DWD 290.08(1) (1) Every state agency or local governmental unit shall request the department to determine the prevailing wage rates for all trades or occupations required to complete any project of public works which meets or exceeds the dollar thresholds provided in s. DWD 290.155.

DWD 290.08(1m) (1m) Every owner or developer of a publicly funded private construction project shall request the department to determine the prevailing wage rates for all trades or occupations required to complete the project.

DWD 290.08(2) (2) A request under this section shall be made on the form numbered ERD-5719, which shall be provided at no charge by the department, or on an equivalent electronic form.

DWD 290.08(3) (3) The department may be notified about ensuing projects as far in advance as possible. However, the official request to the department to determine the prevailing wage rates for all trades and occupations required to complete the work contemplated shall be made between 50 to 60 days before making a contract by direct negotiation or soliciting bids.

DWD 290.08(4) (4) A prevailing wage rate determination that is issued on or before June 30 in a particular year shall remain in effect for the remainder of the calendar year. A prevailing wage rate determination that is issued after June 30 shall remain in effect for 180 days.

DWD 290.08 History History: Cr. Register, January, 1967, No. 133, eff. 2-1-67; r. and recr. January, 1976, No. 241, eff. 2-1-76; r. and recr. Register, January, 1986, No. 361, eff. 2-1-86; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; cr. (4), Register, September, 1997, No. 501, eff. 10-1-97; am. (1) and (3), Register, July, 2000, No. 535, eff. 8-1-00; CR 10-092: am. (1), (2), cr. (1m) Register December 2010 No. 660, eff. 1-1-11.

DWD 290.09 DWD 290.09 Procedure for requesting exemption from applying for individual project prevailing wage rate determinations.

DWD 290.09(1) (1) The petition of any local governmental unit for exemption from applying to the department to determine the prevailing wage rates for any individual public works project pursuant to s. 66.0903 (6), 2009 Stats., or the petition of an owner or developer of real property for exemption from applying to the department to determine the prevailing wage rates for any individual publicly funded private construction project pursuant to s. 66.0904, 2009 Stats., shall be sent to the department and shall include:

DWD 290.09(1)(a) (a) A certified copy of the ordinance or other enactment setting forth the standards, policy, procedure and practice followed in determining the prevailing wage rates for all trades or occupations required in the work contemplated.

DWD 290.09(1)(b) (b) A current schedule of prevailing wage rates for all trades or occupations required for any project of public works or publicly funded private construction project, setting forth all of the following:

DWD 290.09(1)(b)1. 1. The trades or occupations required.

DWD 290.09(1)(b)2. 2. The current and future hourly basic rates of pay, the hourly contribution for bona fide economic benefits and any premium pay, if applicable, for these trades or occupations.

DWD 290.09(1)(b)3. 3. The types of projects of public works or publicly funded private construction projects, by kind and size, that are subject to the ordinance or other enactment.

DWD 290.09(1)(b)4. 4. The effective date of the hourly basic rates of pay and hourly contribution for bona fide economic benefits.

DWD 290.09(1)(c) (c) Frequency of, method of, and responsibility for updating the schedule of prevailing wage rates, hours of labor and hourly basic pay rates.

DWD 290.09(1)(d) (d) Name, title, address and phone number of person to whom the exemption order is to be mailed.

DWD 290.09(2) (2) Upon request of the department, the local government unit or the owner or developer of real property shall also supplement its petition with information pertinent to determining the granting of an exemption.

DWD 290.09(3) (3) An exemption will be granted for a period no longer than 18 months. A new petition shall be filed with the department each time continuation of the exemption is desired beyond the termination date granting such exemption.

DWD 290.09(4) (4) Each exemption is subject to revocation for cause at any time, and also subject to observance of the applicable provisions of Wisconsin laws, rules and regulations of the department, and of the agreements included in the petition and application. The provisions of ch. DWD 290, and ss. 66.0903 (1), (3), (4), (5), (8), (9) (b) and (c), (10), (11) and (12), and 66.0904 (1), (2), (3), (5), (7) (b) and (c), (8), (9) and (10), 2009 Stats., remain in effect and are not included within an exemption.

DWD 290.09(5) (5) No exemption shall be granted unless the local governmental unit has enacted a methodology to enforce the payment of the prevailing wage rates determined pursuant to its ordinance or enactment and that methodology has been approved by the department.

DWD 290.09 History History: Cr. Register, January, 1967, No. 133, eff. 2-1-67; r. and recr. Register, January, 1976, No. 241, eff. 2-1-76; am. (4), Register, September, 1990, No. 418, eff. 10-1-90; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; am. (1) (intro.), (a), (2) and (4), r. and recr. (1) (b), cr. (5), Register, July, 2000, No. 535, eff. 8-1-00; corrections in (1) (intro.) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; CR 10-092: am. (1) (intro.), (b) (intro.), 3., (2), (4) Register December 2010 No. 660, eff. 1-1-11; correction in (1) (intro.), (4) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738.

DWD 290.10 DWD 290.10 Procedure for an administrative review.

DWD 290.10(1) (1) This section applies to a request for review by a local government unit under s. 66.0903 (3) (br), 2009 Stats., an owner or developer of real property under s. 66.0904 (4) (e), 2009 Stats., or a state agency under s. 103.49 (3) (c), 2009 Stats.

DWD 290.10(2) (2) A request for review by a local governmental unit, an owner or developer of real property, or a state agency will be accepted for consideration if the request meets the following requirements:

DWD 290.10(2)(a) (a) The request is in writing.

DWD 290.10(2)(b) (b) The request is made within 30 days from the date the determination was issued. A request is timely under this section if it is received by mail with a postmark date within the review period.

DWD 290.10(2)(c) (c) The request is made at least 10 days before the date that construction contracts are awarded or negotiated.

DWD 290.10(2)(d) (d) The request includes wage rate information for the contested trade or occupation on at least 3 projects of the same type located in the city, village or town where the proposed project is located and on which some work was performed within the applicable survey period and which was previously considered by the department in issuing the determination.

DWD 290.10(3) (3) In the course of its review, the department shall consider wage rate information from all other similar projects on which work was performed within the city, village or town during the applicable survey period. The department shall follow the same calculation criteria employed in the survey determinations.