California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 15 - Public List of Certain Port Drayage Motor Carriers and Customer Sharing of Liability Under Labor Code Section 2810.4 › Article 2 - Compilation and Maintenance of Public List of Port Drayage Motor Carriers › Section 13878 - Response to Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 port drayage motor carrier that receives notice from the Labor Commissioner's
					 Office regarding potential placement on the public list on the Labor
					 Commissioner's internet webpage must respond within 15 business days from the
					 date of the notice sent by the Labor Commissioner, if the motor carrier
					 believes it should not be placed on the public list of port drayage motor
					 carriers with an unsatisfied final court judgment, tax assessment, or tax
					 lien.
(b) A port drayage motor
					 carrier that does not believe it should be placed on the public list because
					 the judgment, assessment, or lien has been satisfied or settled must present
					 adequate proof that it has satisfied the judgment, assessment, or lien, or
					 entered into an approved settlement agreement dispensing of the judgment,
					 assessment, or lien by submitting the following to the Labor Commissioner's
					 Office:
(1) A written statement declaring
					 under penalty of perjury that the judgment, assessment, or lien has been
					 satisfied or that a settlement agreement dispensing with the judgment has been
					 entered into; and
(2) A copy of any
					 of the following documents that applies. For purposes of this subsection,
					 "conformed copy" is a copy of an official document that was, in fact, filed in
					 a court or administrative case which has a stamp, signature, or other
					 indication on the document reflecting receipt for filing by the court or
					 administrative body.
(A) conformed copy of an
					 Acknowledgment of Full Satisfaction of Judgment form (Judicial Council EJ-100)
					 (Rev. July 1, 2014) or other pleading that indicates full satisfaction of a
					 judgment that is filed in a court case;
(B) an executed release from the judgment
					 creditor approved by the Labor Commissioner's Office;
(C) an executed release or settlement
					 approved by the relevant taxing authority;
(D) a court-approved settlement
					 agreement;
(E) a notarized
					 settlement agreement;
(F) a written
					 settlement agreement signed by an authorized representative of the Labor
					 Commissioner's Office or relevant taxing authority;
(G) evidence of settlement payment, including
					 any installment payment (if applicable) that has been made;
(H) other evidence showing that the port
					 drayage motor carrier has otherwise satisfied the judgment, assessment, or
					 lien; or
(I) a conformed copy of a
					 final ruling, order, opinion, or other written disposition demonstrating that a
					 port drayage motor carrier that is a prior offender prevailed on an appeal of a
					 subsequent non-final judgment, ruling, citation, tax assessment, tax lien,
					 order, decision, or award filed in a court or administrative
					 forum.