California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 1 - General › Section 17202 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of these Rules:
(a) "Affected Contractor or Subcontractor"
					 means a contractor or subcontractor (as defined under Labor Code section
					 1722.1) to whom
					 the Labor Commissioner has issued a civil wage and penalty assessment pursuant
					 to Labor Code section
					 1741, or to
					 whom an Awarding Body has issued a notice of the withholding of contract
					 payments pursuant to Labor Code section
					 1771.6, or to
					 whom the Labor Commissioner or the Division of Apprentice Standards has issued
					 a notice assessing penalties for noncompliance with payroll record obligations
					 under Labor Code section
					 1776;
(b) "Assessment" means a civil wage and
					 penalty assessment issued by the Labor Commissioner or his or her designee
					 pursuant to Labor Code section
					 1741, and it
					 also includes a notice issued by either the Labor Commissioner or the Division
					 of Apprenticeship Standards pursuant to Labor Code section
					 1776;
(c) "Awarding Body" means an awarding body or
					 body awarding the contract (as defined in Labor Code section
					 1722) that
					 exercises enforcement authority under Labor Code section
					 1726 or
					 1771.5;
(d) "Department" means the Department of
					 Industrial Relations;
(e)
					 "Director" means the Director of the Department of Industrial
					 Relations;
(f) "Enforcing Agency"
					 means the entity which has issued an Assessment or Notice of Withholding of
					 Contract Payments and with which a Request for Review has been filed;
i.e
., it refers to the Labor Commissioner when review is
					 sought from an Assessment, the Awarding Body when review is sought from a
					 Notice of Withholding of Contract Payments, and the Division of Apprenticeship
					 Standards when review is sought from a notice issued by that agency that
					 assesses penalties under Labor Code section
					 1776;
(g) "Hearing Officer" means any person
					 appointed by the Director pursuant to Labor Code section
					 1742(b)
					 to conduct hearings and other proceedings under Labor Code section
					 1742 and these
					 Rules;
(h) "Joint Labor-Management
					 Committee" means a joint labor-management committee established pursuant to the
					 federal Labor Management Cooperation Act of 1978 (section
					 175 a of Title 29 of the United
					 States Code).
(i) "Labor
					 Commissioner" means the Chief of the Division of Labor Standards Enforcement
					 and includes his or her designee who has been authorized to carry out the Labor
					 Commissioner's functions under Chapter 1, Part 7 of Division 2 (commencing with
					 section 1720) of the Labor Code;
(j) "Party" means an Affected Contractor or
					 Subcontractor who has requested review of either an Assessment or a Notice of
					 Withholding of Contract Payments, the Enforcing Agency that issued the
					 Assessment or the Notice of Withholding of Contract Payments from which review
					 is sought, and any other Person who has intervened under subparts (a), (b), or
					 (c) of Rule 08 [Section
					 17208] ;
(k) "Person" means an individual,
					 partnership, limited liability company, corporation, governmental subdivision
					 or unit of a governmental subdivision, or public or private organization or
					 entity of any character;
(l)
					 "Representative" means a person authorized by a Party to represent that Party
					 in a proceeding before a Hearing Officer or the Director, and includes the
					 Labor Commissioner when the Labor Commissioner has intervened to represent the
					 Awarding Body in a review proceeding pursuant to Labor Code section
					 1771.6(b).
(m) "Rule" refers to a section within this
					 subchapter 6. The Rule number corresponds to the last two digits of the full
					 section number. (For example, Rule 08 is the same as section
					 17208.)
(n) "Surety" has the meaning set forth in
					 Civil Code section
					 2787 and refers
					 to the entity that issues the public works bond provided for in Civil Code
					 sections
					 3247 and
					 3248 or any
					 other surety bond that guarantees the payment of wages for labor.
(o) "Working Day" means any day that is not a
					 Saturday, Sunday, or State holiday, as determined with reference to Code of
					 Civil Procedure sections
					 12(a)
					 and
					 12(b)
					 and Government Code sections
					 6700 and
					 6701.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Sections
						  2787,
						  3247 and
						  3248, Civil
						  Code; Sections
						  12a
						  and
						  12b,
						  Code of Civil Procedure; Sections
						  6700,
						  6701,
						  11405.60
						  and
						  11405.70,
						  Government Code; Sections
						  1720 et seq.,
						  1722,
						  1722.1,
						  1726,
						  1741,
						  1742,
						  1742(b),
						  1771.5,
						  1771.6,
						  1771.6(b)
						  and
						  1776, Labor
						  Code; and 29 U.S.C. §
														175a.