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 11100 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The words defined in this section shall have the meanings
						set forth below whenever they appear in this subchapter, unless:
(1) the context in which they are used
					 clearly requires a different meaning; or
(2) a different definition is prescribed for
					 a particular article or provision.
The definitions set forth previously in this chapter in
						sections 11002,
						11008,
						11015,
						11030,
						11035(b),
						11053,
						11065, and
						11075 are also applicable to this
						subchapter.
(a) "Act" means the Fair
					 Employment and Housing Act.
(b)
					 "Bid" means any proposal or other request by an employer to a contract awarding
					 agency wherein the employer seeks to be awarded a state contract.
(c) "Business" means any corporation,
					 partnership, individual, sole proprietorship, joint stock company, joint
					 venture, or any other legal entity.
(d) "Construction" means the process of
					 building, altering, repairing, improving, or demolishing any public structure
					 or building, or other public improvements of any kind to any State of
					 California real property. It does not include the routine operation, routine
					 repair, or routine maintenance of existing structures, buildings, or real
					 property.
(e) "Contract" or "state
					 contract" means all types of agreements, regardless of what they may be called,
					 for the purchase or disposal of supplies, services, or construction to which a
					 contract awarding agency is a party. It includes awards and notices of award;
					 contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type;
					 contracts providing for the issuance of job or task orders. It also includes
					 supplemental agreements or contract modifications with respect to any of the
					 foregoing.
(f) "Contract awarding
					 agency" or "awarding agency" means any department, agency, board, commission,
					 division or other unit of the State of California, which is authorized to enter
					 into state contracts.
(g)
					 "Contractor" means any person having a contract with a contract awarding agency
					 or a subcontract for the performance of a contract with such an
					 agency.
(h) "Data" means recorded
					 information, regardless of form or characteristic.
(i) "Decertification" means the decision by
					 the Office of Compliance Programs (OCP) that an employer's nondiscrimination
					 program fails to comply with the requirements of the Fair Employment and
					 Housing Act and/or its implementing regulations either because it is poorly
					 designed or because it has not been properly implemented or because of the
					 person's failure to cooperate with OCP it cannot be determined whether the
					 nondiscrimination program meets the requirements of this subchapter.
					 Decertification of a program shall continue until OCP certifies that the
					 contractor is in compliance with the requirements of this subchapter.
(j) "Decision" means the decision of the
					 hearing officer regarding the allegations of a show cause notice issued
					 pursuant to section
					 10255 of this division. A decision
					 shall dismiss, modify, or sustain the allegations of the show cause notice;
					 provide the factual basis for the decision; and include any sanctions to be
					 recommended to the awarding agency together with a statement of the reasons in
					 support thereof.
(k) "Employee"
					 means an individual under the direction and control of a contractor under any
					 appointment or contract of hire or apprenticeship, express or implied, oral or
					 written.
(l) "May" denotes the
					 permissive.
(m) "Nondiscrimination
					 clause" means the clause to be included in each state contract or subcontract
					 pursuant to these regulations.
(n)
					 "Person" means any business, individual, union, committee, club, or other
					 organization or group of individuals.
(o) "Prime contractor" means any individual
					 or organization who directly contracts with the State of California.
(p) "Service" and "supply contract" includes
					 any contract except a construction contract.
(q) "Services" means the furnishing of labor,
					 time, or effort by a contractor, not involving the delivery of a specific end
					 product other than reports that are merely incidental to the required
					 performance. This term shall not include collective bargaining agreements or
					 arrangements between parties constituting that of employer and
					 employee.
(r) "Shall" denotes the
					 imperative.
(s) "Subcontract" means
					 any agreement or arrangement executed by a contractor with a third party in
					 which the latter agrees to provide all or a specified part of the supplies,
					 services or construction required in the original state contract. This does not
					 include arrangements between parties constituting that of employer and
					 employee.
(t) "Subcontractor" means
					 any individual or organization holding a subcontract for the performance of all
					 or any part of a state contract.