Section DWD 290.09 - Procedure for requesting exemption from applying for individual project prevailing wage rate determinations(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: (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.(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:1. The trades or occupations required.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.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.4. The effective date of the hourly basic rates of pay and hourly contribution for bona fide economic benefits.(c) Frequency of, method of, and responsibility for updating the schedule of prevailing wage rates, hours of labor and hourly basic pay rates.(d) Name, title, address and phone number of person to whom the exemption order is to be mailed.(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.(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.(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.(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.Wis. Admin. Code Department of Workforce Development DWD 290.09
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.Amended by, correction in (1) (intro.), (4) made under s. 13.92(4) (b) 7, Stats., Register June 2017 No. 738, eff. 7/1/2017.