California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 5 - Contractor Nondiscrimination and Compliance › Article 1 - General Matters › Section 11111 - Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Licensed
					 rehabilitation workshops that are contractors of state contracting agencies are
					 exempted from the requirements of this subchapter.
(b) Contracts of less than $5,000 are
					 automatically exempt from the requirements of section
					 11105; contractors holding only
					 such contracts are automatically exempt from the requirements of section
					 11102, but are subject to section
					 11101.
(c) A contractor with fewer than 50 employees
					 in its entire workforce may receive an automatic exemption from the Program
					 requirements of section
					 11103, subdivisions (a)(4)(B)-(C)
					 pertaining to workforce and utilization analyses by filing a current California
					 Employer Information Report (CEIR) annually with OCP. The OCP may remove any
					 exemption granted under this subsection, in connection with any detailed review
					 or any investigation instituted pursuant to section
					 11134 or
					 11135, or whenever the contractor
					 is found to be in substantial noncompliance with the requirements of this
					 subchapter.
(d) Contracts and
					 subcontracts awarded pursuant to a declaration of public emergency, a
					 declaration or determination of emergency pursuant to Government Code section
					 14809 or
					 Government Code section
					 14272(a),
					 (b), or (c), or a declared threat to the
					 health, welfare or safety of the public are fully exempted from the
					 requirements of section
					 11105, and contractors holding only
					 such contracts are exempted from the requirements of section
					 11102, but remain subject to
					 section 11101.
(e) A construction contractor with fewer than
					 50 permanent employees may obtain an exemption from the requirements of section
					 11103, subdivision (a)(4)(B)-(C)
					 pertaining to workforce and utilization analyses by filing a CEIR annually with
					 OCP. The OCP may remove any exemption granted under this subsection, in
					 connection with any detailed review or any investigation instituted pursuant to
					 section 11134 or
					 11135, or whenever the contractor
					 is found to be in substantial noncompliance with the requirements of this
					 subchapter.
(f) Exemptions of
					 subsections (a) and (d) of this section shall be granted only upon application
					 to the state contract awarding agency prior to the date the contract is
					 awarded. The contract awarding agency shall, prior to the grant of any
					 exemption under this section, require proof of satisfaction of the exemption
					 conditions of this section. The OCP may issue opinion letters and guidelines
					 from time to time to assist contact awarding agencies in making determinations
					 under this section.
(g) Nothing in
					 this section prohibits hiring or employment practices, which must be enforced
					 in order to maintain or establish eligibility for federal programs, where
					 ineligibility would result in a loss of federal funds to the state.
1. Change
						without regulatory effect renumbering former section
						8115 to new section
						11111 and amending section filed
						10-3-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 40).
2. New subsection (g) and
						amendment of NOTE filed 12-9-2015; operative 4-1-2016 (Register 2015, No.
						50).
Note: Authority cited: Sections
						  12935(a) and
						  12990(d)
						  Government Code. Reference: Section
						  12990, Government Code; California
						  Constitution, article I, §
													31.