California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 4 - Labor Compliance Programs › Article 2 - Approval and Revocation of Approval of Labor Compliance Programs by Director › Section 16427 - Extended Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Awarding Body or third party entity
					 which has operated a Labor Compliance Program with active enforcement
					 responsibilities for at least three consecutive years after initial approval
					 may apply to the Director for extended authority. The applicant must have a
					 record of submitting and obtaining approvals of forfeitures pursuant to section
					 16437 of these regulations and
					 bears the burden of producing evidence that it meets the criteria in subpart
					 (b) below.
(b) The Director may
					 grant extended authority to an applicant that has satisfactorily demonstrated
					 its understanding of and ability to monitor and enforce compliance with the
					 requirements of the Labor Code and these regulations, and that has filed
					 timely, complete, and accurate reports as required by these
					 regulations.
(c) The Director shall
					 notify the applicant within 90 days of the receipt of a request for extended
					 authority that the request is granted and the effective date of and extent of
					 any extended authority that is granted, or that the request is denied and the
					 reason for the denial.
(d) A Labor
					 Compliance Program with extended authority may enter into an agreement with the
					 Labor Commissioner providing for different procedures for securing approval of
					 forfeitures than those set forth in section
					 16437 below.
(e) Any Labor Compliance Program with final
					 approval on the effective date of the amendments changing "final approval" to
					 "extended authority" shall automatically be converted to the status of having
					 "extended authority." The Director will maintain a list of Labor Compliance
					 Programs with extended authority, for distribution to interested parties upon
					 request. The Director may agree to alternative reporting formats under section
					 16431 of these regulations for such
					 programs, and shall maintain a list of interested parties who wish notification
					 of alternative reporting formats before adoption.
(f) For good cause, which shall include but
					 not be limited to the failure within a three year period to request and obtain
					 any approvals of forfeitures pursuant to section
					 16437 of these regulations, the
					 Director may withdraw a program's Extended Authority.
1. New
						section filed 2-20-92; operative 3-23-92 (Register 92, No. 13).
2.
						Amendment filed 10-19-2004; operative 11-18-2004 (Register 2004, No.
						43).
3. Amendment of section heading, section and NOTE filed
						12-22-2008; operative 1-21-2009 (Register 2008, No. 52).
4.
						Amendment of subsections (a) and (b) and new subsection (f) filed 6-29-2010;
						operative 8-1-2010 pursuant to Government Code section
						11343.4(b)
						(Register 2010, No. 27).
Note: Authority cited: Section
						  1773.5, Labor
						  Code. Reference: Section
						  1771.5, Labor
						  Code.