Current through September 16, 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.
2. If, pursuant to
subsection 1, the Labor Commissioner:
(a)
Modifies a determination issued by an awarding body, the Labor Commissioner
will serve a copy of the modified determination by mail on the contractor or
subcontractor who was the subject of the investigation and any person who filed
a claim or complaint with the Labor Commissioner relating to the
investigation.
(b) Affirms a
determination issued by an awarding body, the Labor Commissioner will issue an
order affirming the determination issued by the awarding body. The order
affirming the determination issued by the awarding body is deemed to be the
final order of the Labor Commissioner on the matter.
(c) Sets the matter that is the subject of
the determination issued by the awarding body for an administrative hearing
before the Labor Commissioner, the Labor Commissioner will conduct a hearing on
the matter.
(d) Declines to assert
jurisdiction over the matter that is the subject of the determination, the
Labor Commissioner will issue an order dismissing the determination issued by
the awarding body. The order dismissing the determination issued by the
awarding body is deemed to be the final order of the Labor Commissioner on the
matter.
3. A person who
has been served a copy of a modified determination pursuant to paragraph (a) of
subsection 2 and who disputes the modified determination may file a written
objection with the Labor Commissioner within 15 days after the date of service
of the modified determination. Such an objection must be accompanied by a short
statement of the grounds for the objection and evidence substantiating the
objection.
4. If an objection to a
determination issued by an awarding body and modified by the Labor Commissioner
is filed with the Labor Commissioner pursuant to subsection 3, the Labor
Commissioner will, within 15 days after the period for objection has expired,
schedule a hearing on the modified determination if:
(a) The modified determination included an
assessment of back wages owed to workers, an administrative penalty or fine, or
a recommendation of the imposition of a period of disqualification from public
works against a contractor or subcontractor pursuant to
NRS
338.017; or
(b) The modified determination did not
include an assessment of back wages owed to workers, an administrative penalty
or fine, or a recommendation of the imposition of a period of disqualification
from public works against a contractor or subcontractor pursuant to
NRS
338.017, but the Labor Commissioner
determines that the objection has merit on other grounds after reviewing the
determination and the information submitted to him or her by the awarding body
pursuant to subsection 6 of NAC 338.110.
5. If:
(a)
An objection is filed with the Labor Commissioner that does not meet the
requirements of subsection 3; or
(b) An objection was not filed with the Labor
Commissioner, the determination issued by the awarding body and modified by the
Labor Commissioner is deemed to be the final order of the Labor Commissioner on
the matter.
6. If, after
holding a hearing on a determination issued by an awarding body or a modified
determination, the Labor Commissioner finds that a contractor or subcontractor
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
decision, which will include, without limitation, the relevant facts and
applicable laws on which the decision was based. The Labor Commissioner will
serve a copy of the decision by certified mail on the contractor or
subcontractor who was the subject of the investigation and any person who filed
a claim or complaint with the Labor Commissioner relating to the investigation.
A decision issued by the Labor Commissioner pursuant to this subsection is
deemed to be the final order of the Labor Commissioner on the matter.
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,
607.150
