Date of Adoption: July 11, 2002.

     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).

     Citation of Existing Rules Affected by this Order: Amending chapter 136-18 WAC.

     Statutory Authority for Adoption: Chapter 36.79 RCW.

      Adopted under notice filed as WSR 02-11-119 on May 21, 2002.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

August 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?

[]

© Washington State Code Reviser's Office