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 17208 - Intervention and Participation by Other Interested Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Labor Commissioner may intervene as a
					 matter of right in any review from a Notice of Withholding of Contract
					 Payments, either as the Representative of the Awarding Body or as an interested
					 third Party.
(b) A bonding company
					 and any Surety on a bond that secures the payment of wages covered by the
					 Assessment or Notice of Withholding of Contract Payments shall be permitted to
					 intervene as a matter of right in any pending review filed by the contractor or
					 subcontractor from the Assessment or Withholding of Contract Payments in
					 question;
provided that
, intervention is sought at or before
					 the first prehearing conference held pursuant to Rule 31 [Section
					 17231] below and within either 30
					 days after the bonding company or Surety was served with a copy of the
					 Assessment or Notice of Withholding of Contract Payments or 30 days after the
					 filing of the Request for Review, whichever is later. Thereafter, any request
					 to intervene by such a bonding company or Surety shall be treated as a motion
					 for permissive participation under subpart (d) of this Rule. A bonding company
					 or Surety shall have the burden of proof with respect to any claim that it did
					 not receive notice of the Assessment or Notice of Withholding of Contract
					 Payments until after the filing of the Request for Review.
(c) The employee(s), labor union, or Joint
					 Labor-Management Committee who filed the formal complaint which led the
					 Enforcing Agency to issue the Assessment or Notice of Withholding of Contract
					 payments shall be permitted to intervene in a pending review filed by the
					 contractor or subcontractor from the Assessment or Withholding of Contract
					 Payments in question;
provided that
, intervention is sought at
					 or before the first prehearing conference held pursuant to Rule 31 [Section
					 17231] below and there is no good
					 cause to deny the request. Thereafter, any request to intervene by such
					 employee(s), labor union, or Joint Labor-Management Committee shall be treated
					 as a motion for permissive participation as an interested Person under subpart
					 (d) of this Rule.
(d) Any other
					 Person may move to participate as an interested Person in a proceeding in which
					 that Person claims a substantial interest in the issues or underlying
					 controversy and in which that Person's participation is likely to assist and
					 not hinder or protract the hearing and determination of the case by the Hearing
					 Officer and the Director. Interested Persons who are permitted to participate
					 under this Rule shall
not
be regarded as Parties to the
					 proceeding for any purpose, but may be provided notices and the opportunity to
					 present arguments under such terms as the Hearing Officer deems
					 appropriate.
(e) Rights to
					 intervene or participate as an interested party are only in accordance with
					 this Rule. Intervention or permissive participation under this Rule shall not
					 expand the scope of issues under review nor shall it extend any rights or
					 interests which have been forfeited as a result of an Affected Contractor or
					 Subcontractor's own failure to file a timely Request for Review. The Hearing
					 Officer may impose conditions on an intervener's or other interested Person's
					 participation in the proceeding, including but not limited to those conditions
					 specified in Government Code §
											11440.50(c).
(f) No Person shall be required to seek
					 intervention in a review proceeding as a condition for pursuing any other
					 remedy available to that Person for the enforcement of the prevailing wage
					 requirements of Division 2, Part 7, Chapter 1 (starting with section
					 1720) of the Labor Code.
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: Section
						  11440.50(c),
						  Government Code; and Sections
						  1720 et seq.,
						  1741,
						  1742 and
						  1771.6, Labor
						  Code.