California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 10 - Registration of Employers, Transporters, and Supervisors of Minors Engaged in Door-to-Door Sales › Section 13676.1 - Hearings to Revoke or Suspend a Registration or Deny an Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Before revoking or suspending a registration or denying an
					 application for registration, the Labor Commissioner shall notify the
					 registrant in writing and shall provide an opportunity for hearing in
					 accordance with the following procedures:
(a) Revocation or suspension proceedings
				  shall be initiated by the Labor Commissioner by filing an accusation. Denial
				  proceedings shall be initiated by the Labor Commissioner by filing a statement
				  of issues. The accusation or statement of issues, along with a blank notice of
				  request for hearing and a copy of this Section
				  13676.1, shall be served on the
				  registrant or applicant either personally or by certified mail.
(b) The registrant or applicant may request a
				  hearing by filing a notice of request for hearing with the Labor Commissioner
				  within fifteen (15) calendar days after service of the accusation or statement
				  of issues. If service of the accusation or statement of issues was by certified
				  mail, the period for filing a notice of request for hearing shall be extended
				  in accordance with the provision of Section
				  1013
				  of the Code of Civil Procedure. Failure to file a notice of request for hearing
				  within said time shall constitute a waiver of the right to a hearing.
(c) A hearing shall be held within sixty (60)
				  calendar days of the filing of a timely notice of request for hearing. The
				  Labor Commissioner shall assign a hearing officer to conduct the hearing and
				  shall deliver or mail to all parties a notice of hearing at least ten (10)
				  calendar days prior to the hearing.
(d) Prior to a hearing, upon the application
				  of any party to the proceedings, the hearing officer may issue subpoenas to
				  compel the attendance of necessary witnesses and the production of books,
				  papers, and documents. In the exercise of sound discretion, the hearing officer
				  may decline to issue a subpoena absent satisfactory evidence that the witness
				  will be able to give necessary and competent testimony that is material to the
				  issues or in order to limit the introduction of unduly repetitive
				  evidence.
(e) Each party to a
				  hearing shall have the right to appear in person or by counsel; to call and
				  examine witnesses and cross-examine opposing witnesses on any matter relevant
				  to the issues, even though that matter was not covered in the direct
				  examination; to impeach any witness regardless of which party first called the
				  witness to testify; to rebut the evidence against him or her; and to introduce
				  documentary exhibits and other evidence. Oral evidence shall be taken only on
				  oath or affirmation.
(f) The Labor
				  Commissioner shall record the hearing on audio tape. A party may have the
				  hearing transcribed by a court reporter if a copy of the transcription is
				  provided to the Labor Commissioner at no charge.
(g) The hearing need not be conducted
				  according to the technical rules of evidence. Any relevant evidence shall be
				  admitted if it is the sort of evidence on which a responsible person is
				  accustomed to rely in the conduct of serious affairs, regardless of the
				  existence of any common law or statutory rule which might make improper the
				  admission of such evidence over objection in a civil action. Hearsay evidence
				  may be used to supplement or explain other evidence, but shall not of itself be
				  sufficient to support a finding.
(h) The hearing officer in exercising sound
				  discretion, may control the order of presentation of evidence at the hearing,
				  keep out repetitive and cumulative evidence, and otherwise rule on the
				  evidence.
(i) Within forty-five
				  (45) calendar days of closing the hearing record, the hearing officer shall
				  issue a written proposed decision and transmit that proposed decision to the
				  Labor Commissioner for review. The proposed decision shall set forth the
				  findings of fact and legal grounds upon which the proposed decision is based.
				  Within fifteen (15) calendar days of the issuance of the proposed decision, the
				  Labor Commissioner shall issue, and serve upon all parties along with a copy of
				  the proposed decision, a final decision, either adopting, modifying or
				  rejecting the hearing officer's proposed decision. A final decision modifying
				  or rejecting the proposed decision shall set forth the grounds
				  therefor.
(j) A registrant or
				  applicant may seek review of the Labor Commissioner's final decision by filing
				  a petition for a writ of mandate with the appropriate court pursuant to Section
				  1094.5
				  of the Code of Civil Procedure.
1. New
					 section filed 7-23-98; operative 8-22-98 (Register 98, No.
					 30).
Note: Authority cited: Sections
						54,
						55,
						59,
						1311 and
						1398, Labor
						Code. Reference: Sections
						1286,
						1308.1,
						1308.2,
						1308.3 and
						1308.4, Labor
						Code.