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 6 - Prevailing Wage Hearings › Article 2 - Assessment or Notice and Request for Review › Section 17227 - Early Disposition of Untimely Assessment, Withholding, or Request for Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Upon the application of any Party or upon his or her own motion, the appointed
					 Hearing Officer may issue an Order to Show Cause why an Assessment, a
					 Withholding of Contract Payments, or a Request for Review should not be
					 dismissed as untimely under the relevant statute.
(b) An Order to Show Cause issued under
					 subpart (a) of this Rule shall be served on all Parties who have appeared or
					 been served with any prior notice in the matter and shall provide the Parties
					 with at least 10 days to respond in writing to the Order to Show Cause and an
					 additional 5 days following the service of such responses to reply to any
					 submission by any other Party. Evidence submitted in support or opposition to
					 an Order to Show Cause shall be by affidavit or declaration under penalty of
					 perjury. There shall be no oral hearing on an Order to Show Cause issued under
					 this Rule unless requested by a Party or by the Hearing Officer.
(c) After the time for submitting responses
					 and replies to the Order to Show Cause has passed or after the oral hearing, if
					 any, the Hearing Officer may do one of the following:
(1) recommend that the Director issue a
					 decision setting aside the Assessment or Withholding of Contract Payments or
					 dismissing the Request for Review as untimely under the statute;
(2) find the Assessment, Withholding, or
					 Request for Review timely and direct that the matter proceed to hearing on the
					 merits; or
(3) reserve the
					 timeliness issue for further consideration and determination in connection with
					 the hearing on the merits.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 2 - Assessment or Notice and Request for Review › Section 17228 - Finality of Assessment or of Withholding of Contract Payments when NO Timely Request for Review is Filed; Authority of Awarding Body to Disburse Withheld Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Upon the failure of an Affected Contractor or Subcontractor to file a timely
					 Request for Review under Labor Code section
					 1742(a)
					 and Rule 22(a) [Section
					 17222(a)] above,
					 the Assessment or Notice of Withholding of Contract Payments shall become a
					 "final order" as to the Affected Contractor or Subcontractor that the Labor
					 Commissioner may certify and file with the superior court in accordance with
					 Labor Code section
					 1742(d).
(b) Where an Assessment or Notice of
					 Withholding of Contract Payments has become final as to at least one but not as
					 to every Affected Contractor or Subcontractor, the Awarding Body shall continue
					 to withhold and retain the amounts required to satisfy any wages and penalties
					 at stake in a review proceeding initiated by any other Affected Contractor or
					 Subcontractor until there is a final order in that proceeding that is no longer
					 subject to judicial review.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Sections
						  1727,
						  1742 and
						  1771.6, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 2 - Assessment or Notice and Request for Review › Section 17229 - Finality of Notice of Withholding of Contract Payments; Authority of Awarding Body to Recover Additional Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where a Notice of Withholding of Contract Payments seeks
						to recover wages, penalties, or damages in excess of the amounts withheld from
						available contract payments (
see
Rule 20(b)(2) [Section
						17220(b)(2)]
						above), an Awarding Body may recover any excess amounts that become or remain
						due when the Notice of Withholding of Contract Payments has become final under
						Labor Code section
						1771.6. To
						recover the excess amounts, the Awarding Body shall transmit to the Labor
						Commissioner the Notice together with any decision of the Director or court
						that has become final and not subject to further review. The Labor Commissioner
						in turn shall certify and file the final order with the superior court in
						accordance with Labor Code section
						1742(d).
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Sections
						  1742(d)
						  and
						  1771.6, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 3 - Prehearing Procedures › Section 17231 - Prehearing Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the application of any Party or upon
					 his or her own motion, the appointed Hearing Officer may conduct a prehearing
					 conference for any purpose that may expedite or assist the preparation of the
					 matter for hearing or the disposition of the Request for Review. The prehearing
					 conference may be conducted by telephone or other means that is convenient to
					 the Hearing Officer and the Parties.
(b) The Hearing Officer shall provide
					 reasonable advance notice of any prehearing conference conducted pursuant to
					 this Rule. The Notice shall advise the Parties of the matters which the Hearing
					 Officer intends to cover in the prehearing conference, but the failure of the
					 Notice to enumerate some matter shall not preclude its discussion or
					 consideration at the conference.
(c) With or without a prehearing conference,
					 the Hearing Officer may issue such procedural Orders as are appropriate for the
					 submission of evidence or briefs and conduct of the hearing, consistent with
					 the substantial rights of the affected Parties.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  11511.5,
						  Government Code; and Section
						  1742(b),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 3 - Prehearing Procedures › Section 17232 - Consolidation and Severance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Hearing Officer may consolidate for
					 hearing and decision any number of proceedings where the facts and
					 circumstances are similar and consolidation will result in conservation of time
					 and expense. Where the Hearing Officer proposes to consolidate proceedings on
					 his or her own motion, the Parties shall be given reasonable notice and an
					 opportunity to object before consolidation is ordered.
(b) The Hearing Officer may sever
					 consolidated proceedings for good cause.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  11507.3,
						  Government Code; and Section
						  1742(b),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 3 - Prehearing Procedures › Section 17233 - Prehearing Motions; Cut off Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any motion made in advance of the hearing
					 on the merits, any opposition thereto, and any further reply shall be in
					 writing and directed to the appointed Hearing Officer. No particular format
					 shall be required; however, the following information shall appear prominently
					 on the first page:
(1) the case name
					 (
i.e
., names of the Parties);
(2) any assigned case number;
(3) the name of the Hearing Officer to whom
					 the paper is being submitted;
(4)
					 the identity of the Party submitting the paper;
(5) the nature of the relief sought;
					 and
(6) the scheduled date, if any,
					 for the hearing on the merits of the Request for Review. The motion shall also
					 include a Proof of Service, as defined in Rule 10 [Section
					 17210] above, showing that copies
					 have been served on all other Parties to the proceeding.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 3 - Prehearing Procedures › Section 17234 - Evidence by Affidavit or Declaration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At any time 20 or more days prior to
					 commencement of a hearing, a Party may serve upon all other Parties a copy of
					 any affidavit or declaration which the proponent proposes to introduce in
					 evidence, together with a notice as provided in subpart (b). Unless another
					 Party, within 10 days after service of such notice, delivers to the proponent a
					 request to cross-examine the affiant or declarant, the right to cross-examine
					 such affiant or declarant is waived and the affidavit or declaration, if
					 introduced in evidence, shall be given the same effect as if the affiant or
					 declarant had testified in person. If an opportunity to cross-examine an
					 affiant or declarant is not afforded after request therefor is made as herein
					 provided, the affidavit or declaration may be introduced in evidence, but shall
					 be given only the same effect as other hearsay evidence.
(b) The notice referred to in subpart (a)
					 shall be substantially in the following form with the appropriate information
					 inserted in the places enclosed by brackets:
"The accompanying affidavit or declaration of [name of
						affiant or declarant] will be introduced as evidence at the hearing in [title
						and other information identifying the proceeding]. [Name of affiant or
						declarant] will not be called to testify orally, and you will not be entitled
						to question the affiant or declarant unless you notify [name of the proponent,
						Representative, agent or attorney] at [address] that you wish to cross-examine
						the affiant or declarant. Your request must be mailed or delivered to [name of
						proponent, Representative, agent or attorney] on or before [specify date
at least
10 days after anticipated date of service of this
						notice on the other Parties]."
(c) If a timely request is made to
					 cross-examine an affiant or declarant under this Rule, the burden of producing
					 that witness at the hearing shall be upon the proponent of the witness. If the
					 proponent fails to produce the witness, the affidavit or declaration may be
					 introduced in evidence, but shall be given only the same effect as other
					 hearsay evidence under Rule 44 [Section
					 17244].
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Rule 1613, California Rules of Court; Section
						  11514,
						  Government Code; and Section
						  1742(b),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 3 - Prehearing Procedures › Section 17235 - Subpoena and Subpoena Duces Tecum

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subpoenas and subpoenas duces tecum may
					 be issued for attendance at a hearing and for the production of documents at
					 any reasonable time and place or at a hearing.
(b) Subpoenas and subpoenas duces tecum shall
					 be issued by the Hearing Officer at the request of a Party, or by the attorney
					 of record for a Party, in accordance with sections
					 1985 to
					 1985.6, inclusive, of the Code of
					 Civil Procedure. The burden of serving a subpoena that has been issued by the
					 Hearing Officer shall be upon the Party who requested the subpoena.
(c) Service of subpoenas and subpoenas duces
					 tecum, objections thereto, and mileage and witness fees shall be governed by
					 the provisions of Government Code sections
					 11450.20
					 through
					 11450.40.
(d) Subpoenas and subpoenas duces tecum shall
					 be enforceable through the Contempt and Monetary Sanctions provision set forth
					 in Rule 47 [Section
					 17247] below. A Party aggrieved by
					 the failure or refusal of any witness to obey a subpoena or subpoena duces
					 tecum shall have the burden of showing to the satisfaction of the Hearing
					 Officer that the subpoena or subpoena duces tecum was properly issued and
					 served and that the testimony or evidence sought was necessary to prove or
					 disprove a significant claim or defense in the proceeding.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Sections
						  1985-
						  1988,
						  Code of Civil Procedure; Section
						  1563,
						  Evidence Code; Sections
						  11450.20-
						  11455.30,
						  Government Code; and Section
						  1742(b),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 3 - Prehearing Procedures › Section 17236 - Written Notice to Party in Lieu of Subpoena

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the case of the production of a Party
					 of record in the proceeding or of a Person for whose benefit a proceeding is
					 prosecuted or defended, the service of a subpoena upon any such witness is not
					 required if written notice requesting the witness to attend, with the time and
					 place of the hearing, is served on the attorney of the Party or Person. For
					 purposes of this Rule, a Party of record in the proceeding or Person for whose
					 benefit a proceeding is prosecuted or defended includes an officer, director,
					 or managing agent of any such Party or Person.
(b) Service of written notice to attend under
					 this Rule shall be made in the same manner and subject to the same conditions
					 provided in section
					 1987
					 of the Code of Civil Procedure for service of written notice to attend in a
					 civil action or proceeding.
(c) The
					 Hearing Officer shall have authority under Rule 47 [Section
					 17247] below to sanction a Party
					 who fails or refuses to comply with a written notice to attend that meets the
					 requirements of this Rule and has been timely served in accordance with section
					 1987
					 of the Code of Civil Procedure. However, the Hearing Officer may not initiate
					 contempt proceedings against the witness for failing to appear based solely on
					 non-compliance with a written notice to attend served on the Party's attorney.
					 A Party seeking sanctions for another Party's failure or refusal to comply with
					 a written notice to attend shall have the burden of showing to the satisfaction
					 of the Hearing Officer that the written notice to attend was properly issued
					 and timely served and that the testimony or evidence sought was necessary to
					 prove or disprove a significant claim or defense in the proceeding.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  1987,
						  Code of Civil Procedure; Sections
						  11450.50-
						  11455.30,
						  Government Code; and Section
						  1742(b),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 3 - Prehearing Procedures › Section 17237 - Depositions and Other Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) There shall be no right to take oral
					 depositions or obtain any other form of discovery that is not expressly
					 authorized under these Rules.
(b)
					 Oral depositions may be conducted only by stipulation of all Parties to the
					 proceedings or by order of the appointed Hearing Officer upon a showing of
					 substantial good cause. Oral depositions will be permitted only for purposes of
					 obtaining the testimony of witnesses who are likely to be unavailable to
					 testify at the hearing.
(c) Nothing
					 in this Rule shall preclude the use of deposition testimony or other evidence
					 obtained in separate proceedings, if such evidence is otherwise relevant and
					 admissible.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  1987,
						  Code of Civil Procedure; Sections
						  11450.50-
						  11455.30,
						  Government Code; and Section
						  1742(b),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 4 - Hearings › Section 17240 - Notice of Appointment of Hearing Officer; Objections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notice of the Appointment of a Hearing
					 Officer under Rule 04 [Section
					 17204] above shall be provided to
					 the Parties as soon as practicable and no later than when the matter is noticed
					 for a prehearing conference or hearing.
(b) The Director may appoint a different
					 Hearing Officer to conduct and hear the review or to conduct and dispose of any
					 preliminary or procedural matter in a given case.
(c) A Party wishing to object to the
					 appointment of a particular Hearing Officer, including for any one or more of
					 the grounds specified in sections
					 11425.30
					 and
					 11425.40
					 of the Government Code or section
					 1742(b)
					 of the Labor Code, shall within 10 days after receiving notice of the
					 appointment and no later than the start of any hearing on the merits,
whichever is earlier
, file a motion to disqualify the
					 appointed Hearing Officer together with a supporting affidavit or declaration.
					 The motion shall be filed with the Chief Counsel of the Office of the Director
					 at the address indicated in Rule 23 [Section
					 17223] above. Notwithstanding the
					 foregoing time limits, if a Party subsequently discovers facts constituting
					 grounds for the disqualification of the appointed Hearing Officer, including
					 but not limited to that the Hearing Officer has received a prohibited ex parte
					 communication in the pending case, the motion shall be filed as soon as
					 practicable after the facts constituting grounds for disqualification are
					 discovered.
(d) Upon receipt of a
					 motion to disqualify the appointed Hearing Officer, the Director may:
(1) consider and decide the motion or appoint
					 another Hearing Officer to consider and decide the motion, in which case the
					 challenged Hearing Officer shall first be given an opportunity to respond to
					 the motion, but no proceedings shall be conducted by the challenged Hearing
					 Officer until the motion is determined; or
(2) appoint another Hearing Officer to hear
					 the Request for Review, in which case the motion shall be deemed
					 moot.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 4 - Hearings › Section 17241 - Time and Place of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A hearing on the merits of a timely
					 Request for Review shall be commenced within 90 days after the date it is
					 received by the Office of the Director. The hearing shall be conducted at a
					 suitable location within the county where the appointed Hearing Officer
					 maintains his or her regular office, unless the hearing is moved to a different
					 county in accordance with subpart (b) below.
(b) Upon the agreement of the Parties or upon
					 a showing of good cause by either the Party who filed the Request for Review or
					 the Enforcing Agency, the hearing shall be conducted at a suitable location
					 within either (1) the county where a majority of the subject public works
					 employment was performed, or (2) any other county that is proximate to or
					 convenient for the Parties and necessary witnesses.
(c) A suitable location under this section
					 means one that is open and accessible to members of the public and which
					 includes appropriate facilities for the recording of testimony. Any facility
					 that is regularly used by any state agency or by the Awarding Body for public
					 hearings and that will reasonably accommodate the anticipated number of Parties
					 and witnesses involved in the proceeding, is presumed suitable in the absence
					 of a contrary showing. Parties seeking to change the location of a hearing
					 under subpart (b) shall make reasonable efforts to identify, agree upon, and
					 arrange for the availability of a suitable location within a county specified
					 in subpart (b)(1) or (b)(2).
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  11425.20,
						  Government Code; and Section
						  1742(b),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 4 - Hearings › Section 17242 - Open Hearing; Confidential Evidence and Proceedings; and Exclusion of Witnesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject to the qualifications set forth
					 below, the hearing shall be open to the public. If all or part of the hearing
					 is conducted by telephone, television, or other electronic means, the Hearing
					 Officer shall conduct the hearing from a location where members of the public
					 may be physically present, and members of the public shall also have a
					 reasonable right of access to the hearing record and any transcript of the
					 proceedings.
(b) Notwithstanding
					 the provisions of subpart (a), the Hearing Officer may order closure of a
					 hearing or make other protective orders to the extent necessary to:
(1) preserve the confidentiality of
					 information that is privileged, confidential, or otherwise protected by
					 law;
(2) ensure a fair hearing in
					 the circumstances of the particular case; or
(3) protect a minor witness or a witness with
					 a developmental disability from intimidation or other harm, taking into account
					 the rights of all persons.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 4 - Hearings › Section 17243 - Conduct of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Testimony shall be taken only on oath or affirmation under penalty of
					 perjury.
(b) Every Party shall have
					 the right to call and examine witnesses; to introduce exhibits; to question
					 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; and to rebut any opposing
					 evidence. A Party may be called by an opposing Party and examined as if under
					 cross-examination, whether or not the Party called has testified or intends to
					 testify on his or her own behalf.
(c) The Hearing Officer may call and examine
					 any Party or witness and may on his or her own motion introduce
					 exhibits.
(d) The Hearing Officer
					 shall control the taking of evidence and other course of proceedings in a
					 hearing and shall exercise that control in a manner best suited to ascertain
					 the facts and safeguard the rights of the Parties. Prior to taking evidence,
					 the Hearing Officer shall define the issues and explain the order in which
					 evidence will be presented;
provided that
, for good cause the
					 Hearing Officer later may vary the order of presentation as circumstances
					 warrant.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  11513,
						  Government Code; and Section
						  1742(b),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 4 - Hearings › Section 17244 - Evidence Rules; Hearsay

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The hearing need not be conducted according to technical rules relating to
					 evidence and witnesses. Any relevant evidence shall be admitted if it is the
					 sort of evidence on which responsible persons are 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 civil actions.
(b) The
					 rules of privilege shall be recognized to the same extent and applied in the
					 same manner as in the courts of this state.
(c) The Hearing Officer may exclude evidence
					 if its probative value is substantially outweighed by the probability that its
					 admission will necessitate undue consumption of time.
(d) Hearsay evidence is admissible but shall
					 not be sufficient in itself to support a finding unless it either would be
					 admissible over objection in a civil action or no Party raises an objection to
					 such use. Unless previously waived, an objection or argument that evidence is
					 insufficient in itself to support a finding because of its hearsay character
					 shall be timely if presented at any time before submission of the case for
					 decision.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  11513,
						  Government Code; and Section
						  1742(b),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 4 - Hearings › Section 17245 - Official Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 Hearing Officer may take official notice of (1) the Director's General
					 Prevailing Wage Determinations, the Director's Precedential Coverage Decisions,
					 and wage data, studies, and reports issued by the Division of Labor Statistics
					 and Research; (2) any other generally accepted technical fact within the fields
					 of labor and employment that are regulated by the Director under Divisions 1,
					 2, and 3 of the Labor Code; and (3) any fact which either must or may be
					 judicially noticed by the courts of this state under Evidence Code sections
					 451 and
					 452.
(b) The Parties participating in a hearing
					 shall be informed of those matters as to which official notice is proposed to
					 be taken and given a reasonable opportunity to show why and the extent to which
					 official notice should or should not be taken.
(c) The Hearing Officer or the Director shall
					 state in a decision, order, or on the record the matters as to which official
					 notice has been taken.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Sections
						  451,
						  452 and
						  455,
						  Evidence Code; Section
						  11515,
						  Government Code; and Section
						  1742(b),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 4 - Hearings › Section 17246 - Failure to Appear; Relief from Default

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the failure of any Party to appear
					 at a duly noticed hearing, the Hearing Officer may proceed in that Party's
					 absence and may recommend whatever decision is warranted by the available
					 evidence, including any lawful inferences that can be drawn from an absence of
					 proof by the non-appearing Party.
(b) For good cause and under such terms as
					 are just, the appointed Hearing Officer or the Director may relieve a Party
					 from the effects of any failure to appear and order that a review proceeding be
					 reinstated or reheard. A Party seeking relief from non-appearance shall file a
					 written motion at the earliest opportunity and no later than 10 days following
					 a proceeding of which the Party had actual notice. Such application shall be
					 supported by an affidavit or declaration based on the personal knowledge of the
					 declarant, and copies of the application and any supporting materials shall be
					 served on all other Parties to the proceeding. No application shall be granted
					 unless and until the other Parties have been afforded a reasonable opportunity
					 to make a showing in opposition. An Order reinstating a proceeding or granting
					 a rehearing under this section may be conditioned upon providing reimbursement
					 to the Department and the other Parties for the costs associated with the prior
					 non-appearance.
(c) Notwithstanding
					 any application or showing made under subpart (b) of this Rule, neither the
					 Hearing Officer nor the Director may reinstate any Request for Review where the
					 underlying Assessment or Withholding of Contract Payments has become final and
					 entered as a court judgment.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  473,
						  Code of Civil Procedure; and Section
						  1742(b),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 4 - Hearings › Section 17247 - Contempt and Monetary Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If any Person in proceedings before an
					 appointed Hearing Officer disobeys or resists any lawful order or refuses,
					 without substantial justification, to respond to a subpoena, subpoena duces
					 tecum, or refuses to take the oath or affirmation as a witness or thereafter
					 refuses to be examined or is guilty of misconduct during a hearing or so near
					 the place thereof as to obstruct the proceedings, or violates the prohibition
					 against ex parte communications under Rule 07 [Section
					 17207] above, the Hearing Officer
					 may do any one or more of the following:
(1)
					 certify the facts to the Superior Court in and for the county where the
					 proceedings are held for contempt proceedings pursuant to Government Code
					 section
					 11455.20;
(2) exclude the Person from the hearing
					 room;
(3) prohibit the Person from
					 testifying or introducing certain matters in evidence; and/or
(4) establish certain facts, claims, or
					 defenses if the Person in contempt is a Party.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 4 - Hearings › Section 17249 - Hearing Record; Recording of Testimony and Other Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Hearing Officer and the Director
					 shall maintain an official record of all proceedings conducted under these
					 Rules. In the absence of a determination under subpart (b) below, all testimony
					 and other proceedings at any hearing shall be recorded by audiotape. Recorded
					 testimony or other proceedings need not be transcribed unless requested for
					 purposes of further court review of a decision or order in the same
					 case.
(b) Upon the application of
					 any Party or upon his or her own motion, the Hearing Officer may authorize the
					 use of a certified court reporter, videotape, or other appropriate means to
					 record the testimony and other proceedings. Any application by a Party under
					 this subpart shall be made at a prehearing conference or by prehearing motion
					 filed no later than 10 days prior to the scheduled date of hearing. Upon the
					 granting of any such application, it shall be the responsibility of the Party
					 or Parties who made the application to procure and pay for the services of a
					 qualified person and any additional equipment needed to record the testimony
					 and proceedings by the requested means. Ordinarily the granting of such
					 application will be conditioned on the applicant's paying for certified copies
					 of the transcript for the official record and for the other Parties. The
					 failure of a requesting Party to comply with this requirement shall not be
					 cause for delaying the hearing on the merits, but instead shall result in the
					 proceedings being tape recorded in accordance with subpart (a).
(c) The Parties may, at their own expense,
					 arrange for the recording of testimony and other proceedings through a
					 different means other than the one authorized by the Hearing Officer,
provided that
it does not in any way interfere with the
					 Hearing Officer's control and conduct of the proceedings, and
further
					 provided that
, it shall not be regarded as an official record for any
					 purpose absent a stipulation by all of the Parties or order of the Hearing
					 Officer.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  1742(b),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 4 - Hearings › Section 17250 - Burdens of Proof on Wages and Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Enforcing Agency has the burden of
					 coming forward with evidence that the Affected Contractor or Subcontractor (1)
					 was served with an Assessment or Notice of Withholding of Contract Payments in
					 accordance with Rule 20 [Section
					 17220]; (2) was provided a
					 reasonable opportunity to review evidence to be utilized at the hearing in
					 accordance with Rule 24 [Section
					 17224]; and (3) that such evidence
					 provides prima facie support for the Assessment or Withholding of Contract
					 Payments.
(b) If the Enforcing
					 Agency meets its initial burden under (a), the Affected Contractor or
					 Subcontractor has the burden of proving that the basis for the Civil Wage and
					 Penalty Assessment or for the Withholding of Contract Payments is
					 incorrect.
(c) With respect to any
					 civil penalty established under Labor Code section
					 1775, the
					 Affected Contractor or Subcontractor shall have the burden of proving that the
					 Labor Commissioner abused his or her discretion in determining that a penalty
					 was due or in determining the amount of the penalty.
(d) All burdens of proof and burdens of
					 producing evidence shall be construed in a manner consistent with relevant
					 sections of the Evidence Code, and the quantum of proof required to establish
					 the existence or non-existence of any fact shall be by a preponderance of the
					 evidence, unless a higher standard is prescribed by law.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Sections
						  500,
						  502 and
						  550,
						  Evidence Code; and Sections
						  1742(b)
						  and
						  1775, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 4 - Hearings › Section 17251 - Liquidated Damages

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 With respect to any liquidated damages for which an Affected Contractor,
					 Subcontractor, or Surety on a bond becomes liable under Labor Code section
					 1742.1, the
					 Enforcing Agency shall have a further burden of coming forward with evidence to
					 show the amount of wages that remained unpaid as of 60 days following the
					 service of the Assessment or Notice of Withholding of Contract Payments. The
					 Affected Contractor or Subcontractor shall have the burden of demonstrating
					 that he or she had substantial grounds for believing the Assessment or Notice
					 to be in error.
(b) To demonstrate
					 "substantial grounds for believing the Assessment or Notice to be in error,"
					 the Affected Contractor or Subcontractor must establish (1) that it had a
					 reasonable subjective belief that the Assessment or Notice was in error; (2)
					 that there is an objective basis in law and fact for the claimed error; and (3)
					 that the claimed error is one that would have substantially reduced or
					 eliminated any duty to pay additional wages under the Assessment or
					 Notice.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Sections
						  1742(b),
						  1742.1 and
						  1773.5, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 4 - Hearings › Section 17252 - Oral Argument and Briefs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Parties may submit prehearing briefs of
					 reasonable length under such conditions as the appointed Hearing Officer shall
					 prescribe. Parties shall also be permitted to present a closing oral argument
					 of reasonable length at or following the conclusion of the hearing.
(b) There shall be no automatic right to file
					 a post-hearing brief. However, the Hearing Officer may permit the Parties to
					 submit written post-hearing briefs, under such terms as are just. The Hearing
					 Officer shall have discretion to determine, among other things, the length and
					 format of such briefs and whether they will be filed simultaneously or on a
					 staggered (opening, response, and reply) basis.
(c) In addition to or as an alternative to
					 post-hearing briefs, the Hearing Officer may also prepare proposed findings or
					 a tentative decision or may designate a Party to prepare proposed findings and
					 thereafter give the Parties a reasonable opportunity to present arguments in
					 support of or opposition to any proposed findings or tentative decision prior
					 to the issuance of a decision by the Director under Rule 60 [Section
					 17260] below.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  1742(b),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 4 - Hearings › Section 17253 - Conclusion of Hearing; Time for Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing shall be deemed concluded and
					 the matter submitted either upon the completion of all testimony and
					 post-hearing arguments or upon the expiration of the last day for filing any
					 post-hearing brief or other authorized submission, whichever is later.
					 Thereafter, the Director shall have 45 days within which to issue a written
					 decision affirming, modifying, or dismissing the Assessment or the Withholding
					 of Contract Wages.
(b) For good
					 cause, the Hearing Officer may vacate the submission and reopen the hearing for
					 the purpose of receiving additional evidence or argument, in which case the
					 time for the Director to issue a written decision shall run from the date of
					 resubmission.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  1742(b),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 6 - Decision of the Director › Section 17260 - Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The appointed
					 Hearing Officer shall prepare a recommended decision for the Director's review
					 and approval. The decision shall consist of a notice of findings, findings, and
					 an order, and shall be in writing and include a statement of the factual and
					 legal basis for the decision, consistent with the requirements of Labor Code
					 section
					 1742 and
					 Government Code section
					 11425.50.
(b) A recommended decision shall have no
					 status or effect unless and until approved by the Director and issued in
					 accordance with subpart (c) below.
(c) A copy of the decision shall be served by
					 first class mail on all Parties in accordance with the requirements of Code of
					 Civil Procedure section
					 1013.
					 If a Party has appeared through an authorized Representative, service shall be
					 made on that Party at the last known address on file with the Enforcing Agency
					 in addition to service on the authorized Representative.
1. New
						article 6 (sections
						17260-17264) and section filed
						1-15-2002; operative 1-15-2002 pursuant to Government Code section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  1013,
						  Code of Civil Procedure; Section
						  11425.50,
						  Government Code; and Section
						  1742(b),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 6 - Decision of the Director › Section 17261 - Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the
					 application of any Party or upon his or her own motion, the Director may
					 reconsider or modify a decision issued under Rule 60 [Section
					 17260] above for the purpose of
					 correcting any error therein.
(b)
					 The decision must be reconsidered or modified within 15 days after its date of
					 issuance pursuant to Rule 60(c) [Section
					 17260(c)].
					 Thereafter, the decision may not be reconsidered or modified, except that a
					 clerical error may be corrected at any time.
(c) The modified or reconsidered decision
					 shall be served on the Parties in the same manner as a decision issued under
					 Rule 60 [Section
					 17260].
(d) A Party is not required to apply for
					 reconsideration before seeking judicial review of a decision of the Director.
					 An application for reconsideration made by any Party shall
not
extend the time for seeking judicial review pursuant to Labor Code section
					 1742(c)
					 unless the Director issues a modified or reconsidered decision within the
					 15-day time limit prescribed in subpart (b) of this section.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  1742, Labor
						  Code.