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24.17.103    DEFINITIONS

As used in this subchapter, the following definitions apply, unless the context of the rule clearly indicates otherwise:

(1) "Act" means 18-2-401 through 18-2-432 , MCA.

(2) "Adverse decision" means a decision by the department, or a hearing officer that is not favorable to the party who wishes to have the decision reviewed.

(3) "Apprentice" means a worker employed to learn a skilled trade under a written apprenticeship agreement registered with the department or the U.S. Bureau of Apprenticeship and Training.

(4) "Bona fide resident of Montana" is defined at 18-2-401 , MCA.

(5) "Commissioner" means the Commissioner of Labor and Industry, as provided by 2-15-1701 , MCA.

(6) "Certified payroll records" mean payroll records of an employer which show the rates and hours paid and any deductions therefrom, made by the employer on a public works contract job and which have been verified by or on behalf of the employer as being complete and accurate.

(7) "Complaint" means:

(a) a written complaint alleging non-payment of the standard prevailing wage on a public works contract job;

(b) a written request for an audit of an employer's payroll on a public works contract job; or

(c) a field investigation by the department of an employer's payroll on a public works contract job.

(8) "Day" means a calendar day.

(9) "Department" means the Department of Labor and Industry, as provided by 2-15-1701 , MCA.

(10) "Determination" means a decision by the department which states the amount of wages and penalty (if any) that may be owed for labor performed on a public works contract job.

(11) "District" means a prevailing wage district as established under 18-2-411 , MCA.

(12) "Employ" has the same meaning as provided by 39-3-201 , MCA.

(13) "Employee" has the same meaning as provided by 39-3-201 , MCA, and includes any laborer, mechanic, skilled, unskilled and semiskilled laborer and apprentices employed by a contractor, subcontractor or employer and engaged in the performance of services directly upon or immediately adjacent to the job site. The term does not include material suppliers or their employees who do not perform services at the job site.

(14) "Employer" has the same meaning as provided by 39-3-201 , MCA, and includes contractors and subcontractors.

(15) "Formal hearing" means a contested case, held by a department hearing officer, pursuant to Title 2, chapter 4, part 6, MCA.

(16) "Penalty" means the statutory penalty provided by 18-2-407 , MCA, which is assessed by the department against the employer and which is paid to the employee in addition to the wages owed.

(17) "Public contracting agency" includes:

(a) the state of Montana or any political subdivision thereof;

(b) the Montana university system;

(c) any local government or political subdivision thereof;

(d) school districts, irrigation districts, or other public authorities organized under the laws of the state of Montana; or

(e) any board, council, commission, trustees or other public body acting as or on behalf of a public agency.

(18) "Prevailing wage" or "standard prevailing rate of wages" means the standard prevailing rate of wages, as provided by 18-2-401 , MCA, and as adopted by the department for work on public works contracts. The standard prevailing rate of wages determined according to these rules is not a prescribed wage rate, but is rather a minimum, at or above which an individual performing labor on a public works project must be compensated.

(19) "Redetermination" means an informal review by the department, based upon new or additional information supplied by a party who has received an adverse determination.

(20) "Wages" have the same meaning as provided by 18-2-401 , 18-2-412 , 39-3-201 , MCA.

History: 18-2-409, 18-2-431, 39-3-202, MCA; IMP, 18-2-402, 18-2-403, 18-2-422, 39-3-201 through 39-3-216, MCA; NEW, 1985 MAR p. 1859, Eff. 11/30/85; AMD, 1988 MAR p. 2378, Eff. 12/1/88; AMD, 2002 MAR p. 2446, Eff. 9/13/02; TRANS, from ARM 24.16.9002, Eff. 9/13/02.

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