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 3 - Reports and Audits › Section 16431 - Annual Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Labor Compliance Program shall submit to the Director an annual report on
					 its operation by no later than August 31 of each year. The annual report shall
					 cover the twelve month period commencing on July 1 of the preceding calendar
					 year and ending on June 30 of the year in which the report is due. For good
					 cause, the Director may authorize a Labor Compliance Program to use a different
					 reporting period and provide for the annual report to be due no later than 60
					 days following the close of that reporting period. For a Labor Compliance
					 Program approved prior to July 1, 2009, the Director may require the filing of
					 an interim or supplmental report to cover any gap between the reporting period
					 prescribed under former subpart (d) of this section prior to August 1, 2010 and
					 subpart (a).
(b) The annual report
					 shall be made on the appropriate form [LCP-AR1, LCP-AR2, or LCP-AR3], for the
					 type of Labor Compliance Program that is submitting the report, unless the
					 Director has agreed to a different reporting format for a Program that has been
					 granted extended authority under section
					 16427 above. A third party Labor
					 Compliance Program that contracted with more than one Awarding Body or Joint
					 Powers Authority during the annual reporting period shall separately report on
					 Labor Code Section
					 1771.5(b)
					 enforcement activities for each Awarding Body or Joint Powers Authority covered
					 by the report.
(c) The Annual
					 Report for a person or entity operating a third party Labor Compliance Program
					 shall also include (1) a certification of compliance with conflict of interest
					 disclosure requirements by employees and consultants who participate in making
					 governmental decisions, as defined under Title 2, California Code of
					 Regulations, section
					 18701, and (2) a current statement
					 disclosing the information required under section
					 16426(a)(2), (3) and
					 (5) above.
(d) Information in the Annual Report shall be
					 reported in sufficient detail to afford a basis for evaluating the scope and
					 level of enforcement activity of the Labor Compliance Program. An annual report
					 shall also include such additional information as the Labor Compliance Program
					 may be required to report as a condition of its approval.
(e) A Labor Compliance Program that has
					 ceased operating, either due to the voluntary termination of its program or the
					 revocation of its approval by the Director, shall file a closing annual report
					 within sixty (days) following its last day of operation as an approved
					 program.
1. New
						section filed 2-20-92; operative 3-23-92 (Register 92, No. 13).
2.
						Amendment relocating and amending article 3 heading that formerly preceded
						section 16429 to new placement preceding
						section 16431 and amendment of section
						filed 10-19-2004; operative 11-18-2004 (Register 2004, No. 43).
3.
						Relocation of article 3 heading from preceding section
						16431 to preceding section
						16430, amendment of section and new
						forms LCP-AR1, LCP-AR2 and LCP-AR3 filed 12-22-2008; operative 1-21-2009
						(Register 2008, No. 52).
4. Amendment of section and NOTE 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.