California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 4 - Electrician Certification › Section 293.0 - Denial, Suspension, or Revocation of Certification; Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Chief DAS
				  may for good cause deny certification to an applicant. Good cause shall exist
				  when the applicant does not satisfy the requirements of Section
				  291.1 or has failed the
				  certification examination. The Chief DAS shall provide the applicant with
				  written notice of the denial at the address shown on the application for
				  certification or other address known to the DAS.
(b) The Chief DAS may for good cause and
				  after notice and, if requested, a hearing, suspend or revoke the certification
				  of a person certified pursuant to this Subchapter. Good cause shall be deemed
				  to exist if the person certified has committed gross negligence or fraud, or
				  engaged in repeated acts of negligence during the performance of activities
				  subject to the certification or if the person obtained certification through
				  mistake, misrepresentation or fraud.
(c) For suspension or revocation of a
				  certification, notice of the intention to suspend or revoke the certification
				  shall be given in writing and served upon the person certified. Service shall
				  be by personal service or certified mail to the person's address as shown on
				  the certification application or other address known to the DAS. The notice
				  shall specify the reasons for the action proposed to be taken by the DAS and
				  the applicant's right to request a hearing.
(d) Any applicant may appeal the denial of
				  certification to the Chief DAS. The appeal shall be in writing and made within
				  30 days of service of the denial. The applicant shall have the burden of
				  establishing that he/she qualifies for certification. The Chief DAS shall rule
				  on the appeal, and shall have discretion to hold a hearing on the appeal before
				  the Chief DAS or his or her authorized representative prior to the ruling. Any
				  hearing must commence within 90 days after the DAS receives the appeal of the
				  denial of certification. The ruling shall be in writing and shall be sent to
				  the applicant within 90 days after the DAS receives the appeal, or within 90
				  days after the last day of hearing, whichever is later. The decision of the
				  Chief DAS shall be final, except for judicial review provided by law.
(e) An individual served with notice of the
				  intention of the Chief DAS to suspend or revoke his or her certification may
				  request a hearing with the Director by filing a written request for hearing
				  with the Director within 30 days of service of the notice. Where no timely
				  request for hearing has been made, the effective date of the suspension or
				  revocation is deemed the 31st day following service of the notice of intention.
				  The Director shall schedule a hearing before the Director or his or her
				  authorized representative within 90 days after the Director receives the
				  request for hearing. Following the hearing, the Director shall issue a written
				  ruling that shall be sent to the appellant within 90 days after the last day of
				  hearing. The decision of the Director shall be final except for judicial review
				  provided by law.
1. New
					 section filed 7-30-2002; operative 8-29-2002 (Register 2002, No.
					 31).
2. Amendment of subsections (d) and (e) filed 2-9-2006;
					 operative 3-11-2006 (Register 2006, No. 6).
Note: Authority cited: Section
						3099, Labor
						Code. Reference: Section
						3099, Labor
						Code.