Admin. R. Mont. 24.17.127 – Adoption of Standard Prevailing Rate of Wages

(1) The commissioner's determination of minimum wage rates, including fringe benefits for health and welfare, pension contributions and travel allowance, by craft, classification or type of worker, and by character of project, are adopted in accordance with the Montana Administrative Procedure Act and rules implementing such act.
1. (a) A notice of proposed adoption of the commissioner's determination is published in the Montana Administrative Register approximately 45 to 60 days prior to adoption.
2. (b) Adopted wage rates are effective until superseded and replaced by a subsequent adoption.
3. (c) The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised.
4. (d) The wage rates proposed and the wage rates adopted are incorporated by reference in respective notices published in the Montana Administrative Register.
5. (e) The current building construction services rates are contained in the 2026 (revised) version of the "Montana Prevailing Wage Rates for Building Construction Services" publication.
6. (f) The current nonconstruction services rates are contained in the 2026 (revised) version of the "Montana Prevailing Wage Rates for Nonconstruction Services" publication.
7. (g) The current heavy construction services rates are contained in the 2026 (revised) version of the "Montana Prevailing Wage Rates for Heavy Construction Services" publication.
8. (h) The current highway construction services rates are contained in the 2026 (revised) version of the "Montana Prevailing Wage Rates for Highway Construction Services" publication.
(2) The commissioner maintains a mailing list of interested persons and agencies. A copy of any notice, proposed rate of wages, adopted rates, wages or other information are distributed to each addressee. All others may obtain a copy or be included on the mailing list upon request to the address listed in (3). Copies of adopted wage rates are available at reproduction cost for a period of five years following their effective date.
(3) The standard prevailing rates of wages publications are adopted and incorporated by reference. Copies of the rates are available upon request from the Operations Bureau, Employment Standards Division, Department of Labor and Industry, 301 S. Park Avenue, P.O. Box 8011, Helena, MT 59604, (406) 444-6543, or on the department’s website.

Authorizing statute(s): 2-4-307, 18-2-409, 18-2-431, MCA

Implementing statute(s): 18-2-401, 18-2-402, 18-2-403, 18-2-406, 18-2-411, 18-2-412, 18-2-413, 18-2-414, 18-2-415, 18-2-422, 18-2-431, MCA

History: NEW, 1986 MAR p. 44, Eff. 1/16/86; AMD, 1986 MAR p. 1466, Eff. 8/29/86; AMD, 1986 MAR p. 1960, Eff. 11/29/86; AMD, 1987 MAR p. 1633, Eff. 9/25/87; AMD, 1988 MAR p. 2378, Eff. 12/1/88; AMD, 1990 MAR p. 1707, Eff. 9/1/90; AMD, 1991 MAR p. 1005, Eff. 6/28/91; AMD, 1992 MAR p. 2165, Eff. 8/15/92; AMD, 1993 MAR p. 1331, Eff. 7/1/93; AMD, 1994 MAR p. 1705, Eff. 7/1/94; AMD, 1995 MAR p. 1129, Eff. 7/1/95; AMD, 1996 MAR p. 1669, Eff. 7/1/96; AMD, 1997 MAR p. 1037, Eff. 7/1/97; AMD, 1998 MAR p. 2870, Eff. 9/25/98; AMD, 2000 MAR p. 1639, Eff. 7/1/00; AMD, 2001 MAR p. 444, Eff. 3/23/01; AMD, 2001 MAR p. 1102, Eff. 6/30/01; AMD, 2002 MAR p. 2446, Eff. 9/13/02; TRANS, from ARM 24.16.9007, Eff. 9/13/02; AMD, 2002 MAR p. 3416, Eff. 12/13/02; AMD, 2003 MAR p. 2867, Eff. 12/25/03; AMD, 2004 MAR p. 1780, Eff. 8/6/04; AMD, 2005 MAR p. 2064, Eff. 10/28/05; AMD, 2006 MAR p. 679, Eff. 3/10/06; AMD, 2006 MAR p. 2832, Eff. 11/10/06; AMD, 2007 MAR p. 968, Eff. 6/22/07; AMD, 2008 MAR p. 1471, Eff. 7/18/08; AMD, 2009 MAR p. 868, Eff. 5/15/09; AMD, 2010 MAR p. 912, Eff. 2/12/10; AMD, 2011 MAR p. 747, Eff. 5/13/11; AMD, 2011 MAR p. 1136, Eff. 6/24/11; AMD, 2012 MAR p. 306, Eff. 2/10/12; AMD, 2013 MAR p. 114, Eff. 2/1/13; AMD, 2014 MAR p. 1598, Eff. 7/11/14; AMD, 2014 MAR p. 3058, Eff. 1/2/15; AMD, 2016 MAR p. 140, Eff. 12/25/15; AMD, 2017 MAR p. 93, Eff. 1/7/17; AMD, 2018 MAR p. 183, Eff. 1/27/18; AMD, 2018 MAR p. 841, Eff. 4/28/18; AMD, 2019 MAR p. 134, Eff. 1/26/19; AMD, 2019 MAR p. 2349, Eff. 1/1/20; AMD, 2020 MAR p. 2410, Eff. 1/1/21; AMD, 2021 MAR p. 1913, Eff. 1/1/22; AMD, 2022 MAR p. 353, Eff. 3/12/22; AMD, 2023 MAR p. 17, Eff. 1/14/23; AMD, 2024 MAR p. 80, Eff. 1/13/24; AMD, 2025 MAR, 24-17-422, Eff. 1/11/25; AMD, 2025 MAR, Notice No. 2025-26, Eff. 7/1/25; AMD, 2026 MAR, Notice No. 2026-16, Eff. 4/25/26.