WSR 02-11-119

PROPOSED RULES

COUNTY ROAD

ADMINISTRATION BOARD

[ Filed May 21, 2002, 11:13 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Title 136 WAC.

Purpose: Amends chapter 136-18 WAC, Standards of good practice -- Day labor construction. Amends chapter 136-18 WAC by adding new section WAC 136-18-085 Determination day labor compliance by the county road administration board. Identifies a list for the county road administration board to consider when determining if a county has unreasonably exceeded its statutory day labor limit for the proceeding calendar year, as indicated in RCW 36.77.065(d).

Statutory Authority for Adoption: Chapter 36.79 RCW.

Name of Agency Personnel Responsible for Drafting: Chris Mudgett, 2404 Chandler Court S.W., Suite 240, 753-5989; Implementation: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, 753-5989; and Enforcement: Jay Weber, 2404 Chandler Court S.W., Suite 240, 753-5989.

Name of Proponent: County Road Administration Board, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Amends chapter 136-18 WAC, Standards of good practice -- Day labor construction. Amends chapter 136-18 WAC by adding new section WAC 136-18-085 Determination day labor compliance by the county road administration board. Identifies a list for the county road administration board to consider when determining if a county has unreasonably exceeded its statutory day labor limit for the proceeding calendar year, as indicated in RCW 36.77.065(d).

Proposal Changes the Following Existing Rules: Amends chapter 136-18 WAC, Standards of good practice -- Day labor construction. Amends chapter 136-18 WAC by adding new section WAC 136-18-085 Determination day labor compliance by the county road administration board. Identifies a list for the county road administration board to consider when determining if a county has unreasonably exceeded its statutory day labor limit for the proceeding calendar year, as indicated in RCW 36.77.065(d).

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: County Road Administration Board, 2404 Chandler Court S.W., Suite 280, Olympia, WA 98504-0913, on July 11, 2002, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Karen Pendleton by July 5, 2002, TDD (800) 833-6384, or (360) 753-5989.

Submit Written Comments to: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, fax (360) 586-0386, by July 5, 2002.

Date of Intended Adoption: July 11, 2002.

May 9, 2002

Jay P. Weber

Executive Director

OTS-5690.1


NEW SECTION
WAC 136-18-085   Determination of day labor compliance by the county road administration board.   At its second regular meeting of each calendar year, the county road administration board shall determine if any county has unreasonably exceeded its statutory day labor limit for the preceding calendar year, as indicated in RCW 36.77.065. In determining what is unreasonable, the county road administration board shall consider the following:

(1) Did the county provide prior notification of the possible day labor limit violation in writing to the county road administration board?

(2) What is the amount of the excess day labor expenditure compared to the total annual county road construction expenditure for the same time period?

(3) Are there extenuating circumstances beyond the control of the county that resulted in exceeding the statutory day labor limit?

(4) What is the past record of the county regarding day labor compliance?

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Washington State Code Reviser's Office