reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 4 - Penalties › Section 15570 - Number of Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Uninsured Employers in Non-Injury Cases.
					 When issuing a one hundred ($100) dollar Penalty Assessment Order against an
					 uninsured employer, the number of employees employed by such employer, and not
					 necessarily those actually working at the time, in non-injury cases shall be
					 ascertained by the Division at the time the Stop Order is served.
(b) Uninsured Employers in Injury Cases.
(1) After the issuance of a final decision of
					 the Workers' Compensation Appeals Board, the Appeals Board shall mail to the
					 uninsured employer and the Division a copy of the final decision and notice of
					 the provisions of Labor Code Sections
					 3710.1 and
					 3722 which
					 require such employer to pay penalties of one hundred ($100) dollars per
					 employee and five hundred ($500) dollars per employee in non-compensable and
					 compensable cases, respectively.
(2) In order to establish the number o
					 employees, such employer shall submit to the Division within ten (10) days
					 after service of the aforementioned documents by the Workers' Compensation
					 Appeals Board, a verified statement of the number of employees in his employ on
					 the date of injury.
(3) If such
					 employer fails to submit to the Division a verified statement indicating the
					 number of employees employed or if the Division disputes the accuracy of such
					 verified statement, on the date of injury the Division shall issue a Penalty
					 Assessment Order using such information regarding the number of such employees
					 as the Division may have or otherwise obtain.
(4) Notice of the Penalty Assessment Order
					 shall be mailed to the employer at his residence or usual place of business by
					 registered or certified mail.
(5)
					 The employer to whom the assessment is directed may file within twenty (20)
					 days after receipt thereof a verified petition in writing, objecting to the
					 assessment and setting forth the grounds for his objection.
(6) If such employer does not file a petition
					 with the Division within said twenty (20) days, such assessment shall become
					 conclusive and the amount thereof shall be due and payable from the employer so
					 assessed to the Division for deposit in the State Treasury to the credit of the
					 Uninsured Employers Fund.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 5 - Stop Order › Section 15571 - When Issued

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where an employer is found to be without workers'
						compensation insurance as required by law, the Division shall issue and serve a
						Stop Order on such employer (1) prohibiting his use of employee labor until he
						acquires coverage and (2) requiring him to pay lost wages to his employees
						affected by the work stoppage, not exceeding ten (10) days' pay, pending
						compliance by such employer.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 5 - Stop Order › Section 15571.5 - When Effective

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Stop Order shall be effective immediately upon service
						and shall remain in effect during any appeal proceedings, unless and until the
						employer acquires workers' compensation coverage.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 5 - Stop Order › Section 15572 - Failure to Observe Stop Order Constitutes Misdemeanor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Such Stop Order shall inform the employer that failure to
						observe same constitutes a misdemeanor, and if the employer is convicted
						thereof, the court is required to impose a mandatory jail sentence in the
						county jail of not less than ten (10) days and a fine of not less than three
						hundred ($300) dollars.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 5 - Stop Order › Section 15573 - Injunctive Relief

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where an uninsured employer fails to comply with a Stop
						Order, the Division may seek injunctive relief from the
						courts.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 6 - Contents of Orders, of Direction to File Verified Statement and of Verified Statement › Section 15574 - Stop Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Stop Order issued and served on the uninsured
						employer pursuant to Labor Code Section
						3710.1 shall
						contain the following information:
(a)
					 The uninsured employer shall cease and desist the use of employee labor until
					 he obtains the required workers' compensation coverage.
(b) Such employer shall be assessed a penalty
					 of one hundred ($100) dollars per employee employed at the time the Stop Order
					 is issued and served for failure to have obtained workers'
					 compensation.
(c) The correct name
					 and legal entity of the employer, the employer's address, the date, the time,
					 the place of issuance, the signature and the name of the official who issues
					 the Stop Order.
(d) The appeal
					 procedure for objecting to a Stop Order.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 6 - Contents of Orders, of Direction to File Verified Statement and of Verified Statement › Section 15575 - Penalty Assessment Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) $50 Penalty Assessment Order. This order,
					 issued pursuant to Labor Code Section
					 3711 shall
					 contain the following information:
(1) The
					 employer has failed to furnish a written statement to the Division stating the
					 name of his workers' compensation insurance carrier.
(2) Failure to furnish such statement within
					 ten (10) days constitutes prima facie evidence of the employer's neglect or
					 failure to comply with the coverage requirements of the law.
(3) The employer, by virtue of the Order, is
					 assessed a penalty of fifty ($50) dollars for such failure.
(4) The correct name and legal entity of the
					 employer, the employer's address, the date, the place of issuance, the
					 signature and the name of the official who issues the order.
(5) The appeal procedure for objecting to
					 this penalty assessment order.
(6)
					 The procedure used by the Division to obtain a judgment against the employer,
					 should he fail to pay the assessment.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 6 - Contents of Orders, of Direction to File Verified Statement and of Verified Statement › Section 15576 - Direction to File Verified Statement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The statement, which shall be mailed to the employer by
						the Workers' Compensation Appeals Board simultaneously with the issuance and
						service of Findings of Fact, Findings and Order or Findings and Award, shall
						contain the following information:
(a)
					 The Workers' Compensation Appeals Board has found the employer to be without
					 the required workers' compensation coverage.
(b) The Division shall assess the employer a
					 penalty of one hundred ($100) dollars or five hundred ($500) dollars per
					 employee at the time of the injury pursuant to Labor Code Sections
					 3710.1 and
					 3722,
					 respectively.
(c) The employer is
					 requested to complete and submit to the Division within ten (10) days the
					 verified statement on the reverse side of the Direction to File Verified
					 Statement indicating the number of employees employed on the date of
					 injury.
(d) The Division may
					 dispute the accuracy of such verified statement.
(e) The Appeal procedure for objecting to the
					 one hundred ($100) dollar injury-related Penalty Assessment Order (Labor Code
					 Section
					 3710.1) and to
					 the five hundred ($500) dollar injury-related Penalty Assessment Order (Labor
					 Code Section
					 3722).
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 6 - Contents of Orders, of Direction to File Verified Statement and of Verified Statement › Section 15577 - Verified Statement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The verified statement, which shall be mailed to the
						employer by the Workers' Compensation Appeals Board simultaneously with the
						issuance of Findings of Fact, Findings and Order or Findings and Award, shall
						be found on the reverse side of the Direction to File Verified Statement and
						shall contain the following information:
(a) That the employer must complete the
					 verified statement and submit the requested information to the
					 Division.
(b) The number of
					 employees in the employer's employ on the date of injury.
(c) A certification under penalty of perjury
					 by the employer that such number is true and correct.
(d) The employer's signature, address and the
					 date and place of execution thereof.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 7 - Service of Stop Order and Penalty Assessment Order › Section 15578 - Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any Stop Order or Penalty Assessment Order under the law
						and pursuant to these regulations issued to and served upon an employer may be
						served as follows:
(a) By delivering a
					 copy of same to the employer if the employers is an individual;
(b) By delivering a copy of same to any
					 general partner of the employer if the employer is a partnership;
(c) By delivering a copy of same to any
					 person specified in Section
					 416.10
					 of the Code of Civil Procedure (specified corporate officers or designated
					 agent) if the employer is a corporation;
(d) By any other manner authorized under the
					 Code of Civil Procedure for the service of process in a civil action.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 8 - Review of Proceedings and Withdrawal Proceedings › Section 15579 - Review of Proceedings to Correct Designation of Legal Entity or Clerical Error

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 During an appeal hearing, a hearing officer may establish the correct legal
					 entity of the employer and may amend any necessary documents to reflect said
					 true legal entity.
(b) The Division
					 may correct a clerical error where such error has been made in an order, or
					 decision until it becomes final to conform with the facts and the intended
					 wording.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 8 - Review of Proceedings and Withdrawal Proceedings › Section 15580 - Withdrawal of Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Division may withdraw a Stop Order or a Penalty
						Assessment Order:
(a) Where
					 investigation indicates the employer had secured the payment of compensation as
					 required by Section
					 3700 of the
					 Labor Code at the time of service of such Orders; or
(b) Where an insured employer responded in
					 writing within the prescribed time to a request to furnish the status of his
					 workers' compensation coverage; or
(c) Where investigation indicates the
					 employer had no employees.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 9 - Appeal Procedures › Section 15581 - Stop Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where an employer objects to a Stop Order and desires a
						hearing thereon, such employer may make an oral or written request for a
						hearing. Upon receipt of such request, the Division shall set the matter for a
						hearing within five (5) days from the date of receipt
						thereof.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 9 - Appeal Procedures › Section 15582 - Penalty Assessment Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An employer may object to a Penalty Assessment Order
						within twenty (20) days after the service of the Order by filing a verified
						petition objecting to said Penalty Assessment Order and setting forth the
						ground(s) for such objections which are as set forth in Section
						15584 of this Article. Upon the
						filing of such petition within the time prescribed, the Division shall set the
						matter for hearing within thirty (30) days thereafter.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 9 - Appeal Procedures › Section 15583 - Grounds of Objection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The grounds of objection are as follows:
(a) The Division acted without or in excess
					 of its jurisdiction;
(b) The Stop
					 Order, Penalty Assessment Orders, or Notice were not properly served;
(c) The correct legal entity is not set forth
					 in the Order or Notice.
(d) The
					 employer was legally insured for workers' compensation;
(e) No employment relationship exists between
					 the worker and the person assessed or enjoined;
(f) The Division committed mistake, error or
					 omission; or
(g) The Division acted
					 arbitrarily, capriciously and in abuse of its discretion.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 9 - Appeal Procedures › Section 15584 - Matters Not Grounds for Objection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following reasons which may be asserted are not
						sufficient or valid grounds for objection:
(a) Ignorance of the law;
(b) The employer's assertion that the
					 workers' compensation insurance premiums are excessive; or
(c) The employer's mistaken belief that he
					 had such insurance.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 10 - Hearing › Section 15585 - Proceedings Under Oath

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All testimony adduced at the hearing shall be taken under
						oath. The hearing officer shall administer such oath.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 10 - Hearing › Section 15586 - Proceedings Shall be Recorded

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any proceedings heard before the Division shall be
						recorded.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 10 - Hearing › Section 15587 - Conduct of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any Party to the hearing is entitled to be heard, to
						present evidence and to cross examine witnesses appearing at the hearing, but
						the Division is not bound by common law or statutory rules of evidence or
						procedure.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 10 - Hearing › Section 15588 - Right to Subpoenas and Subpoenas Duces Tecum

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subpoenas.
Upon request of any party to a hearing on a Penalty
						Assessment Order or Stop Order, the Division may issue subpoenas for the
						attendance of witnesses before the Division at the time and place of hearing.
						Said subpoenas shall be served in the manner provided for serving subpoenas in
						civil actions. The Division shall not issue subpoenas in
						blank.
(b) Subpoenas Duces
					 Tecum.
Upon the request of any party to a hearing on a Penalty
						Assessment Order or Stop Order, accompanied by a declaration of materiality
						thereof in the manner provided for in Section
						1985
						of the Code of Civil Procedure, the Division may issue subpoenas duces tecum
						requiring witnesses or parties to produce any books, documents or other
						materials under their control which they are bound by law to produce at the
						time and place of hearing. Subpoenas duces tecum served hereunder shall be
						served as provided therefor in civil actions.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 10 - Hearing › Section 15589 - Custody of Papers Filed with the Division

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Books, documents and other materials admitted into
						evidence may be withdrawn only on condition that an exact copy of any such
						books, documents or other materials sought to be removed, be offered in
						evidence in lieu thereof. In such event, there shall be made on the face of any
						such copy so admitted, a notation that the same is identical to the original
						withdrawn, and such notation shall be dated and signed by both the employer and
						the hearing officer.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 10 - Hearing › Section 15590 - Decision of the Division

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Stop Order. At the conclusion of a hearing on a Stop Order, the Division shall
					 immediately affirm or dismiss said Stop Order. In addition, the Division shall
					 issue and serve on any party to the hearing by registered or certified mail a
					 written Notice of Findings and Findings within twenty-four (24) hours after the
					 conclusion of such hearing.
(b)
					 Penalty Assessment Order. The decision of the Division on any Penalty
					 Assessment Order shall consist of Notice of Findings and written Findings which
					 shall be served on any party to the hearing by registered or certified mail
					 within fifteen (15) days after said hearing.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 11 - Writ of Review › Section 15591 - Employer's Right to Writ of Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An employer, upon receipt of Findings affirming or
						modifying any Penalty Assessment Order may file a Writ of Review from any such
						Findings to the appropriate superior court upon the execution by such employer
						of a bond to the State in double the amount so found due and ordered paid by
						such employer conditioned that such employer will pay any judgment and costs
						rendered against him for such assessment.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 12 - Special Judgment Procedure as to Penalty Assessment Orders › Section 15592 - Procedures After Hearing or in the Absence of a Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where a hearing has been held and Notice
					 of Findings and Findings have been issued and served on the uninsured employer,
					 and after ten (10) days have expired since the issuance and service thereof,
					 certified copies of the Penalty Assessment Order and the Findings shall be
					 filed with the Judgment (Special) for the Uninsured Employers Fund with the
					 clerk of the superior court who shall enter a judgment in favor of the Director
					 of Industrial Relations as Administrator of the Uninsured Employers Fund, and
					 against the uninsured employer in the amount shown on the Findings unless a
					 Writ of Review has been filed within the said ten (10)-day period.
(b) Where a petition objecting to a Penalty
					 Assessment Order has not been filed, a hearing has not been held and twenty
					 (20) days have expired since the issuance and service of the Penalty Assessment
					 Order, a certified copy of the Penalty Assessment Order may be filed with the
					 Judgment (Special) for the Uninsured Employers Fund with the clerk of the
					 superior court who shall enter a judgment in favor of the Director of
					 Industrial Relations, as Administrator of the Uninsured Employers Fund, and
					 against the uninsured employer in the amount shown on the assessment
					 order.
(c) Upon the entry of a
					 Special Judgment by the clerk of the superior court under Section
					 15592 (a) and (b)
					 a Notice of Entry of Judgment (Special) for the Uninsured Employers Fund shall
					 be filed and served upon the employer by regular first-class mail.
(d) After full payment has been made of a
					 Judgment (Special) for the Uninsured Employers Fund, an Acknowledgment of Full
					 Satisfaction of Judgment may be filed with the clerk of the superior
					 court.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 12 - Special Judgment Procedure as to Penalty Assessment Orders › Section 15593 - Procedures Subsequent to Entry of Judgment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After a Judgment (Special) has been entered and Notice of
						Entry of such Judgment has been mailed to the employer and he has failed or
						refused to pay such judgment, the Division may obtain a writ of execution
						thereon.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 14 - Penalty Liens › Section 15594 - Recording of Penalty Lien

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the employer has failed to secure the payment of
						compensation, the Division shall file with the county recorder of any county in
						which such employer's property may be located, a certificate of the amount of
						penalty due from such employer and such amount shall be a lien in favor of the
						Division from the date of such filing against the real property and personal
						property of the employer within the county in which such certificate is filed
						in accordance with Labor Code Section
						3727.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 14 - Penalty Liens › Section 15595 - Cancellation of Penalty Lien

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon payment of the penalty assessment and upon the
						employer's request, the Division shall issue a certificate of cancellation of
						penalty assessment which may be recorded by the employer at his
						expense.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.05 - Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements › Article 15 - Notice of Right to Benefits › Section 15596 - Notice of Employee's Right to Workers' Compensation Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Employers shall
					 notify, orally or in writing, every new employee, either at the time the
					 employee is hired or by the end of his first pay period, of the employee's
					 right to receive workers' compensation benefits should he be injured on the job
					 at any time while in such employer's employ.
(b) Employers who need not give such notice
					 are owners or occupants of residential dwellings whose employees perform duties
					 which are incidental to the ownership, maintenance or use of the dwelling,
					 including the care and supervision of children or whose duties are personal and
					 not in the course of the trade, business, profession or occupation of such
					 owner or occupant if such employees are employed for less than fifty-two (52)
					 hours during a ninety (90)-day period and earn less than one hundred ($100)
					 dollars.
Note: Authority cited: Sections
						  55 and
						  3710, Labor
						  Code. Reference: Sections
						  3700,
						  3710,
						  3710.1,
						  3710.2,
						  3711,
						  3712,
						  3713,
						  3714,
						  3718,
						  3722,
						  3723,
						  3725,
						  3726 and
						  3727, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.06 - Workers' Compensation-Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment, Subsequent Injuries Benefits Trust Fund Assessments, Labor Enforcement and Compliance Fund Assessment, Occupational Safety and Health Fund Assessment, and Fraud Surcharge › Article 2 - Determination of Assessments and/or Surcharge › Section 15601.5 - Ascertainment of State Fraud Investigation and Prosecution Surcharge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On or before September 1 of each year, the Director shall
						ascertain from the Fraud Assessment Commission the aggregate amount of the
						surcharge to be assessed.
The aggregate amount of the surcharge shall be allocated
						between insured and self-insured employers by applying the same proportional
						allocation and collection methodology as used to collect the Workers'
						Compensation Administration Revolving Fund Assessment.
1. New
						section filed 1-15-93 as an emergency; operative 1-15-93 (Register 93, No. 3).
						A Certificate of Compliance must be transmitted to OAL 5-17-93 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 1-15-93 order transmitted to
						OAL 5-10-93 and filed 6-16-93 (Register 93, No. 25).
3. Amendment of
						NOTE filed 9-6-94 as an emergency; operative 9-6-94 (Register 94, No. 36). A
						Certificate of Compliance must be transmitted to OAL by 1-4-95 or emergency
						language will be repealed by operation of law on the following
						day.
4. Certificate of Compliance as to 9-6-94 order including
						amendment of NOTE transmitted to OAL 12-30-94 and filed 2-15-95 (Register 95,
						No. 7).
Note: Authority cited: Sections
						  54 and
						  55, Labor Code.
						  Reference: Section
						  62.6, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.06 - Workers' Compensation-Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment, Subsequent Injuries Benefits Trust Fund Assessments, Labor Enforcement and Compliance Fund Assessment, Occupational Safety and Health Fund Assessment, and Fraud Surcharge › Article 2 - Determination of Assessments and/or Surcharge › Section 15601.6 - Determination of Targeted Inspection Assessment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-6-94 as an emergency; operative 9-6-94 (Register 94, No. 36). A
						Certificate of Compliance must be transmitted to OAL by 1-4-95 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 9-6-94 order including
						amendment of subsections (b)-(c) and repealer of subsection (d) transmitted to
						OAL 12-30-94 and filed 2-15-95 (Register 95, No. 7).
3. Repealer
						filed 11-14-95 as an emergency; operative 12-1-95 (Register 95, No. 46). A
						Certificate of Compliance must be transmitted to OAL by 3-30-96 or emergency
						language will be repealed by operation of law on the following
						day.
4. Certificate of Compliance as to 11-14-95 order transmitted
						to OAL 3-29-96 and filed 5-8-96 (Register 96, No.
						19).
Note: Authority cited: Sections
						  54,
						  55,
						  62.5,
						  62.6 and
						  62.7, Labor
						  Code. Reference: Section
						  62.7, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.06 - Workers' Compensation-Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment, Subsequent Injuries Benefits Trust Fund Assessments, Labor Enforcement and Compliance Fund Assessment, Occupational Safety and Health Fund Assessment, and Fraud Surcharge › Article 2 - Determination of Assessments and/or Surcharge › Section 15601.8 - Determination of Insured Employers' Payroll and Premium Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On or before September 1 of each year, the Director shall
						request that the Department of Insurance direct the designated licensed rating
						organization to provide the Director with a statement for each insurer
						authorized to transact workers' compensation insurance in the state of
						California showing the total payroll and premium generated by that insurer on
						policies subject to an experience modification of 1.25 or more for the most
						recent policy year available.
1. New
						section filed 9-6-94 as an emergency; operative 9-6-94 (Register 94, No. 36). A
						Certificate of Compliance must be transmitted to OAL by 1-4-95 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 9-6-94 order including
						amendment of section transmitted to OAL 12-30-94 and filed 2-15-95 (Register
						95, No. 7).
Note: Authority cited: Sections
						  54,
						  55 and
						  62.7, Labor
						  Code. Reference: Section
						  62.7, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.06 - Workers' Compensation-Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment, Subsequent Injuries Benefits Trust Fund Assessments, Labor Enforcement and Compliance Fund Assessment, Occupational Safety and Health Fund Assessment, and Fraud Surcharge › Article 2 - Determination of Assessments and/or Surcharge › Section 15602 - Allocation of Revolving Fund Assessment, Subsequent Injuries Fund Assessment, Labor Enforcement and Compliance Fund Assessment, Occupational Safety and Health Fund Assessment, Uninsured Employers Fund Assessment, and/or Fraud Surcharge Among Insured and Self-Insured Employers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Not later than November 1 of each year,
					 the Director shall determine the proportional payroll allocation factors to use
					 to determine the total insured employer Revolving Fund Assessment, Subsequent
					 Injuries Fund Assessment, Labor Enforcement and Compliance Fund Assessment,
					 Occupational Safety and Health Fund Assessment, Uninsured Employers Fund
					 Assessment, and Fraud Surcharge, and the total self-insured employer Revolving
					 Fund Assessment, Subsequent Injuries Fund Assessment, Labor Enforcement and
					 Compliance Fund Assessment, Occupational Safety and Health Fund Assessment,
					 Uninsured Employers Fund Assessment, and Fraud Surcharge as follows:
(1) The aggregate payroll of all insured
					 employers shall be determined from payroll information provided by the
					 Department of Insurance's designated licensed rating organization for the most
					 recent period available.
(2) The
					 aggregate payroll of all self-insured employers shall be determined from
					 payroll information provided by the Office of Self-Insurance Plans of the
					 Department of Industrial Relations excluding payroll of insured employees of
					 the State of California for the most recent base year available.
(3) The total payroll information shall then
					 be determined by combining the most recent insured employer payroll with the
					 most recent self-insured employer payroll.
(4) The insured employer proportional payroll
					 allocation factor shall be determined by dividing the insured employer payroll
					 by the total combined payroll.
(5)
					 The self-insured employer proportional payroll allocation factor shall be
					 determined by dividing the self-insured employer payroll by the total combined
					 payroll. The self-insured employer payroll shall not include that portion of
					 the State of California's payroll which was covered by a policy of
					 insurance.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.06 - Workers' Compensation-Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment, Subsequent Injuries Benefits Trust Fund Assessments, Labor Enforcement and Compliance Fund Assessment, Occupational Safety and Health Fund Assessment, and Fraud Surcharge › Article 2 - Determination of Assessments and/or Surcharge › Section 15603.5 - Determination of Targeted Inspection and Consultation Assessment Factors. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-6-94 as an emergency; operative 9-6-94 (Register 94, No. 36). A
						Certificate of Compliance must be transmitted to OAL by 1-4-95 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 9-6-94 order including
						amendment of section and NOTE transmitted to OAL 12-30-94 and filed 2-15-95
						(Register 95, No. 7).
3. Repealer filed 11-14-95 as an emergency;
						operative 12-1-95 (Register 95, No. 46). A Certificate of Compliance must be
						transmitted to OAL by 3-30-96 or emergency language will be repealed by
						operation of law on the following day.
4. Certificate of Compliance
						as to 11-14-95 order transmitted to OAL 3-29-96 and filed 5-8-96 (Register 96,
						No. 19).
Note: Authority cited: Sections
						  54,
						  55 and
						  62.7, Labor
						  Code. Reference: Section
						  62.7, Labor
						  Code.