California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 11 - Car Washing and Polishing › Section 13691 - Appeal of Citation for Failure to Register

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an employer served with a citation
				  pursuant to Labor Code Section
				  2064 desires to
				  contest the citation or the proposed assessment of the civil fine therefore,
				  he, she, or it must, within 15 business days after issuance of the citation,
				  notify in writing the office of the Labor Commissioner that appears on the
				  citation of his, her, or its request for an informal hearing. The proceeding
				  under this section is an informal hearing conducted in accordance with the
				  adjudication provisions of the Administrative Procedure Act, Chapters 4.5 and 5
				  (commencing with Section
				  11400) of Part 1 of Division 3 of
				  Title 2 of the Government Code. Except as provided in subdivision (b) of this
				  section, the Labor Commissioner, or the deputy or agent he or she appoints as
				  the presiding officer, shall, within 30 calendar days after the Labor
				  Commissioner's receipt of the employer's request for an informal hearing, hold
				  a hearing at the conclusion of which a decision is made and the citation or
				  proposed assessment of a civil fine is either affirmed, modified, or dismissed.
				  The decision of the Labor Commissioner consists of a notice of findings,
				  findings, and order, which shall be served on all parties to the hearing within
				  15 calendar days after the hearing by regular first-class mail at the last
				  known address of the party on file with the Labor Commissioner. Service shall
				  be completed pursuant to Section
				  1013
				  of the California Code of Civil Procedure. Any amount found due by the Labor
				  Commissioner as a result of a hearing is due and payable 45 calendar days after
				  notice of the findings and written findings and order have been mailed to the
				  party assessed. A party who is assessed a fine may take a writ of mandate from
				  the findings to the appropriate superior court, as long as he, she, or it
				  agrees to pay any judgment and costs ultimately rendered by the court against
				  him, her, or it for the assessment. To take a writ of mandate, an aggrieved
				  party shall file the writ within 45 calendar days after service of the notice
				  of findings, findings, and order thereon.
(b) The Labor Commissioner or presiding
				  officer for good cause may extend the 30-calendar day period for holding a
				  hearing described in subdivision (a) of this section. "Good cause" is
				  determined by the Labor Commissioner or presiding deputy.
(c) If findings and the order thereon affirm
				  or modify a citation or the proposed assessment of a civil fine after hearing,
				  a certified copy of the findings and the order may be entered by the Labor
				  Commissioner in the office of the clerk of the superior court in any county in
				  which the employer has property, or in which he, she, or it has or had a place
				  of business. The clerk, immediately upon the filing, shall enter judgment for
				  the state against the employer in the amount shown on the certified
				  order.
(d) A judgment entered
				  pursuant to the procedure described in either subdivision (c) or (i) of this
				  section bears the same rate of interest and has the same effect as other
				  judgments, and is given the same preference allowed by the law on other
				  judgments rendered for claims for taxes.
(e) A cited employer who appeals his, her, or
				  its citation to the Labor Commissioner and fails to appear at the time and
				  place of the hearing is deemed to have withdrawn his, her, or its appeal, and
				  the citation constitutes a final order of the Labor Commissioner and is not
				  subject to administrative review.
(f) Submittal of a written request by an
				  employer for an informal hearing as provided in subdivision (a) of this section
				  stays the time period in which to pay the fine.
(g) If the written request for an informal
				  hearing as provided in subdivision (a) of this section is not submitted in
				  writing to the Labor Commissioner within 15 business days after issuance of a
				  citation, the cited employer is deemed to have waived his, her, or its right to
				  a hearing.
(h) In lieu of
				  contesting a citation, a cited employer may, within 15 business days after
				  issuance of a citation, transmit to the office of the Labor Commissioner
				  designated on the citation, the amount specified for the violation.
(i) If a cited employer does not request a
				  hearing in accordance with subdivision (a) of this section, the Labor
				  Commissioner may file a certified copy of the citation or proposed assessment
				  of civil fine in the office of the clerk of the superior court in any county in
				  which the employer has property, or in which he, she, or it has or had a place
				  of business. The clerk, immediately upon the filing shall enter judgment for
				  the state against the employer in the amount shown on the citation or proposed
				  assessment of civil fine.
1. New
					 section filed 11-22-2005; operative 12-22-2005 (Register 2005, No.
					 47).
Note: Authority cited: Sections
						55,
						59,
						95 and
						98.8, Labor
						Code; and Sections
						11400.20,
						11410.10,
						11410.40,
						11415.10(a),
						11445.10(a)
						and
						11445.20(c) and
						(d), Government Code. Reference: Sections
						226.5 and
						2064, Labor
						Code.