California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 13 - Janitorial Registration and Training › Article 4 - Denial of Registration; Suspension and Revocation › Section 13815 - Failure to File Notice of Defense; Discovery; Notice of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The respondent
					 shall be entitled to a hearing on the merits if the respondent files a timely
					 notice of defense, and the notice shall be deemed a specific denial of all
					 parts of the accusation or statement of issues not expressly
					 admitted.
(b) If the respondent
					 either fails to file a notice of defense or to appear at the hearing, the Labor
					 Commissioner may take action based upon the respondent's express admissions or
					 upon other evidence; declarations may be used as evidence without any notice to
					 respondent; and, where the burden of proof is on the respondent to establish
					 that the respondent is entitled to the issuance or renewal of a registration,
					 the Labor Commissioner may proceed by default without scheduling a hearing or
					 taking evidence.
(c) The provisions
					 of Government Code section
					 11507.6
					 provide the exclusive right to and method of discovery for any proceeding to
					 deny an application for registration or to revoke or suspend a registration. A
					 party shall have 20 days from the date of the mailing of the request for
					 discovery to provide the requested discovery to the requesting party. Any party
					 claiming non-compliance with a discovery request made under this section may
					 file with the hearing officer a motion to compel discovery. Any such motion
					 shall be served upon the party from whom discovery is sought within 15 days of
					 that party's failure or refusal to provide the discovery. The party against
					 whom discovery is sought may file a written response to the motion within 10
					 days of service of the motion. The motion may be decided with or without a
					 hearing, at the discretion of the hearing officer. The order denying the
					 motion, or granting the motion in whole or in part, shall be in
					 writing.
(d) A respondent's failure
					 to produce records that are required to be maintained to substantiate
					 compliance under Division 2, Part 4.2 of the Labor Code pursuant to a request
					 by the Labor Commissioner shall be subject to the provisions set forth under
					 Labor Code section
					 1174.1.
(e) The Labor Commissioner shall deliver or
					 mail a notice of hearing to all parties at least 10 days prior to the hearing.
					 The notice of hearing shall be in substantially the same form as set forth at
					 Government Code section
					 11509 and
					 shall include notice of the right to request an interpreter for a party or
					 witness who cannot proficiently speak or understand English.
1. New
						section filed 7-1-2020; operative 7-15-2020 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2020, No. 27). (Filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-66-20.)
Note: Authority cited: Section
						  1422, Labor
						  Code. Reference: Section
						  1428, Labor
						  Code.