2011 Oregon Revised Statutes
ORS Volume 7, Chapters 261- 304
ORS Chapter 279c
279C.860 Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage; certified payroll reports to commissioner.

(1) A contractor, subcontractor or any firm, corporation, partnership or association in which the contractor or subcontractor has a financial interest is ineligible to receive any contract or subcontract for public works for a period of three years from the date on which the Commissioner of the Bureau of Labor and Industries publishes the contractor s or subcontractor s name on the list described in subsection (2) of this section. The commissioner shall add a contractor s or subcontractor s name to the list after determining, in accordance with ORS chapter 183, that:

(a) The contractor or subcontractor has intentionally failed or refused to pay the prevailing rate of wage to workers employed upon public works;

(b) The subcontractor has failed to pay to the subcontractor s employees amounts required by ORS 279C.840 and the contractor has paid those amounts on the subcontractor s behalf;

(c) The contractor or subcontractor has intentionally failed or refused to post the prevailing rates of wage as required by ORS 279C.840 (4); or

(d) The contractor or subcontractor has intentionally falsified information in the contractor s or subcontractor s certified statements submitted under ORS 279C.845.

(2) The commissioner shall maintain a written list of the names of those contractors and subcontractors determined to be ineligible under this section and the period of time for which they are ineligible. The commissioner shall publish a copy of the list, furnish the list upon request and make the list available to contracting agencies.

(3) When the contractor or subcontractor is a corporation, the provisions of this section apply to any corporate officer or corporate agent who is responsible for the failure or refusal to pay or post the prevailing rate of wage, the failure to pay to a subcontractor s employees amounts required by ORS 279C.840 that are paid by the contractor on the subcontractor s behalf or the intentional falsification of information in the contractor s or subcontractor s certified statements submitted under ORS 279C.845.

(4) For good cause shown, the commissioner may direct the removal of the name of a contractor or subcontractor from the ineligible list.

(5) To assist the commissioner in determining whether the contractor or subcontractor is paying the prevailing rate of wage, when a prevailing rate of wage claim is filed, or evidence indicating a violation has occurred, a contractor or subcontractor required to pay the prevailing rate of wage to workers employed upon public works under ORS 279C.800 to 279C.870 shall send a certified copy of the payroll for those workers when the commissioner requests the certified copy. [2003 c.794 174; 2009 c.107 1]