reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 334 - Purchasing: Generally › Section 334.080 - "Program" defined

Current through June 11, 2024
"Program" means the Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations established pursuant to NRS 334.025.
Added to NAC by Rehabilitation Div. by R105-08, eff. 12-17-2008
NRS 334.025
Nevada Administrative Code › Chapter 334 - Purchasing: Generally › Section 334.090 - "Registered organization" defined

Current through June 11, 2024
"Registered organization" means an organization that has registered with the Division pursuant to subsection 3 of NRS 334.025.
Added to NAC by Rehabilitation Div. by R105-08, eff. 12-17-2008
NRS 334.025
Nevada Administrative Code › Chapter 334 - Purchasing: Generally › Section 334.100 - Requirements for issuance to and renewal of registration of organization for training and employment of persons with mental or physical disabilities

Current through June 11, 2024
1. An organization that wishes to register with the Division pursuant to subsection 3 of NRS 334.025 must submit with the registration form prescribed by the Division:
(a) If the organization is a nonprofit organization, a copy of a ruling or determination letter from the Internal Revenue Service indicating that the organization is exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code;
(b) A copy of the articles of incorporation of the organization;
(c) A list containing the names, addresses and telephone numbers of the members of the board of directors of the organization;
(d) A copy of the organizational chart of the organization, including, without limitation, job titles and names;
(e) A copy of the liability insurance policy of the organization applicable to the training and employment of persons with disabilities;
(f) If the organization is authorized to pay subminimum wages to persons with disabilities, a copy of the subminimum wage certificate issued to the organization by the United States Department of Labor authorizing the payment of subminimum wages, accompanied by a letter of explanation concerning the exemption; and
(g) A signed and notarized affirmation from an officer or authorized agent of the organization that the organization possesses documentation that persons with disabilities will perform at least 75 percent of the hours of direct labor required for the production or provision of commodities or services under a contract entered into by the organization pursuant to the Program.
Nevada Administrative Code › Chapter 334 - Purchasing: Generally › Section 334.110 - Approval of contract by Division: Criteria; notice; request for hearing to appeal denial; submission of copy of final, executed version

Current through June 11, 2024
1. A registered organization may not enter into a contract pursuant to the Program, or any amendment thereto, unless the proposed contract or amendment has been submitted to the Division for its approval. The Division will approve such a contract or amendment if the Division determines that:
(a) The registered organization has sufficient capacity, capital, training and experience to successfully perform the terms of the contract or amendment.
(b) Except during the 60 days commencing on the date of execution of the contract or amendment, at least 75 percent of the hours of direct labor required for the production or provision of commodities or services pursuant to that contract or amendment will be performed by persons with disabilities.
Nevada Administrative Code › Chapter 334 - Purchasing: Generally › Section 334.120 - Withdrawal of approval of contract by Division: Conditions; notice; request for hearing to appeal withdrawal

Current through June 11, 2024
1. The Division may at any time withdraw its approval of a contract or amendment that was approved pursuant to NAC 334.110 if the Division finds that:
(a) The training and employment of persons with disabilities is not the primary purpose of the registered organization;
(b) The performance of the contract does not primarily benefit, through training or employment, persons with disabilities;
(c) The registered organization has failed to comply with the provisions of this chapter or NRS 334.025; or
(d) The registered organization has failed to adequately perform its obligations under the contract or amendment.
Nevada Administrative Code › Chapter 334 - Purchasing: Generally › Section 334.130 - Hearing to appeal denial or withdrawal of approval of contract: Assignment of hearing officer; stay of action with respect to withdrawal

Current through June 11, 2024
1. Upon receipt of a request for a hearing pursuant to subsection 3 of NAC 334.110 or subsection 2 of NAC 334.120, the Administrator or a designee will submit the request to the Hearings Division of the Department of Administration for assignment to a hearing officer.
2. A hearing requested pursuant to subsection 2 of NAC 334.120 operates as a stay of action with respect to the withdrawal of approval of the contract or amendment until a determination on the appeal is made by the hearing officer assigned to hear the appeal.
Added to NAC by Rehabilitation Div. by R105-08, eff. 12-17-2008
NRS 334.025
Nevada Administrative Code › Chapter 334 - Purchasing: Generally › Section 334.140 - Hearing to appeal denial or withdrawal of approval of contract: Posting or submission and disposition of bond or other security

Current through June 11, 2024
1. A registered organization that requests a hearing pursuant to subsection 3 of NAC 334.110 or subsection 2 of NAC 334.120 must:
(a) Post a bond with a solvent surety authorized to do business in this State; or
(b) Submit to the Administrator other security that is approved by the Administrator.
Nevada Administrative Code › Chapter 334 - Purchasing: Generally › Section 334.150 - Quarterly reports to Administrator by registered organization that entered into contract

Current through June 11, 2024
1. Not later than 20 days after the end of each quarter of a fiscal year, a registered organization that has entered into a contract with an agency pursuant to the Program, with a governing body of a local government or its authorized representative pursuant to NRS 332.117 or with the Purchasing Division of the Department of Administration pursuant to NRS 333.375, shall provide a written report to the Administrator. Each quarterly report must include, without limitation:
(a) The number of contracts the registered organization has entered into during the preceding quarter pursuant to NRS 332.117, 333.375 or 334.025 which are in effect and a list of the agencies with which the registered organization has entered into those contracts; and
(b) The following information relating to each such contract:
(1) The type and scope of the services or commodities to be provided pursuant to the contract;
(2) The total number of persons with disabilities employed by the registered organization to provide services or commodities to an agency pursuant to the contract;
(3) The number of persons with disabilities who are employed by the registered organization to provide services or commodities to an agency pursuant to the contract who have at least 90 days of competitive employment without a break in service;
(4) The annual value of the contract;
(5) The ratio of the number of persons with disabilities who are employed by the registered organization to provide services or commodities to an agency pursuant to the contract to the number of persons without disabilities who are employed by the registered organization to provide services or commodities to an agency pursuant to the contract;
(6) The hourly wage which is paid to each person with a disability who is employed by the registered organization to provide services or commodities pursuant to the contract; and
(7) The number of days each person with a disability was employed by the registered organization to provide services or commodities pursuant to the contract.
Nevada Administrative Code › Chapter 334 - Purchasing: Generally › Section 334.160 - Complaint of alleged noncompliance of registered organization: Filing; contents

Current through June 11, 2024
A person may file a complaint with the Division alleging the noncompliance of a registered organization with the provisions of this chapter or NRS 334.025. Such a complaint must:
1. Be in writing;
2. Contain the contact information of the person who filed the complaint; and
3. Be signed by the person who filed the complaint.
Added to NAC by Rehabilitation Div. by R105-08, eff. 12-17-2008
NRS 334.025
Nevada Administrative Code › Chapter 334 - Purchasing: Generally › Section 334.170 - Audit of books and records of registered organization

Current through June 11, 2024
The Division may audit the books and records of a registered organization:
1. To ensure that the carrying out of a contract or amendment entered into by the registered organization pursuant to the Program effectuates the purposes of the Program.
2. In the course of conducting an investigation of a complaint filed pursuant to NAC 334.160.
3. In response to any legal action alleging noncompliance with the provisions of this chapter or NRS 334.025.
Added to NAC by Rehabilitation Div. by R105-08, eff. 12-17-2008
NRS 334.025
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › General Provisions › Section 338.005 - Definitions

Current through June 11, 2024
As used in NAC 338.005 to 338.125, inclusive, unless the
				  context otherwise requires, the words and terms defined in
				  NRS 338.010 and NAC
				  338.0052 to 338.007, inclusive, have the meanings ascribed to them in those
				  sections.
Added to NAC by Labor
				  Comm'r by R072-00, eff. 8-15-2000; A by R115-01,
				  4-5-2002
NRS
					 338.012
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › General Provisions › Section 338.0052 - "Apprentice" defined

Current through June 11, 2024
"Apprentice" means a person employed and individually
				  registered in a bona fide apprenticeship program in accordance with chapter 610
				  of NRS and any regulations adopted pursuant thereto.
Added to NAC by Labor
				  Comm'r by R115-01, eff. 4-5-2002; A by
				  R018-18A,
				  eff. 5/22/2020
NRS
				  338.012
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › General Provisions › Section 338.0054 - "Awarding body" defined

Current through June 11, 2024
"Awarding body" means a public body, as that term is defined
				  in
				  NRS 338.010, or any
				  authorized agent or representative of a public body.
Added to NAC by Labor
				  Comm'r by R115-01, eff. 4-5-2002
NRS
					 338.012
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › General Provisions › Section 338.0056 - "Certified payroll report" defined

Current through June 11, 2024
"Certified payroll report" means the record that a contractor
				  or subcontractor engaged on a public work is required to submit to an awarding
				  body pursuant to subsections 4 and 5 of
				  NRS
				  338.070 with a statement of compliance as
				  required pursuant to subsection 1 of NAC 338.094 for each month after the
				  contractor or subcontractor commences working on the public work in which the
				  contractor or subcontractor employs one or more workers in connection with the
				  public work.
Added to NAC by Labor
				  Comm'r by R115-01, eff. 4-5-2002; A by R207-03,
				  2-19-2004
NRS
					 338.012
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › General Provisions › Section 338.0065 - "Nonperformance payroll report" defined

Current through June 11, 2024
"Nonperformance payroll report" means the report that a
				  contractor or subcontractor engaged on a public work is required to submit to
				  an awarding body pursuant to NAC 338.098 for each month after the contractor or
				  subcontractor commences working on the public work in which the contractor or
				  subcontractor does not employ any workers in connection with the public
				  work.
Added to NAC by Labor
				  Comm'r by R115-01, eff. 4-5-2002; A by R207-03,
				  2-19-2004
NRS
					 338.012
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › General Provisions › Section 338.007 - "Recognized class of workers" defined

Current through June 11, 2024
"Recognized class of workers" means a class of workers
				  recognized by the Labor Commissioner as being a distinct craft or type of work
				  for purposes of establishing prevailing rates of wages. The term includes a
				  class of workers for which the Labor Commissioner has traditionally established
				  a prevailing rate of wages and any other class of workers the Labor
				  Commissioner determines to be a distinct craft or type of work either on his or
				  her own accord or after conducting a hearing pursuant to NAC 338.090.
Added to NAC by Labor
				  Comm'r by R072-00, eff. 8-15-2000
NRS
					 338.012
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › General Provisions › Section 338.008 - Contract between awarding body and contractor does not bar enforcement by Labor Commissioner or awarding body

Current through June 11, 2024
The existence or nonexistence of a contract between an
				  awarding body and a contractor is not a bar to the enforcement by the Labor
				  Commissioner or the awarding body of the provisions of
				  NRS
				  338.010 to
				  338.090, inclusive, and
				  NAC 338.005 to
				  338.125, inclusive, and sections
				  2 and 3 of this regulation.
Added to NAC by Labor
				  Comm'r by R115-01, eff. 4-5-2002; A by R207-03, 2-19-2004; A by
				  R018-18A,
				  eff. 5/22/2020
NRS
				  338.012
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › General Provisions › Section 338.Sec. 2 - NEW

Current through June 11, 2024
1. Within 15 days after being served a
				complaint pursuant to NAC
				338.107, the person alleged to
				have committed the violation which is the subject of the complaint shall file
				an answer to the complaint with the Labor Commissioner and serve a copy of the
				answer on the complainant, if the identity of the complainant is included in
				the complaint, and every other person who is a party to the
				proceeding.
2. Matters that are
				alleged as an affirmative defense must be separately stated and
				numbered.
3. If, after reviewing
				the complaint and answer, the Labor Commissioner determines that further
				investigation is warranted, the Labor Commissioner will order the awarding body
				to conduct such further investigation pursuant to NAC
				338.110, or the Labor
				Commissioner will conduct his or her own investigation. Complaints filed
				against the awarding body for which further investigation is warranted will be
				investigated by the Labor Commissioner.
4. If no answer is timely filed and served
				pursuant to subsection 1, the Labor Commissioner will determine that the person
				alleged to have committed the violation is in default and, within 30 days after
				the determination of a default, issue a decision and order based solely on the
				facts as presented in the complaint. A decision issued by the Labor
				Commissioner pursuant to this subsection constitutes the final order of the
				Labor Commissioner on the matter.
Added to
				  NAC by Labor Comm'r by
				  R018-18A,
				  eff. 5/22/2020
NRS
				  338.012,
				  338.015
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › General Provisions › Section 338.Sec. 3 - NEW

Current through June 11, 2024
As used in subsection 5 of
				  NRS
				  338.030, the Labor Commissioner will
				  interpret "evidence presented" to include a local area practice survey
				  conducted by the Labor Commissioner based upon the procedures set forth in the
				  most recently published version of chapter 15 of the Field Operations Handbook
				  of the Wage and Hour Division of the United States Department of Labor, which
				  may be obtained free of charge at the Internet address
https://www.dol.gov/agencies/whd/field-operations-handbook
,
				  if such a survey was conducted.
Added to
				  NAC by Labor Comm'r by
				  R018-18A,
				  eff. 5/22/2020
NRS
				  338.012,
				  338.020,
				  338.030
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Wages › Section 338.009 - Workers deemed to be employed on public works: Interpretation of certain statutory terms

Current through June 11, 2024
1. As used in
				NRS
				338.040, the Labor Commissioner will
				interpret:
(a) "Employed at the site of a
				public work" to mean the performance of work in the execution of a contract for
				a public work at the physical place or places at which the work is performed or
				at which a significant portion of the public work is constructed, altered or
				repaired if such place is established specifically for the execution of the
				contract for the public work or dedicated exclusively, or nearly so, to the
				execution of the contract for the public work.
(b) "Necessary in the execution of the
				contract for the public work" to mean the performance of duties required to
				construct, alter or repair the public work and without which the public work
				could not be completed.
(c) The
				terms interpreted in paragraphs (a) and (b) to not include an instance in which
				a person provides services to the prime contractor or a subcontractor at the
				site of a public work for a limited period of time if the services provided:
(1) Do not include work typically performed
				by a recognized class of workers; and
(2) Are incidental or ancillary to the
				construction, repair or reconstruction of the public work.
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Wages › Section 338.0095 - Workers and apprentices: Payment of applicable prevailing rate of wage for type of work actually performed and in accordance with recognized class of workers; identification of employer

Current through June 11, 2024
1. For the purposes
				of
				NRS
				338.010 to
				338.090, inclusive, and
				NAC 338.005 to
				338.125, inclusive, and sections
				2 and 3 of this regulation:
(a) A worker
				employed on a public work must be paid the applicable prevailing rate of wage
				for the type of work that the worker actually performs on the public work and
				in accordance with the recognized class of the worker; and
(b) Each contractor and subcontractor shall
				be deemed to be the employer of each worker and apprentice who performs work
				directly for that contractor or subcontractor in the execution of a contract
				for a public work, whether the worker or apprentice is employed directly by the
				contractor or subcontractor or is furnished to the contractor or subcontractor
				by or through another person or entity such as an employee leasing company or
				equipment rental business.
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Wages › Section 338.0097 - Payment of wages through contributions in name of worker to third person pursuant to fund, plan or program (Repealed)

Current through June 11, 2024
Added to NAC by Labor
				  Comm'r by R090-04, eff. 6-30-2004; R by
				  R018-18A,
				  eff. 5/22/2020
NRS
				  338.012
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Wages › Section 338.010 - Method of determination of prevailing rate of wages for recognized class of workers

Current through June 11, 2024
1. Based on the
				information described in subsection 1 of NAC
				338.020, the Labor Commissioner
				will determine the prevailing rate of wages paid to each recognized class of
				workers in a region as follows:
(a) Where the
				rate of wages is the same for the majority of the total hours worked by a
				recognized class of workers who are employed in the region on construction
				similar to the proposed construction, including, without limitation, rates of
				wages that were collectively bargained, that rate will be determined as the
				prevailing rate.
(b) Where there is
				no such majority, the prevailing rate for the recognized class of workers will
				be determined as:
(1) The rate of wages paid
				for the greater number of hours worked by the recognized class of workers if
				that number constitutes 40 percent or more of the total number of hours worked
				by the recognized class of workers; or
(2) The average rate of wages paid per hour,
				based on the number of hours worked per rate, to a recognized class of workers
				who are employed if the number of hours paid at the same rate is less than 40
				percent of the total number of hours worked by the recognized class of
				workers.
(c) When
				calculating the prevailing wage in a region in accordance with
				NRS
				338.030, if no construction similar to the
				proposed construction has been performed within the region in the past 2 years,
				the Labor Commissioner will consider the prevailing rate of wages paid in:
(1) The Northern Rural Prevailing Wage
				Region, when calculating the prevailing wage for the Washoe Prevailing Wage
				Region;
(2) The Washoe Prevailing
				Wage Region, when calculating the prevailing wage for the Northern Rural
				Prevailing Wage Region;
(3) The
				Southern Rural Prevailing Wage Region, when calculating the prevailing wage for
				the Clark Prevailing Wage Region; and
(4) The Clark Prevailing Wage Region, when
				calculating the prevailing wage for the Southern Rural Prevailing Wage
				Region.
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Wages › Section 338.015 - Recognized classes of workers: Subclassifications; determination of prevailing rate of wages for each craft or type of work among class

Current through June 11, 2024
1. The subclassifications within the
				recognized classes of workers include, without limitation:
(a) Foreman. A foreman is a person who works
				with and supervises one or more journeymen performing a craft or type of
				work.
(b) General foreman. A
				general foreman is a person who works with and supervises one or more
				journeymen performing a craft or type of work, including, without limitation,
				one or more foremen.
(c)
				Journeyman. A journeyman is a skilled mechanic, skilled worker, semiskilled
				mechanic, semiskilled worker or unskilled worker performing a craft or type of
				work.
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Wages › Section 338.017 - Truck drivers: Periods when deemed to be employed on public work

Current through June 11, 2024
A worker who performs the craft of truck driver shall be
				  deemed to be employed on a public work only while:
1. Transporting materials at the site of a
				public work; or
2. Transporting
				materials between the sites of a public work.
Added to NAC by Labor
				  Comm'r by R090-04, eff. 6-30-2004; A by
				  R018-18A,
				  eff. 5/22/2020
NRS
				  338.012,
				  338.040
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Wages › Section 338.020 - Compilation of information for use in determining prevailing rates of wages

Current through June 11, 2024
1. The kinds of information which the Labor
				Commissioner will consider in making determinations of prevailing rates of
				wages pursuant to
				NRS
				338.030 include:
(a) Statements showing rates of wages, bona
				fide fringe benefits paid on public and private projects, where the statements
				are signed by the contractors or their representatives and contain:
(1) The names and addresses of the
				contractors and subcontractors;
(2)
				The locations, project names and approximate dates of construction within the
				survey period;
(3) The number of
				hours each recognized class of workers is employed on each project;
				and
(4) The respective wages, as
				defined in
				NRS
				338.010, paid to each recognized class of
				workers employed on each project.
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Wages › Section 338.040 - Determination of prevailing rates of wages: Effective period; amendment; request for new determination

Current through June 11, 2024
1. An adjustment in
				the prevailing rate of wages pursuant to
				NRS
				338.030 becomes effective:
(a) On the date specified by the Labor
				Commissioner upon issuing or reissuing the prevailing rate of wages for a class
				of workers; or
(b) If an effective
				date is not specified by the Labor Commissioner, 10 days after the issuance or
				reissuance of the prevailing rate of wages.
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Wages › Section 338.050 - Determination of prevailing rates of wages: Correction of clerical errors

Current through June 11, 2024
Upon his or her own initiative or at the request of any
				  person who is required to be heard pursuant to subsection 5 of
				  NRS
				  338.030, the Labor Commissioner will correct
				  any determination of prevailing wages which he or she has issued if he or she
				  finds that it contains a clerical error. A correction is applicable to all
				  projects bid after the correction becomes effective and to projects bid before
				  the correction becomes effective to the extent provided by
				  NRS
				  338.030.
Added to NAC by Labor
				  Comm'r, eff. 12-1-83; A by R072-00, 8-15-2000; A by
				  R018-18A,
				  eff. 5/22/2020
NRS
				  338.012,
				  338.020,
				  338.030
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Wages › Section 338.060 - Determination of prevailing rates of wages: Availability of copies

Current through June 11, 2024
Copies of the Labor Commissioner's determinations of
				  prevailing rates of wages are available at his or her office and will be
				  furnished to public bodies and interested persons upon request beginning on
				  October 1 of each year.
Added to NAC by Labor
				  Comm'r, eff. 12-1-83; A by R072-00, 8-15-2000; R115-01,
				  4-5-2002
NRS
					 338.012,
					 338.020,
					 338.030
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Wages › Section 338.065 - Prevailing rates of wages for contract for public work entered into without opening of bids (Repealed)

Current through June 11, 2024
Added to NAC by Labor
				  Comm'r by R207-03, eff. 2-19-2004; R by
				  R018-18A,
				  eff. 5/22/2020
NRS
				  338.012
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Wages › Section 338.070 - Doubt concerning prevailing rate of wages in locality

Current through June 11, 2024
The Labor Commissioner will regard himself or herself as
				  being in doubt concerning a prevailing rate of wages in a region and will hold
				  the required hearing in the region whenever the Labor Commissioner finds
				  that:
1. The data within his or her
				possession are not substantial enough; or
2. His or her other means of obtaining
				information are inadequate, to enable him or her to determine the prevailing
				rate of wages for any recognized class of workers in the region.
Added to NAC by Labor
				  Comm'r, eff. 12-1-83; A by R072-00, 8-15-2000; A by
				  R018-18A,
				  eff. 5/22/2020
NRS
				  338.012,
				  338.020,
				  338.030
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Wages › Section 338.090 - Hearing to determine need for new recognized class of workers

Current through June 11, 2024
Upon his or her own initiative or at the request of any
				  person who is required to be heard pursuant to subsection 5 of
				  NRS
				  338.030, the Labor Commissioner may conduct a
				  hearing to determine the need for a new recognized class of workers if he or
				  she is in doubt as to the adequacy of an existing recognized class of
				  workers.
Added to NAC by Labor
				  Comm'r by R072-00, eff. 8-15-2000
NRS
					 338.012,
					 338.020,
					 338.030
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Reports and Records › Section 338.092 - Reports by contractors and subcontractors to Labor Commissioner: Form and contents; substantiation; provision to awarding body

Current through June 11, 2024
1. Except as otherwise provided in subsection
				2, a contractor who has been awarded a contract for a public work and all
				subcontractors hired by the contractor shall report the name and address of
				each subcontractor whom the contractor or subcontractor engages for work on the
				public work as required pursuant to subsection 3 of
				NRS
				338.013 on a form prescribed by the Labor
				Commissioner. The report must include, without limitation:
(a) The name of the owner or principal of the
				subcontractor;
(b) The telephone
				number and facsimile number, if any, of the subcontractor;
(c) The scope of work to be performed by the
				subcontractor in connection with the public work; and
(d) The number, if any, of the license issued
				to the subcontractor by the State Contractors' Board pursuant to chapter 624 of
				NRS.
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Reports and Records › Section 338.094 - Certified payroll report: Format; required information and documentation

Current through June 11, 2024
1. Each certified payroll report:
(a) May be submitted electronically on a form
				prescribed by the Labor Commissioner or in a format selected by the contractor
				or subcontractor that provides the information required pursuant to subsection
				5 of
				NRS
				338.070;
(b) Must be accompanied by a statement of
				compliance, on a form prescribed by the Labor Commissioner, which is executed
				by the contractor or subcontractor and which certifies the truthfulness and
				accuracy of the payroll report; and
(c) Must include an itemization of all bona
				fide fringe benefits provided in the name of a worker as authorized by
				NRS
				338.035, if any such contributions were made
				as part of the wages of that worker.
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Reports and Records › Section 338.096 - Certified payroll report: Examination by awarding body

Current through June 11, 2024
1. An awarding body shall cause, or the Labor
				Commissioner will cause, such an examination of the certified payroll reports
				of a contractor or subcontractor to be made at reasonable times to assure
				compliance with the provisions of
				NRS
				338.010 to
				338.090, inclusive, and
				NAC 338.005 to
				338.125, inclusive, and sections
				2 and 3 of this regulation. Such an examination must include, or, if conducted
				by the Labor Commissioner will include, without limitation:
(a) Verification of the wages entered into
				the payroll system, wages that were actually paid, validation settings in the
				payroll system and self-audit and preventative measures established by the
				contractor or subcontractor to ensure the correct wages are paid for the type
				of work actually performed by those employees;
(b) Review of records and other data
				concerning the payroll of the contractor or subcontractor;
(c) Verification of the registration of
				apprentices or documentation demonstrating that the use of apprentices was not
				required for the project or was waived by the Labor Commissioner; and
(d) Evidence of payments of bona fide fringe
				benefits, if any, and, if so, a description of any such benefits, the amount of
				any such benefits, the frequency with which such benefits were paid and, if
				applicable, the plan or group name.
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Reports and Records › Section 338.098 - Nonperformance payroll report: Submission in lieu of certified payroll report

Current through June 11, 2024
1. If a contractor or subcontractor engaged
				on a public work does not employ any workers in any calendar month during which
				he or she is engaged on the public work, the contractor or subcontractor shall,
				in lieu of submitting a certified payroll report pursuant to subsection 6 of
				NRS
				338.070 for that month, submit to the
				awarding body a nonperformance payroll report certifying that the contractor or
				subcontractor did not employ any workers on the public work during that month.
				If a contractor or subcontractor employs any worker on the public work in any
				calendar month after the submission of a nonperformance payroll report, the
				contractor or subcontractor shall submit a certified payroll report for that
				month to the awarding body as required by
				NRS
				338.070 and NAC
				338.094.
2. A nonperformance payroll report must be
				completed on a form prescribed by the Labor Commissioner and must be submitted
				to the awarding body not later than 15 days after the end of a month in which
				the contractor or subcontractor did not employ any workers on the public
				work.
3. If a contractor or
				subcontractor engaged on a public work does not employ any workers for 3
				consecutive calendar months on the public work, the Labor Commissioner or the
				awarding body may, as determined is in the best interest of the State, request
				that the contractor or subcontractor submit a final nonperformance payroll
				report or other documentation demonstrating that the contractor or
				subcontractor has completed all the work on the public work for which the
				contractor or subcontractor was engaged.
4. If the awarding body uses an electronic
				system for submission of payroll reports by contractors and subcontractors, the
				awarding body shall make the payroll reports and payroll records it has
				received pursuant to
				NRS
				338.070 and NAC
				338.092,
				338.094 and
				338.096 available electronically
				to the Labor Commissioner and the public as soon as practicable after they are
				received by the awarding body.
Added to NAC by Labor
				  Comm'r by R115-01, eff. 4-5-2002; A by R207-03, 2-19-2004; A by
				  R018-18A,
				  eff. 5/22/2020
NRS
				  338.012,
				  338.070
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Reports and Records › Section 338.100 - Certified payroll report and nonperformance payroll report: Notation of date of receipt; submission to Labor Commissioner

Current through June 11, 2024
1. An
				awarding body shall cause to be affixed to each certified payroll report or
				nonperformance payroll report that the awarding body receives the actual date
				on which the awarding body received the certified payroll report or
				nonperformance payroll report.
2.
				An awarding body shall, upon request of the Labor Commissioner, submit a copy
				of a certified payroll report or a nonperformance payroll report to the Labor
				Commissioner.
Added to NAC by Labor
				  Comm'r by R115-01, eff. 4-5-2002
NRS
					 338.012,
					 338.070
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Determination of Violation › Section 338.105 - "Determination" defined

Current through June 11, 2024
As used in NAC 338.105 to
				  338.116, inclusive,
				  "determination" means a proposed finding of the Labor Commissioner or an
				  awarding body as to whether a violation of a provision of
				  NRS
				  338.010 to
				  338.090, inclusive, or
				  NAC 338.005 to
				  338.125, inclusive, and sections
				  2 and 3 of this regulation has occurred.
Added to NAC by Labor
				  Comm'r by R207-03, eff. 2-19-2004; A by
				  R018-18A,
				  eff. 5/22/2020
NRS
				  338.012,
				  338.015
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Determination of Violation › Section 338.107 - Complaint of violation: Filing with Labor Commissioner; contents; service

Current through June 11, 2024
1. Except as otherwise provided in subsection
				2, a person filing a complaint, including a claim for wages, with the Labor
				Commissioner alleging that a violation of a provision of
				NRS
				338.010 to
				338.090, inclusive, or
				NAC 338.005 to
				338.125, inclusive, and sections
				2 and 3 of this regulation has occurred with respect to the person shall:
(a) Provide in writing to the Labor
				Commissioner:
(1) The full name and address of
				the person filing the complaint;
(2) The full name and address of the person
				alleged to have committed the violation;
(3) A clear and concise statement of facts
				sufficient to establish that an alleged violation of a provision of
				NRS
				338.010 to
				338.090, inclusive, or
				NAC 338.005 to 338.125, inclusive, and sections 2 and 3 of this regulation has
				occurred, including, without limitation, the date, time and place of the
				alleged violation and the name of each person involved;
(4) A citation to the specific statute or
				regulation alleged to have been violated;
(5) The relief requested by the person filing
				the complaint;
(6) A certification
				by the person filing the complaint that the facts alleged in the complaint are
				true to the best knowledge and belief of the person filing the complaint;
				and
(7) The signature of the person
				filing the complaint.
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Determination of Violation › Section 338.110 - Determination by awarding body: Procedure; factors for consideration; objection to determination

Current through June 11, 2024
1. Upon its own
				initiative or at the order of the Labor Commissioner pursuant to subsection 3
				of section 2 of this regulation, an awarding body shall cause such an
				investigation to be made as may be necessary to determine whether a violation
				of a provision of
				NRS
				338.010 to
				338.090, inclusive, or
				NAC 338.005 to
				338.125, inclusive, and sections
				2 and 3 of this regulation was committed in the course of the execution of a
				contract for a public work that was awarded by the awarding body. Such an
				investigation must commence and conclude within a reasonable time, except that
				the investigation must not exceed 30 days unless an additional period of time
				is approved by the Labor Commissioner. Upon commencing an investigation upon
				its own initiative, an awarding body shall notify the Labor Commissioner in
				writing as soon as is practicable.
2. If a contractor or subcontractor fails to
				provide to an awarding body information requested by the awarding body pursuant
				to subsection 4 of NAC
				338.094, the awarding body may
				request the Labor Commissioner to issue subpoenas to assist the awarding body
				in its investigation.
3. In making
				a determination, an awarding body shall consider:
(a) Information contained in any claim or
				complaint against the contractor or subcontractor that was received by the
				Labor Commissioner;
(b) Oral or
				written statements made by employees of the contractor or subcontractor or
				witnesses during interviews conducted by the awarding body;
(c) Information contained in certified
				payroll reports applicable to the public work;
(d) The results of any inspection conducted
				pursuant to
				NRS
				607.150, which may include, without
				limitation, the inspection of the public work or any business office, plant,
				pit, yard or physical job site of the contractor or subcontractor, including
				any location designated by the contractor or subcontractor as a job site to
				perform work related to and necessary for the public work;
(e) Information obtained through a subpoena
				issued by the Labor Commissioner pursuant to
				NRS
				607.210; and
(f) Any other information that could
				reasonably assist the awarding body in determining whether a violation was
				committed.
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Determination of Violation › Section 338.112 - Determination by awarding body: Action by Labor Commissioner; objection to and hearing on modified determination; disposition

Current through June 11, 2024
1.
				Within 30 days after receipt of a determination issued by an awarding body
				pursuant to the provisions of NAC
				338.110, the Labor Commissioner
				will:
(a) Return the determination issued by
				the awarding body to the awarding body with a directive for further
				investigation;
(b) Modify the
				determination issued by the awarding body;
(c) Affirm the determination issued by the
				awarding body and, if any wages or penalties were withheld by the awarding
				body, direct the awarding body to forward to the Labor Commissioner the sums
				withheld for disbursement to the workers;
(d) Conduct his or her own investigation
				which may involve, without limitation, an inspection conducted pursuant to
				NRS
				607.150 of the public work or any business
				office, plant, pit, yard or physical job site of the contractor or
				subcontractor, including any location designated by the contractor or
				subcontractor as a job site to perform work related to and necessary for the
				public work;
(e) Set the matter
				that is the subject of the determination issued by the awarding body for an
				administrative hearing before the Labor Commissioner; or
(f) Decline to assert jurisdiction over the
				matter that is the subject of the determination issued by the awarding body.
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Determination of Violation › Section 338.114 - Determination by Labor Commissioner: Issuance and service; objection to and hearing on determination; disposition

Current through June 11, 2024
1. If, after an
				investigation conducted by the Labor Commissioner on a complaint filed pursuant
				to NAC 338.107 or on a complaint filed
				against an awarding body, the Labor Commissioner finds that a person,
				including, without limitation, the officers, agents or employees of a public
				body, has violated a provision of
				NRS
				338.010 to
				338.090, inclusive, or
				NAC 338.005 to
				338.125, inclusive, and sections
				2 and 3 of this regulation, the Labor Commissioner will issue a written
				determination, which will include, without limitation, the relevant facts and
				applicable laws on which the determination was based. The Labor Commissioner
				will serve a copy of the determination by mail on:
(a) The person who was alleged to have
				committed the violation;
(b) If a
				subcontractor is alleged to have committed the violation:
(1) The prime contractor for the public work;
				and
(2) Any intermediate
				subcontractors; and
(c)
				Any other person who filed a claim or complaint with the Labor Commissioner
				relating to the investigation.
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Determination of Violation › Section 338.116 - Hearing on determination: Procedure

Current through June 11, 2024
Except as otherwise provided in this section, at a hearing
				  held by the Labor Commissioner on a determination issued by an awarding body or
				  the Labor Commissioner, the Labor Commissioner will use the procedures provided
				  pursuant to chapter 233B of NRS and chapter 607 of NAC to conduct the hearing.
				  The provisions of subsection 8 of NAC
				  607.300 do not apply to a
				  complaint filed pursuant to NAC
				  338.107 or to an investigation or
				  hearing regarding whether a violation of a provision of
				  NRS
				  338.010 to
				  338.090, inclusive, or
				  NAC 338.005 to
				  338.125, inclusive, and sections
				  2 and 3 of this regulation has occurred.
Added to NAC by Labor
				  Comm'r by R115-01, eff. 4-5-2002; A by R207-03, 2-19-2004; A by
				  R018-18A,
				  eff. 5/22/2020
NRS
				  338.012,
				  338.015
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Penalties › Section 338.120 - Sliding scale of penalties

Current through June 11, 2024
1. If the State
				Contractors' Board has established a monetary limit on the license of a prime
				contractor pursuant to
				NRS 624.220, the
				amount of any forfeiture assessed against the prime contractor pursuant to
				NRS
				338.060 must be:
(a) If the monetary limit is less than
				$250,000, $20 for each calendar day or portion thereof.
(b) If the monetary limit is $250,000 or more
				but less than $500,000, $30 for each calendar day or portion thereof.
(c) If the monetary limit is $500,000 or more
				but less than $750,000, $40 for each calendar day or portion thereof.
(d) If the monetary limit is $750,000 or
				more, $50 for each calendar day or portion thereof.
Nevada Administrative Code › Chapter 338 - Public Works Projects › EMPLOYMENT › Penalties › Section 338.125 - Temporary disqualification of contractor or subcontractor

Current through June 11, 2024
1. If multiple periods of disqualification
				are imposed against a contractor or subcontractor pursuant to
				NRS
				338.017, the periods of disqualification must
				run consecutively.
2. The Labor
				Commissioner will maintain a list of contractors and subcontractors that have
				been disqualified temporarily from being awarded a contract for a public work
				pursuant to
				NRS
				338.017 and will make that information
				available to the public upon request, including, without limitation, on the
				website that the Labor Commissioner maintains on the Internet or its
				successor.
Added to NAC by Labor
				  Comm'r by R115-01, eff. 4-5-2002
NRS
					 338.012,
					 338.017
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › General Provisions › Section 338.130 - Definitions

Current through June 11, 2024
As used in NAC 338.130 to 338.450, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 338.132 to
				  338.144, inclusive, have the meanings ascribed to them in those
				  sections.
Added to NAC by Pub.
				  Works Bd. by R095-04, eff. 12-15-2004; A by R097-09, 10-15-2010; R100-11,
				  5-30-2012
NRS
					 338.1375,
					 338.13847,
					 341.070,
					 341.110
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › General Provisions › Section 338.132 - "Administrative proceeding" defined

Current through June 11, 2024
"Administrative proceeding" means a hearing for which there
				  is:
1. A notice of hearing in a
				contested case;
2. A right to be
				represented by counsel;
3. An
				opportunity to respond and present evidence;
4. A record of the proceeding; and
5. A finding of fact and a conclusion of
				law.
Added to NAC by Pub.
				  Works Bd. by R095-04, eff. 12-15-2004
NRS
					 338.1375,
					 338.1376
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › General Provisions › Section 338.133 - "Administrator" defined

Current through June 11, 2024
"Administrator" means the Administrator of the
				  Division.
Added to NAC by Pub.
				  Works Bd. by R100-11, eff. 5-30-2012
NRS
					 338.1375,
					 338.1376,
					 341.070,
					 341.110
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › General Provisions › Section 338.134 - "Board" defined

Current through June 11, 2024
"Board" means the State Public Works Board.
Added to NAC by Pub.
				  Works Bd. by R095-04, eff. 12-15-2004
NRS
					 338.1375,
					 338.1376
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › General Provisions › Section 338.135 - "Division" defined

Current through June 11, 2024
"Division" means the State Public Works Division of the
				  Department of Administration.
Added to NAC by Pub.
				  Works Bd. by R100-11, eff. 5-30-2012
NRS
					 338.1375,
					 338.1376,
					 341.070,
					 341.110
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › General Provisions › Section 338.136 - "Final completion" defined

Current through June 11, 2024
"Final completion" means that 100 percent of the work of the
				  contract and general conditions of the contract are satisfied.
Added to NAC by Pub.
				  Works Bd. by R095-04, eff. 12-15-2004
NRS
					 338.1375,
					 338.1376
Nevada Administrative Code › Chapter 338 - Public Works Projects › PROCEDURES FOR AWARDING CONTRACTS › General Provisions › Section 338.140 - "Prime contractor" defined

Current through June 11, 2024
"Prime contractor" has the meaning ascribed to it in
				  NRS 338.010.
Added to NAC by Pub.
				  Works Bd. by R095-04, eff. 12-15-2004
NRS
					 338.1375,
					 338.1376