wage rate)(4).

(8)

Intentionally left blank —Ed.

(a)

After the commissioner issues a determination, the requester or any public agency served with a copy of the determination may request that the commissioner reconsider the determination.

(b)

A request for reconsideration must be received within 15 calendar days of the date the determination was mailed. Requests must be submitted to the Prevailing Wage Rate Unit. A request for reconsideration does not toll the time period for requesting a contested case hearing on the determination.

(c)

The reconsideration request must be in writing and include the reason or reasons for the request and any documents in support of the request.

(d)

The commissioner will accept or reject the request within 15 business days of receipt of the request by the Prevailing Wage Rate Unit. If the commissioner does not accept the request within 15 business days, it is deemed denied.

Source: Rule 839-025-0005 — Purpose and Procedure for Determination Requests, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-025-0005.

839‑025‑0000
Notice of Proposed Rules 839‑025‑0003
Forms 839‑025‑0004
Definitions Generally 839‑025‑0005
Purpose and Procedure for Determination Requests 839‑025‑0006
Purpose and Procedure for Addition of Trade 839‑025‑0007
Purpose and Procedure for Special Wage Determination 839‑025‑0008
List of Planned Public Improvements and Cost Analysis 839‑025‑0010
Payroll and Certified Statement Requirements 839‑025‑0013
Notice of Public Works Form 839‑025‑0015
Public Works Bonds Requirements 839‑025‑0020
Public Works Contracts and Contract Specifications 839‑025‑0025
Required Records 839‑025‑0030
Records Availability 839‑025‑0033
Posting Requirements 839‑025‑0034
Establishing a Work Schedule 839‑025‑0035
Payment of Prevailing Rate of Wage 839‑025‑0037
Residential Construction Projects 839‑025‑0038
Use of Multiple Wage Rate Determinations on Projects 839‑025‑0040
Payment of Fringe Benefits 839‑025‑0043
Frequency of Payment of Fringe Benefits 839‑025‑0045
Youth Apprentices 839‑025‑0050
Overtime Wages Computations 839‑025‑0054
Exemption from Overtime Pay Requirements on Public Improvement Projects 839‑025‑0060
Apprentices Working upon Public Works Projects 839‑025‑0065
Trainees Working upon Public Works Projects 839‑025‑0080
Liability to Workers 839‑025‑0085
Contract Ineligibility 839‑025‑0090
List of Ineligibles 839‑025‑0095
Removal of Names from List of Ineligibles 839‑025‑0100
Exemptions from ORS 279C.800 to 279C.870 839‑025‑0150
Definitions Related to Installation of Art on Public Works 839‑025‑0155
Payment of Prevailing Rate of Wage for the Installation of Art on Public Works Projects 839‑025‑0200
Fees to Be Paid by Public Agency 839‑025‑0210
Adjustment of Fees Paid by Public Agency 839‑025‑0220
Fees for Contract Without Specific Award Amounts 839‑025‑0230
Fees for Contracts with Other Special Circumstances 839‑025‑0300
Actions that Circumvent Payment of Prevailing Wages Prohibited 839‑025‑0310
Division of Projects 839‑025‑0320
Payment of Prevailing Wage by Persons Other than Contractors or Subcontractors Prohibited 839‑025‑0330
Wage Averaging Prohibited 839‑025‑0340
Circumventions of the Prevailing Wage Rate Law 839‑025‑0500
Definitions Related to Civil Penalties for Violations of Prevailing Wage Rates on Public Works Matters 839‑025‑0510
Violations Separate and Distinct 839‑025‑0520
Criteria to Determine Civil Penalty 839‑025‑0530
Violations for Which a Civil Penalty May Be Assessed 839‑025‑0540
Schedule of Civil Penalties 839‑025‑0700
Prevailing Wage Rate Determination/Amendments to Determination 839‑025‑0750
Residential Prevailing Wage Rate Determinations
Last Updated

Jun. 8, 2021

Rule 839-025-0005’s source at or​.us