Administrative Rule Review Report  #AR08-011

Legislative Service Office

28-Jan-08

 

AGENCY:                                 Department of Employment, Labor Standards Program.

 

DATE SUBMITTED:                  January 25, 2008.

 

SUBJECT:                                 Chapter IV, Certification of Resident Contractor; and Chapter VI, Computing and Determining Wyoming's Prevailing Wage Rates.

 

NATURE OF RULES:                     Legislative and procedural.

 

STATUTORY AUTHORITY:         W.S. 27-4-404

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:              Apparently complete to date.  The Agency stated that the rules being adopted were not new rules.  However, the rules are being amended to implement amendments to existing statutory provisions.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.

 

SUMMARY OF RULES:       The Department of Employment is charged with annually determining prevailing wage rates to be paid on public works projects contracted by public bodies.  The Department has assigned that task to its Labor Standards program within the Administration and Support Division.  This rule change implements some amendments to the prevailing wage statutes made by the 2007 Legislature (SF0149/SEA0090/Ch.163 and HB0047/HEA0067/Ch.109).  The rule amendments:

·       Restrict preferences to employers who participated in the Department's prevailing wage survey;

·       Amend the definition of "principal office and principal place of business" to remove the requirement that the Wyoming office be the employer's principal place of business;

·       Increase the threshold contract value for prevailing wage applicability from $25,000 to $100,000.

 

FINDINGS:     The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:        That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

 

                                                            _______________________

                                                            Gerald W. Laska

                                                            Staff Attorney

 

 

                                                            _______________________

                                                            David K. Gruver

                                                            Assistant Director

GWL/