California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 4.8 - Debarment › Section 16800 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions of "Contractor,"
					 "Subcontractor," "Awarding Body," "Political Subdivision," "Public Works," and
					 any other applicable terms, found in Group 3. Payment of Prevailing Wages upon
					 Public Works, article 17 section
					 16000, the following terms are
					 defined for general use in this article.
"Substantial Interest" means an interest of twenty percent
					 (20%) of a corporation, limited partnership or similar entity and includes an
					 individual holding the position of responsible managing employee, qualifying
					 responsible managing officer or general partner regardless of the percentage
					 interest in the entity.
"Fraud" means a suggestion, as a fact, of that which is not
					 true, by one who does not believe it to be true; or the assertion, as a fact,
					 of that which is not true, by one who has no reasonable ground for believing it
					 to be true; or the suppression of a fact, by one who is bound to disclose it,
					 or who gives information of other facts which are likely to mislead for want of
					 communication of that fact; or a promise, made without any intention of
					 performing it.
"Person" means an individual or legal entity, including,
					 but not limited to, any firm, corporation, partnership, limited partnership,
					 agency, association, organization or trust, and includes, where applicable, the
					 public agencies, awarding bodies and any agent or officer thereof authorized to
					 act for or on behalf of any of the foregoing.
"Firm" means, but is not limited to, any individual,
					 corporation, partnership, limited partnership, agency, association,
					 organization or trust operating a business in the State of California whether
					 or not licensed or permitted to do so.
"Intent to Defraud" means the intent to deceive another
					 person or entity, as defined in this article, and to induce such other person
					 or entity, in reliance upon such deception, to assume, create, transfer, alter
					 or terminate a right, obligation or power with reference to property of any
					 kind.
"Deliberately" means premeditated and intentional and does
					 not include inadvertent error.
"Respondent" means any person or entity subject to the
					 proceedings set forth in this article.
1. New
					 section filed 4-5-90 as an emergency; operative 4-5-90 (Register 90, No. 14). A
					 Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 8-3-90.
2. New section filed
					 9-4-90 as an emergency readoption effective 9-4-90 (Register 90, No. 42). A
					 Certificate of Compliance must be transmitted to OAL by 1-2-91 or emergency
					 language will be repealed on the following day.
3. Repealed on
					 January 3, 1991 by operation of Government Code section
					 11346.1(g)
					 (Register 91, No. 12).
4. New section filed 2-13-91; operative
					 2-13-91 (Register 91, No. 12).
5. Amendment redesignating former
					 subchapter 4, article 8 (sections
					 16800-16802) as subchapter 4.8
					 (sections 16800-16802) filed 6-29-2010;
					 operative 8-1-2010 pursuant to Government Code section
					 11343.4(b)
					 (Register 2010, No. 27).
Note: Authority cited: Section
						1777.1(e),
						Labor Code. Reference: Section
						1777.1, Labor
						Code.