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 4.5 - Compliance Monitoring and Enforcement by Department of Industrial Relations › Article 1 - Notices, Fees, and Fee Waivers › Section 16454 - Payment of Fees for Compliance Monitoring and Enforcement by Department of Industrial Relations by an Awarding Body that Elects to Comply with the Requirements of Labor Code Section 1771.5(f). [Text Effective January 1, 2012]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An Awarding Body that elects to comply with the
						requirements of Labor Code Section
						1771.5
						(f) for all public works projects that it
						undertakes shall do all of the following:
(a) Provide the notices required under
					 section 16451 above.
(b) Conduct a prejob conference before
					 commencement of the work with contractors and subcontractors listed in the bid
					 or who are required to be identified or prequalified in a Design-Build
					 Contract. At the prejob conference applicable federal and state labor law
					 requirements shall be discussed, and copies of suggested reporting forms
					 furnished. A checklist, showing which federal and state labor law requirements
					 were discussed, shall be kept for each conference. A checklist in the format of
					 Appendix A (following section
					 16421 in subchapter 4 of these
					 regulations) presumptively meets this requirement.
(c) Pay the fees prescribed by section
					 16452 above.
1. New
						section filed 6-29-2010; operative 8-1-2010 pursuant to Government Code section
						11343.4(b)
						(Register 2010, No. 27).
2. Repealer filed 11-4-2010 as an
						emergency; operative 11-4-2010 (Register 2010, No. 45). A Certificate of
						Compliance must be transmitted to OAL by 5-3-2011 or emergency language will be
						repealed by operation of law on the following day.
3. Repealer
						refiled 5-2-2011 as an emergency; operative 5-2-2011 (Register 2011, No. 18). A
						Certificate of Compliance must be transmitted to OAL by 8-1-2011 or emergency
						language will be repealed by operation of law on the following
						day.
4. Repealer refiled 8-1-2011 as an emergency; operative
						8-1-2011. A Certificate of Compliance must be transmitted to OAL by 10-31-2011
						or emergency language will be repealed by operation of law on the following day
						(Register 2011, No. 31).
5. Certificate of Compliance as to 8-1-2011
						order, including amendment of section heading, adoption of new section and
						amendment of NOTE, transmitted to OAL 10-28-2011 and filed 12-7-2011; operative
						1-1-2012 (Register 2011, No. 49).
Note: Authority cited: Sections
						  1771.3,
						  1771.5 and
						  1773.5, Labor
						  Code. Reference: Sections
						  1771.3 and
						  1771.5, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 4.5 - Compliance Monitoring and Enforcement by Department of Industrial Relations › Article 2 - Compliance Monitoring by Labor Commissioner › Section 16462 - Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Compliance
					 Monitoring Unit shall accept complaints from workers or members of the public
					 alleging nonpayment of the required minimum rates of pay to workers or other
					 violations of the prevailing wage laws on projects that are subject to this
					 subchapter. Complaints shall be filed in writing with the Division of Labor
					 Standards Enforcement as soon as the alleged violation is known, and the
					 Division may provide for complaints to be filed electronically. A complaint
					 need not conform to any technical requirements as long as it contains
					 sufficient information to identify the project, affected parties and dates, and
					 describes the subject matter of the complaint in enough detail to enable the
					 Division to commence an investigation into whether a violation
					 occurred.
(b) The Compliance
					 Monitoring Unit shall notify the contractor and subcontractor of any
					 noncompliance as soon as practicable where such notice may enable the
					 contractor or subcontractor to correct the non-compliance. This early notice
					 may describe the nature of the violation only, and it is not necessary that the
					 notice include a full summary of any unpaid wages due.
1. New
						section filed 6-29-2010; operative 8-1-2010 pursuant to Government Code section
						11343.4(b)
						(Register 2010, No. 27).
2. Repealer filed 11-4-2010 as an
						emergency; operative 11-4-2010 (Register 2010, No. 45). A Certificate of
						Compliance must be transmitted to OAL by 5-3-2011 or emergency language will be
						repealed by operation of law on the following day.
3. Repealer
						refiled 5-2-2011 as an emergency; operative 5-2-2011 (Register 2011, No. 18). A
						Certificate of Compliance must be transmitted to OAL by 8-1-2011 or emergency
						language will be repealed by operation of law on the following
						day.
4. Repealer refiled 8-1-2011 as an emergency; operative
						8-1-2011. A Certificate of Compliance must be transmitted to OAL by 10-31-2011
						or emergency language will be repealed by operation of law on the following day
						(Register 2011, No. 31).
5. Reinstatement of section as it existed
						prior to 11-4-2010 emergency repeal by operation of Government Code section
						11346.1(f)
						(Register 2011, No. 49).
Note: Authority cited: Sections
						  54,
						  55,
						  1771.55 and
						  1773.5, Labor
						  Code. Reference: Sections
						  1741,
						  1771.55 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 4.5 - Compliance Monitoring and Enforcement by Department of Industrial Relations › Article 2 - Compliance Monitoring by Labor Commissioner › Section 16463 - Withholding of Contract Payments when Payroll Records Are Delinquent or Inadequate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Withhold" means to cease payments by the
					 Awarding Body, or others who pay on its behalf, or agents, to the general
					 contractor. Where the violation is by a subcontractor, the general contractor
					 shall be notified of the nature of the violation and reference made to its
					 rights under Labor Code Section
					 1729.
(b) "Contracts." Except as otherwise provided
					 by agreement, only contracts under a single master contract, including a
					 Design-Build contract, or contracts entered into as stages of a single project,
					 may be the subject of withholding.
(c) "Delinquent payroll records" means those
					 not submitted on the date set in the contract.
(d) "Inadequate payroll records" are any one
					 of the following:
(1) A record lacking any of
					 the information required by Labor Code Section
					 1776;
(2) A record which contains all of the
					 required information but is not certified, or is certified by someone who is
					 not an agent of the contractor or subcontractor;
(3) A record remaining uncorrected for one
					 payroll period after the Labor Commissioner has given the contractor or
					 subcontractor notice of inaccuracies detected by audit or record review.
					 However, prompt correction will stop any duty to withhold if such inaccuracies
					 do not amount to one (1) percent of the entire Certified Weekly Payroll in
					 dollar value and do not affect more than half the persons listed as workers
					 employed on that Certified Weekly Payroll, as defined in Labor Code Section
					 1776 and
					 section 16401 of Title 8 of the California
					 Code of Regulations.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 4.5 - Compliance Monitoring and Enforcement by Department of Industrial Relations › Article 2 - Compliance Monitoring by Labor Commissioner › Section 16464 - Issuance of Civil Wage and Penalty Assessment upon Determination that Contractor or Subcontractor Has Violated Prevailing Wage Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Compliance Monitoring Unit determines that there
						has been any violation of Division 2, Part 7, Chapter 1 of the Labor Code, the
						Labor Commissioner shall issue and serve a Civil Wage and Penalty Assessment to
						the contractor or subcontractor or both, in accordance with the requirements of
						Labor Code Section
						1741.
1. New
						section filed 6-29-2010; operative 8-1-2010 pursuant to Government Code section
						11343.4(b)
						(Register 2010, No. 27).
2. Repealer filed 11-4-2010 as an
						emergency; operative 11-4-2010 (Register 2010, No. 45). A Certificate of
						Compliance must be transmitted to OAL by 5-3-2011 or emergency language will be
						repealed by operation of law on the following day.
3. Repealer
						refiled 5-2-2011 as an emergency; operative 5-2-2011 (Register 2011, No. 18). A
						Certificate of Compliance must be transmitted to OAL by 8-1-2011 or emergency
						language will be repealed by operation of law on the following
						day.
4. Repealer refiled 8-1-2011 as an emergency; operative
						8-1-2011. A Certificate of Compliance must be transmitted to OAL by 10-31-2011
						or emergency language will be repealed by operation of law on the following day
						(Register 2011, No. 31).
5. Reinstatement of section as it existed
						prior to 11-4-2010 emergency repeal by operation of Government Code section
						11346.1(f)
						(Register 2011, No. 49).
Note: Authority cited: Sections
						  1771.55 and
						  1773.5, Labor
						  Code. Reference: Section
						  1741, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 4.6 - Severability › Section 16500 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any provision of the regulations in Subchapter 3 or
					 Subchapter 4 or the application thereof to any person, party or circumstances
					 is held invalid, such invalidity shall not affect other provisions or
					 applications of these regulations which can be given effect without the invalid
					 provisions or applications, and to this end the provisions of these regulations
					 are severable.
1. Amendment
					 filed 2-20-92; operative 3-23-92 (Register 92, No. 13).
2. Amendment
					 redesignating former subchapter 4, article 6 (section
					 16500) as subchapter 4.6 (section
					 16500) and amending section filed
					 6-29-2010; operative 8-1-2010 pursuant to Government Code section
					 11343.4(b)
					 (Register 2010, No. 27).
Note: Authority cited: Sections
						54 and
						1773.5, Labor
						Code. Reference: Section
						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 4.8 - Debarment › Section 16802 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event that the Labor Commissioner determines that a
					 violation of chapter 1 of part 7 of the Labor Code has occurred, the Hearing
					 Officer may recommend the penalty to be imposed on the Respondent.
(a) In setting a penalty, due consideration
				  shall be given to the nature of the offense; the amount of underpayment of
				  wages per worker; the experience of the Respondent in the area of public works;
				  and the Respondent's compliance with Labor Code section
				  1776. The above
				  considerations shall be based upon evidence presented at the hearing and made a
				  part of the record.
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).
Note: Authority cited: Section
						1777.1(e),
						Labor Code. Reference: Section
						1777.1, 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 1 - General › Section 17201 - Scope and Application of Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) These Rules govern proceedings for review
					 of civil wage and penalty assessments and the withholding of contract payments
					 under Articles 1 and 2 of Division 2, Part 7, Chapter 1 (commencing with
					 section 1720) of the Labor Code, as well as
					 any notice assessing penalties for noncompliance with payroll record
					 obligations under Labor Code section
					 1776. The
					 provisions of Labor Code section
					 1742 and these
					 Rules apply to all such assessments and notices served on a contractor or
					 subcontractor on or after July 1, 2001 and provide the exclusive method for an
					 Affected Contractor or Subcontractor to obtain review of any such notice or
					 assessment. These Rules also apply to transitional cases in which notices were
					 served but no court action was filed under Labor Code sections
					 1731-1733 prior to
					 July 1, 2001, in accordance with Section
					 17270 (Rule 70) below.
(b) These Rules do not govern debarment
					 proceedings under Labor Code section
					 1777.1, nor
					 proceedings to review determinations with respect to the violation of
					 apprenticeship obligations under Labor Code sections
					 1777.5 and
					 1777.7, nor any
					 criminal prosecution.
(c) These
					 Rules do not preclude any remedies otherwise authorized by law to remedy
					 violations of Division 2, Part 7, Chapter 1 of the Labor Code.
(d) For easier reference, individual sections
					 within these prevailing wage hearing regulations are referred to as "Rules"
					 using only their last two digits. For example, this Section
					 17201 may be referred to as Rule
					 01.
1. New
						subchapter 6 (articles 1-7, sections
						17201-17270), article 1 (sections
						17201-17212) 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: Sections
						  1742,
						  1771.5,
						  1771.6(b),
						  1773.5,
						  1776 and
						  1777.1-
						  1777.7, Labor
						  Code; and Stats. 2000, Chapter 954, §
													1.
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 1 - General › Section 17203 - Computation of Time and Extensions of Time to Respond or Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In computing the time within which a
					 right may be exercised or an act is to be performed, the first day shall be
					 excluded and the last day shall be included. If the last day is not a Working
					 Day, the time shall be extended to the next Working Day.
(b) Unless otherwise indicated by proof of
					 service, if the envelope was properly addressed, the mailing date shall be
					 presumed to be: a postmark date imprinted on the envelope by the U.S. Postal
					 Service if first-class postage was prepaid; or the date of delivery to a common
					 carrier promising overnight delivery as shown on the carrier's
					 receipt.
(c) Where service of any
					 notice, decision, pleading or other document is by first class mail, and if
					 within a given number of days after such service, a right may be exercised, or
					 an act is to be performed, the time within which such right may be exercised or
					 act performed is extended five days if the place of address is within the State
					 of California, and 10 days if the place of address is outside the State of
					 California but within the United States. However, this Rule shall not extend
					 the time within which the Director may reconsider or modify a decision to
					 correct an error (other than a clerical error) under Labor Code section
					 1742(b).
(d) Where service of any notice, pleading, or
					 other document is made by an authorized method other than first class mailing,
					 extensions of time to respond or act shall be calculated in the same manner as
					 provided under section
					 1013
					 of the Code of Civil Procedure, unless a different requirement has been
					 specified by the appointed Hearing Officer or by another provision of these
					 Rules.
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
						  1010-
						  1013,
						  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 1 - General › Section 17204 - Appointment of Hearing Officers; Delegation of Appointment Authority to Chief Counsel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Upon receipt of a Request for Review of an Assessment or of a Notice of
					 Withholding of Contract Payments, the Director, acting through the Chief
					 Counsel (
see
subpart (c) below), shall appoint an impartial
					 Hearing Officer to conduct the review proceeding.
(b) The appointed Hearing Officer shall be an
					 attorney employed by the Office of the Director -- Legal Unit. However, if no
					 attorney employed by the Office of the Director -- Legal Unit is available or
					 qualified to serve in a particular matter, the appointed Hearing Officer may be
					 any attorney or administrative law judge employed by the Department, other than
					 an employee of the Division of Labor Standards Enforcement.
(c) Any person appointed to serve as a
					 Hearing Officer in any matter shall possess at least the minimum qualifications
					 for service as an administrative law judge pursuant to Government Code section
					 11502(b)
					 and shall be someone who is not precluded from serving under Government Code
					 section
					 11425.30.
(d) The Director's authority under Labor Code
					 section
					 1742(b)
					 to appoint an impartial Hearing Officer, is delegated in all cases to the Chief
					 Counsel of the Office of the Director or to the Chief Counsel's designated
					 Assistant or Acting Chief Counsel when the Chief Counsel is unavailable or
					 disqualified from participating in a particular matter. This delegation
					 includes all related authority under Rule 40 [Section
					 17240] below to appoint a different
					 Hearing Officer to conduct all or any part of a review proceeding as well as
					 the authority to consider and decide or to assign to another Hearing Officer
					 for consideration and decision any motion to disqualify an appointed 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
						  7,
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Sections
						  11425.30
						  and
						  11502(b),
						  Government Code; and Sections
						  7,
						  55,
						  59 and
						  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 1 - General › Section 17205 - Authority of Hearing Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In any proceeding assigned for hearing
					 and decision under the provisions of Labor Code section
					 1742, the
					 appointed Hearing Officer shall have full power, jurisdiction and authority to
					 hold a hearing and ascertain facts for the information of the Director, to hold
					 a prehearing conference, to issue a subpoena and subpoena duces tecum for the
					 attendance of a Person and the production of testimony, books, documents, or
					 other things, to compel the attendance of a Person residing anywhere in the
					 state, to certify official acts, to regulate the course of a hearing, to grant
					 a withdrawal, disposition or amendment, to order a continuance, to approve a
					 stipulation voluntarily entered into by the Parties, to administer oaths and
					 affirmations, to rule on objections, privileges, defenses, and the receipt of
					 relevant and material evidence, to call and examine a Party or witness and
					 introduce into the hearing record documentary or other evidence, to request a
					 Party at any time to state the respective position or supporting theory
					 concerning any fact or issue in the proceeding, to extend the submittal date of
					 any proceeding, to exercise such other and additional authority as is delegated
					 to Hearing Officers under these Rules or by an express written delegation by
					 the Director, and to prepare a recommended decision, including a notice of
					 findings, and an order for approval by the Director.
(b) There shall be no right of appeal to or
					 review by the Director of any decision, order, act, or refusal to act by an
					 appointed Hearing Officer other than through the Director's review of the
					 record in issuing or reconsidering a written decision under Rules 60 [Section
					 17260] and 61 [Section
					 17261] 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
						  11512,
						  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 1 - General › Section 17206 - Access to Hearing Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Hearing case records shall be available
					 for inspection and copying by the public, to the same extent and subject to the
					 same policies and procedures governing other records maintained by the
					 Department. Hearing case records normally will be available for review in the
					 office of the appointed Hearing Officer;
provided however
,
					 that a case file may be temporarily unavailable when in use by the appointed
					 Hearing Officer or by the Director or his or her designee.
(b) Nothing in this Rule shall authorize the
					 disclosure of any record or exhibit that is required to be kept confidential or
					 is otherwise exempt from disclosure by law or that has been ordered to be kept
					 confidential by an appointed 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: Sections
						  6250 et seq. 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 1 - General › Section 17209 - Representation at Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Party may appear in person or through
					 an authorized Representative, who need not be an attorney at law;
however
, a Party shall use the form Authorization for
					 Representation by Non-Attorney [8 CCR
					 17209(b) (New 1/15/02)] to
					 authorize representation by any non-attorney who is not an owner, officer, or
					 managing agent of that Party.
(b)
					 Upon formal notification that a Party is being represented by a particular
					 individual or firm, service of subsequent notices in the matter shall be made
					 on the Representative, either in addition to or instead of the Party, unless
					 and until such authorization is terminated or withdrawn by further written
					 notice. Service upon an authorized Representative shall be effective for all
					 purposes and shall control the determination of any notice period or the
					 running of any time limit for the performance of any acts, regardless of
					 whether or when such notice may also have been served directly on the
					 represented Party.
(c) An
					 authorized Representative shall be deemed to control all matters respecting the
					 interests of the represented Party in the proceedings.
(d) Parties and their Representatives shall
					 have a continuing duty to keep the appointed Hearing Officer and all other
					 Parties to the proceeding informed of their current address and telephone
					 number.
1. New
						section and new form 17209(b) 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 1 - General › Section 17210 - Proper Method of Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Unless a particular method of service is specifically prescribed by statute or
					 these Rules, service may be made by:
(1)
					 personal delivery;
(2) priority or
					 first class mailing postage prepaid through the U. S. Postal Service;
(3) any other means authorized under Code of
					 Civil Procedure section
					 1013;
					 or
(4) if authorized by the Hearing
					 Officer pursuant to Rule 11 [Section
					 17211] below, by facsimile or other
					 electronic means.
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 1 - General › Section 17211 - Filing and Service of Documents by Facsimile or Other Electronic Means

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
					 individual cases the Hearing Officer may authorize the filing and service of
					 documents by facsimile or by other electronic means, subject to reasonable
					 restrictions on the time of transmission and the page length of any document or
					 group of documents that may be transmitted by facsimile or other electronic
					 means, and subject to any further requirements on the use of cover sheets or
					 the subsequent filing and service of originals or hard copies of documents as
					 the Hearing Officer deems appropriate. Filing and service by facsimile or other
					 electronic means shall not be authorized under terms that substantially
					 disadvantage any Party appearing or participating in the proceeding as a matter
					 of right. A document transmitted by facsimile or other electronic means shall
					 not be considered received until the next Working Day following transmission
					 unless it is transmitted on a Working Day and the entire transmission is
					 completed by no later than 4:00 p.m. Pacific Time.
(b) Filings and service by facsimile or other
					 electronic means shall not authorized or accepted as a substitute for another
					 method of service that is required by statute or these Rules, unless the Party
					 served has expressly waived its right to be served in the required
					 manner.
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 1 - General › Section 17212 - Administrative Adjudication Bill of Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The provisions of the Administrative Adjudication Bill of Rights found in
					 Article 6 of Chapter 4.5 of Title 2, Division 3, Part 1 (commencing with
					 section 11425.10) of the Government Code
					 shall apply to these review proceedings to the extent not inconsistent with a
					 state or federal statute, a federal regulation, or a court decision which
					 applies specifically to the Department. The enumeration of certain rights in
					 these Rules may expand but shall not be construed as limiting the same or
					 similar provision of the Administrative Adjudication Bill of Rights; nor shall
					 the enumeration of certain rights in these Rules be construed as negating other
					 statutory rights not stated.
(b) Ex
					 parte communications shall be permitted between the appointed Hearing Officer
					 and the Director in accordance with Government Code section
					 11430.80(b).
(c) The presentation or submission of any
					 written communication by a Party or other interested Person during the course
					 of a review proceeding shall be governed by the requirements of Government Code
					 §
											11440.60(b) and
					 (c).
(d) Unless otherwise indicated by express
					 reference within the body of one of these Rules, the provisions of Chapter 5 of
					 Title 2, Division 3, Part 1 (commencing with section
					 11500) of the Government Code shall
not
apply to these review proceedings.
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
						  11415.20,
						  11425.10
						  et seq. and
						  11430.80(b),
						  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 2 - Assessment or Notice and Request for Review › Section 17220 - Service and Contents of Assessment or Notice of Withholding of Contract Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 Assessment, a Notice of Withholding of Contract Payments, or a notice assessing
					 penalties under Labor Code section
					 1776 shall be
					 served on the contractor and subcontractor, if applicable, by first class and
					 certified mail pursuant to the requirements of Code of Civil Procedure section
					 1013.
					 A copy of the notice shall also be served by certified mail on any bonding
					 company issuing a bond that secures the payment of the wages covered by the
					 Assessment or Notice and to any Surety on a bond, if the identities of such
					 companies are known or reasonably ascertainable. The identity of any Surety
					 issuing a bond for the benefit of an Awarding Body as designated obligee, shall
					 be deemed "known or reasonably ascertainable," and the Surety shall be deemed
					 to have received the notice required under this subpart if sent to the address
					 appearing on the face of the bond.
(b) An Assessment or Notice of Withholding of
					 Contract Payments shall be in writing and shall include the following
					 information:
(1) a description of the nature
					 of the violation and basis for the Assessment or Notice; and
(2) the amount of wages, penalties, and
					 forfeitures due, including a specification of amounts that have been or will be
					 withheld from available contract payments, as well as all additional amounts
					 that the Enforcing Agency has determined are due, including the amount of any
					 liquidated damages that potentially may be awarded under Labor Code section
					 1742.1.
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 17221 - Opportunity for Early Settlement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Affected Contractor or Subcontractor
					 may, within 30 days following the service of an Assessment or Notice of
					 Withholding of Contract Payments, request a meeting with the Enforcing Agency
					 for the purpose of attempting to settle the dispute regarding the Assessment or
					 Notice.
(b) Upon receipt of a
					 timely written request for a settlement meeting, the Enforcing Agency shall
					 afford the Affected Contractor or Subcontractor a reasonable opportunity to
					 meet for such purpose. The settlement meeting may be held in person or by
					 telephone and shall take place before expiration of the 60-day limit for filing
					 a Request for Review under Rule 22 [Section
					 17222].
(c) Nothing herein shall preclude the Parties
					 from meeting or attempting to settle a dispute after expiration of the time for
					 making a request or after the filing of a Request for Review.
(d) Neither the making or pendency of a
					 request for a settlement meeting, nor the fact that the Parties have met or
					 have failed or refused to meet as required by this Rule shall serve to extend
					 the time for filing a Request for Review under Rule 22 [Section
					 17222] below.
(e) No evidence of anything said or any
					 admission made for the purpose of, in the course of, or pursuant to, such a
					 settlement meeting shall be admissible or subject to discovery in any
					 administrative or civil proceeding. No writing prepared for the purpose of, in
					 the course of, or pursuant to, such a settlement meeting, other than a final
					 settlement agreement, shall be admissible or subject to discovery in any
					 administrative or civil 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
						  1742,
						  1742.1 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 17222 - Filing of Request for Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any Request for Review of an Assessment
					 or of a Notice of Withholding of Contract Wages shall be transmitted in writing
					 to the Enforcing Agency within 60 days after service of the Assessment or
					 Notice. Failure to request review within 60 days shall result in the Assessment
					 or the Withholding of Contract Wages becoming final and not subject to further
					 review under these Rules.
(b) A
					 Request for Review shall be transmitted to the office of the Enforcing Agency
					 designated on the Assessment or Notice of Withholding of Contract Payments from
					 which review is sought.
(c) A
					 Request for Review shall be deemed filed on the date of mailing, as determined
					 by the U.S. Postal Service postmark date on the envelope or the overnight
					 carrier's receipt in accordance with Rule 03(b) [Section
					 17203(b)] above,
					 or on the date of receipt by the designated office of the Enforcing Agency,
					 whichever is earlier.
(d) An
					 additional courtesy copy of the Request for Review may be served on the
					 Department by mailing to the address specified in Rule 23 [Section
					 17223] below at any time on or
					 after the filing of the Request for Review with the Enforcing Agency. The
					 service of a courtesy copy on the Department shall
not
be
					 effective for invoking the Director's review authority under Labor Code section
					 1742; however,
					 it may determine the time within which the hearing shall be commenced under
					 Rule 41(a) [Section
					 17241(a)]
					 below.
(e) A Request for Review
					 either shall clearly identify the Assessment or Notice from which review is
					 sought, including the date of the Assessment or Notice, or it shall include a
					 copy of the Assessment or Notice as an attachment. A Request for Review shall
					 also set forth the basis upon which the Assessment or Notice is being
					 contested. A Request for Review shall be liberally construed in favor of its
					 sufficiency; however, the Hearing Officer may require the Party seeking review
					 to provide a further specification of the issues or claims being contested and
					 a specification of the basis for contesting those matters.
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 and
						  1771.6(a),
						  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 17223 - Transmittal of Request for Review to Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within ten (10) days followings its receipt of a Request
						for Review, the Enforcing Agency shall transmit to the Office of the Director -
						Legal Unit, the Request for Review and copies of the Assessment or Notice of
						Withholding of Contract Wages, any Audit Summary that accompanied the
						Assessment or Notice, and a Proof of Service or other document showing the name
						and address of any bonding company or Surety entitled to notice under Rule
						20(a) [Section
						17220(a)] above.
						The Enforcing Agency shall transmit these items to the following
						address.
DEPARTMENT OF INDUSTRIAL RELATIONS
OFFICE OF THE DIRECTOR - LEGAL UNIT
ATTENTION: LEAD HEARING OFFICER
P.O. BOX 420603
SAN FRANCISCO, CA 94142-0603
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(a)
						  and
						  1771.6(a),
						  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 17224 - Disclosure of Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within ten (10) days following its receipt of a Request for Review, the
					 Enforcing Agency shall also notify the Affected Contractor or Subcontractor of
					 its opportunity and the procedures for reviewing evidence to be utilized by the
					 Enforcing Agency at the hearing on the Request for Review.
(b) An Enforcing Agency shall be deemed to
					 have provided the opportunity to review evidence required by this Rule if it
					 (1) gives the Affected Contractor or Subcontractor the option, at the Affected
					 Contractor or Subcontractor's own expense, to either (A) obtain copies of all
					 such evidence through a commercial copying service or (B) inspect and copy such
					 evidence at the office of the Enforcing Agency during normal business hours; or
					 if (2) the Enforcing Agency at its own expense forwards copies of all such
					 evidence to the Affected Contractor or Subcontractor.
(c) The evidence required to be provided
					 under this Rule shall include the identity of witnesses whose testimony the
					 Enforcing Agency intends to present, either in person at the hearing or by
					 declaration or affidavit. This provision shall not be construed as requiring
					 the Enforcing Agency to prepare or provide any separate listing of witnesses
					 whose identities are disclosed within the written materials made available
					 under subpart (a).
(d) The
					 Enforcing Agency shall make evidence available for review as specified in
					 subparts (a) through (c) within 20 days of its receipt of the Request for
					 Review;
provided that
, this deadline may be extended by
					 written request or agreement of the Affected Contractor or Subcontractor. The
					 Enforcing Agency's failure to make evidence available for review as required by
					 Labor Code section
					 1742(b)
					 and this Rule, shall preclude the Enforcing Agency from introducing such
					 evidence in proceedings before the Hearing Officer or the Director.
(e) This Rule shall not preclude the
					 Enforcing Agency from relying upon or presenting any evidence first obtained
					 after the initial disclosure of evidence under subparts (a) through (d),
provided that
, such evidence is promptly disclosed to the
					 Affected Contractor or Subcontractor. This Rule also shall not preclude the
					 Enforcing Agency from presenting previously undisclosed evidence to rebut new
					 or collateral claims raised by another Party 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
						  1742(b)
						  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 17225 - Withdrawal of Request for Review; Reinstatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Affected Contractor or Subcontractor
					 may withdraw a Request for Review by written notification at any time before a
					 decision is issued or by oral motion on the hearing record. The Hearing Officer
					 may grant such withdrawal by letter, order or decision served on the
					 Parties.
(b) For good cause, a
					 Request for Review so dismissed may be reinstated by the Hearing Officer or the
					 Director upon a showing that the withdrawal resulted from misinformation given
					 by the Enforcing Agency or otherwise from fraud or coercion. A motion for
					 reinstatement must be filed within 60 days of service of the letter, order or
					 decision granting withdrawal of the Request for Review or, in the event of
					 fraud which could not have been suspected or discovered with the exercise of
					 reasonable diligence, within 60 days of discovery of such fraud. The motion
					 shall be accompanied by a declaration containing a statement that any facts
					 therein are based upon the personal knowledge of the declarant.
(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: Sections
						  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 17226 - Dismissal or Amendment of Assessment or of Notice of Withholding of Contract Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Upon motion to the appointed Hearing Officer, an Enforcing Agency may dismiss
					 or amend an Assessment or Notice of Withholding of Contract Payments as
					 follows:
(1) An Assessment or Notice of
					 Withholding may be dismissed or amended to eliminate or reduce all or part of
					 any claim for wages, damages, or penalties that has been satisfied or that is
					 not warranted under the facts and circumstances of the case or to conform to an
					 order of the Hearing Officer or the Director.
(2) An Assessment or Notice of Withholding
					 may be amended to eliminate a claim for penalties as to the affected contractor
					 upon a determination that the affected contractor is not liable for same under
					 either Labor Code section
					 1775(b)
					 [subcontractor's failure to pay prevailing rate] or Labor Code section
					 1776 (g) [failure to comply with
					 request for certified payroll
					 records].
(3) For good cause, an Assessment or Notice
					 of Withholding of Contract Payments may be amended to revise or increase any
					 claim for wages, damages, or penalties based upon a recomputation or the
					 discovery of new evidence subsequent to the issuance of the original Assessment
					 or Notice.