Tenn. Comp. R. & Regs. 0800-03-02-.08 - PREVAILING WAGE SURVEY

(1) Contractors who elect to respond to the prevailing wage survey shall submit the data required in T.C.A. § 12-4-405 by regular mail or via electronic transmission to the Department on the portion of any construction projects on which they worked. No other contractor may submit data on behalf of a subcontractor.

(2) The term "immediately preceding calendar quarter" referred to in T.C.A. § 12-4-405(1)(A) and (B) means the months of July, August, and September.

(3) Contractors who furnish payroll data to the Department for its prevailing wage shall provide straight time hourly wage rates. Fringe benefits or overtime rates shall not be included in the hourly rates submitted.

(4) In each prevailing wage determination, the Commission shall have the authority to designate the classifications of crafts of workers. The Commission is not restricted to the use of the classifications enumerated in T.C.A. § 12-4-405, and it may from time-to-time combine or group classifications, add new classifications, and delete classifications.

(5) If the Department rejects payroll documentation submitted by a contractor the Department shall notify the affected contractor or his representative, as soon as possible, of the reasons for not considering the documentation in the Commission's prevailing wage rate determination. The affected contractor or his representative shall be advised of the right to appear and testify at the public hearing relative to the prevailing wage determination. Incomplete surveys received by the Department may be completed by the contractor providing the information within a reasonable time after submission, but in no case later than the date of the public hearing setting the rates.

(6) Contractors who furnish payroll documentation to the Department in response to the prevailing wage survey shall provide such data to the Department by October 31 of the survey year. Documentation which is sent by mail or via electronic transmission must be postmarked no later than October 31 and must be received by the Department by the third state business day following October 31.

(7) In any classification of a craft of workers listed on the prevailing wage survey form where four (4) or fewer nonaffiliated company survey responses are received, these responses may be excluded from establishing the rates. Where the data is excluded, the Commission may continue the rate in existence at the time of the survey or adjust it pursuant to T.C.A. § 12-4-405(4).

Notes

Tenn. Comp. R. & Regs. 0800-03-02-.08

Original rule certified filed June 10, 1974. Repeal and new rule filed March 12, 1987; effective April 26, 1987. Amendments filed April 8, 2019; effective 7/7/2019.

Authority: T.C.A. §§ 12-4-405, 12-4-406, and 12-4-415.