Nevada Administrative Code

NAC 338.005 Definitions. (NRS 338.012) 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 La…

NAC 338.0052 “Apprentice” defined. (NRS 338.012) “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, ef…

NAC 338.0054 “Awarding body” defined. (NRS 338.012) “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)

NAC 338.0056 “Certified payroll report” defined. (NRS 338.012) “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 comp…

NAC 338.0065 “Nonperformance payroll report” defined. (NRS 338.012) “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 o…

NAC 338.007 “Recognized class of workers” defined. (NRS 338.012) “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…

NAC 338.0075 “Evidence presented” interpreted. (NRS 338.012, 338.020, 338.030) 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 …

NAC 338.008 Existence or nonexistence of contract between awarding body and contractor does not bar enforcement by Labor Commissioner or awarding body. (NRS 338.012) The existence or nonexistence of a contract between an awarding body and a contractor is not a bar to the enforcem…

NAC 338.009 Workers deemed to be employed on public works: Interpretation of certain statutory terms. (NRS 338.012, 338.040) 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 execut…

NAC 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. (NRS 338.012, 338.020) 1. For the purposes of NRS 338.010 to 338.090, inclusive,…

NAC 338.010 Method of determination of prevailing rate of wages for recognized class of workers. (NRS 338.012, 338.020, 338.030) 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 r…

NAC 338.015 Recognized classes of workers: Subclassifications; determination of prevailing rate of wages for each craft or type of work among class. (NRS 338.012, 338.020, 338.030) 1. The subclassifications within the recognized classes of workers include, without limitation: (a)…

NAC 338.017 Truck drivers: Periods when deemed to be employed on public work. (NRS 338.012, 338.040) 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. Transport…

NAC 338.020 Information considered in determining prevailing rates of wages. (NRS 338.012, 338.020, 338.030) 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) Statement…

NAC 338.040 Adjustment in prevailing rates of wages: Effective period; request for new determination. (NRS 338.012, 338.020, 338.030) 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 up…

NAC 338.050 Determination of prevailing rates of wages: Correction of clerical errors. (NRS 338.012, 338.020, 338.030) 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 c…

NAC 338.060 Determination of prevailing rates of wages: Availability of copies. (NRS 338.012, 338.020, 338.030) 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 …

NAC 338.070 Doubt concerning prevailing rate of wages in region. (NRS 338.012, 338.020, 338.030) 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…

NAC 338.090 Hearing to determine need for new recognized class of workers. (NRS 338.012, 338.020, 338.030) 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 hear…

NAC 338.092 Reports by contractors and subcontractors to Labor Commissioner: Form and contents; substantiation. (NRS 338.012, 338.013) 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 t…

NAC 338.094 Certified payroll report: Format; required information and documentation. (NRS 338.012, 338.070) 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 subcontra…

NAC 338.096 Certified payroll report: Examination by awarding body; reporting of potential violation. (NRS 338.012, 338.070) 1. An awarding body shall cause, or the Labor Commissioner will cause, such an examination of the certified payroll reports of a contractor or subcontracto…

NAC 338.098 Nonperformance payroll report: Submission in lieu of certified payroll report; final report. (NRS 338.012, 338.070) 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 …

NAC 338.100 Certified payroll report and nonperformance payroll report: Notation of date of receipt; submission to Labor Commissioner. (NRS 338.012, 338.070) 1. An awarding body shall cause to be affixed to each certified payroll report or nonperformance payroll report that the a…

NAC 338.105 “Determination” defined. (NRS 338.012) 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…

NAC 338.107 Complaint of violation: Filing with Labor Commissioner; contents; service; limitation on acceptance of complaint. (NRS 338.012, 338.015) 1. Except as otherwise provided in subsection 2, a person filing a complaint, including a claim for wages, with the Labor Commissio…

NAC 338.108 Answer to complaint; investigation; failure to answer. (NRS 338.012, 338.015) 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…

NAC 338.110 Determination by awarding body: Procedure; factors for consideration; objection to determination. (NRS 338.012, 338.015, 338.070, 607.150, 607.210) 1. Upon its own initiative or at the order of the Labor Commissioner pursuant to subsection 3 of NAC 338.108, an awardin…

NAC 338.112 Determination by awarding body: Action by Labor Commissioner; objection to and hearing on modified determination; disposition. (NRS 338.012, 338.015, 607.150) 1. Within 30 days after receipt of a determination issued by an awarding body pursuant to the provisions of N…

NAC 338.114 Determination by Labor Commissioner: Issuance and service; objection to and hearing on determination; disposition. (NRS 338.012, 338.015) 1. If, after an investigation conducted by the Labor Commissioner on a complaint filed pursuant to NAC 338.107 or on a complaint f…

NAC 338.116 Hearing on determination: Procedure; exception. (NRS 338.012, 338.015) 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 th…

NAC 338.120 Sliding scale of penalties. (NRS 338.012, 338.060) 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.…

NAC 338.125 Temporary disqualification of contractor or subcontractor. (NRS 338.012, 338.017) 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…

NAC 338.130 Definitions. (NRS 338.1375, 338.13847, 341.070, 341.110) 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…

NAC 338.132 “Administrative proceeding” defined. (NRS 338.1375, 338.1376) “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 r…

NAC 338.133 “Administrator” defined. (NRS 338.1375, 338.1376, 341.070, 341.110) “Administrator” means the Administrator of the Division. (Added to NAC by Pub. Works Bd. by R100-11, eff. 5-30-2012)

NAC 338.134 “Board” defined. (NRS 338.1375, 338.1376) “Board” means the State Public Works Board. (Added to NAC by Pub. Works Bd. by R095-04, eff. 12-15-2004)

NAC 338.135 “Division” defined. (NRS 338.1375, 338.1376, 341.070, 341.110) “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)

NAC 338.136 “Final completion” defined. (NRS 338.1375, 338.1376) “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)

NAC 338.140 “Prime contractor” defined. (NRS 338.1375, 338.1376) “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)

NAC 338.142 “Public work” defined. (NRS 338.1375, 338.1376, 341.070, 341.110) “Public work” means a public work, as defined in NRS 338.010, that is under the jurisdiction of the Division. (Added to NAC by Pub. Works Bd. by R095-04, eff. 12-15-2004; A by R100-11, 5-30-2012)

NAC 338.144 “Substantial completion” defined. (NRS 338.1375, 338.1376) “Substantial completion” means that the construction of a public work is, in accordance with the contract documents, sufficiently complete that the owner can occupy and utilize the public work for its intended…

NAC 338.150 Definitions. (NRS 338.1375, 338.13895, 341.110) As used in NAC 338.150 to 338.290, inclusive, unless the context otherwise requires, the words and terms defined in NAC 338.170 to 338.231, inclusive, have the meanings ascribed to them in those sections. (Added to NAC b…

NAC 338.170 “Bidder” defined. (NRS 338.1375) “Bidder” means a prime contractor who has been determined to be qualified to bid on one or more contracts for public works pursuant to NAC 338.260. (Added to NAC by Pub. Works Bd. by R085-01, eff. 12-17-2001; A by R095-04, 12-15-2004)

NAC 338.181 “Business entity associated with the principal personnel” defined. (NRS 338.1375) “Business entity associated with the principal personnel” means a business entity in which a principal personnel of a prime contractor is or was the sole proprietor, a partner, the chair…

NAC 338.190 “Committee” defined. (NRS 338.1375) “Committee” means the committee appointed pursuant to NAC 338.260. (Added to NAC by Pub. Works Bd. by R085-01, eff. 12-17-2001)

NAC 338.200 “Cost category” defined. (NRS 338.1375) “Cost category” means the category of public works set forth in paragraph (b) of subsection 2 of NAC 338.250 for which a prime contractor may apply to be qualified for a 2-year period to submit bids. (Added to NAC by Pub. Works …