California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 4.5 - Compliance Monitoring and Enforcement by Department of Industrial Relations › Article 1 - Notices, Fees, and Fee Waivers › Section 16455 - Fee Waivers; Exemption from Requirements of this Subchapter. [Text Effective January 1, 2012]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 Awarding Body that requests and receives approval from the Director to continue
					 operating a previously approved Labor Compliance Program for every public works
					 project under its authority shall not be subject to the fees, notices, or
					 compliance monitoring provisions of this subchapter, provided that it remains
					 in compliance with the requirements of subchapter 4 (sections
					 16421 through
					 16439) and continues to monitor and
					 enforce compliance on all of its projects, including projects that otherwise
					 would be subject to this subchapter.
(b) An Awarding Body that requests and
					 receives approval from the Director to continue operating a previously approved
					 Labor Compliance Program only for those public works projects under its
					 authority that are subject to the requirements of this subchapter pursuant to
					 subparts (a)(1) and (a)(2) of section
					 16450 above, shall be exempt from
					 the fees due under section
					 16452 above and shall not be
					 subject to the compliance monitoring provisions of Article 2 of this subchapter
					 (commencing with section
					 16460), provided that (1) it has
					 provided the notices required by sections
					 16423(b) and
					 16451 above; (2) it remains in
					 compliance with the requirements of subchapter 4 (sections
					 16421 through
					 16439); and (3) it continues to
					 monitor and enforce compliance on all projects subject to this
					 subchapter.
(c) Notwithstanding
					 subparts (a) and (b), an Awarding Body shall lose its exemption and be subject
					 to the fees and other requirements of this subchapter if the Director
					 determines that the Awarding Body does not meet the conditions for a fee waiver
					 under subpart (a) or (b) above, or is contracting with a third party to conduct
					 its labor compliance program on its projects. However, this subpart shall not
					 be construed as precluding the use of consultants under the following
					 circumstances:
(1) for legal representation or
					 other licensed professional services that are directly related to the operation
					 of the labor compliance program and that require special expertise that is not
					 available among the Awarding Body's own employed staff;
(2) to augment employed staff in the
					 performance of tasks required under section
					 16432 above, provided that the
					 consultants exercise no discretionary authority on behalf of the Awarding Body
					 and are under the direct day-to-day control and supervision of Awarding Body
					 employees who are principally and primarily engaged in performing duties on
					 behalf of the labor compliance program;
(3) for the purpose of reviewing program
					 operations or providing other assistance on a purely advisory basis in which
					 the consultant has no authority to act or withhold action on behalf of the
					 Awarding Body nor the authority to compel, withhold, or delay any action by the
					 Awarding Body; or
(4) for any
					 project or purpose that would not be subject to a fee under this subchapter or
					 require the use of an approved labor compliance program under section
					 16423 above.