OREGON
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10)
Does the agency retain any fines for enforcement (i.e. an enforcement
fund)?
A.) (1)(a) The Commissioner of the Bureau of Labor
and Industries, by rule, shall establish a fee to be paid by
the contractor to whom a public works contract subject to ORS
279C.800 to 279C.870 has been awarded. The fee shall be used
to pay the costs of:
(A) Surveys to determine the prevailing rates of wage;
(B) Administering and providing investigations under and enforcement
of ORS 279C.800 to 279C.870; and
(C) Providing educational programs on public contracting law
under the Public Contracting Code.
(b) The fee shall be 0.1 percent of the contract price. However,
in no event may a fee be charged and collected that is more
than $5,000 or less than $100.
B.) (2) The commissioner shall pay moneys received
under this section into the State Treasury. The moneys shall
be credited to the Prevailing Wage Education and Enforcement
Account created by ORS 651.185.
C.) (3) The contractor shall pay the fee at the
time of the first progress payment or 60 days after work on
the contract has begun, whichever date is earlier.
D.) (4) Failure to make timely payment under subsection
(3) of this section shall subject the contractor to a civil
penalty under ORS 279C.865 in such amount as the commissioner,
by rule, shall specify. [2003 c.794 '178] (279C.825)
E.) All moneys collected as penalties under this
section shall be first applied toward reimbursement of costs
incurred in determining violations, conducting hearings and
assessing and collecting the penalties. The remainder, if any,
of moneys collected as penalties under this section shall be
paid into the State Treasury and credited to the General Fund
and are available for general governmental expenses. (279C.865)
