California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 15 - Public List of Certain Port Drayage Motor Carriers and Customer Sharing of Liability Under Labor Code Section 2810.4 › Article 2 - Compilation and Maintenance of Public List of Port Drayage Motor Carriers › Section 13881 - Removal from Public List

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After a port drayage motor carrier has been placed on the
						public list, the Labor Commissioner shall remove the motor carrier from the
						list within 15 business days upon the following:
(a) The Labor Commissioner's Office
					 determines after review of submitted documents specified in subsections (1),
					 (2), and (3) that there has been full payment of an unsatisfied judgment or any
					 other final liability for all violations identified in Labor Code sections
					 2810.4(b)(1)(A)-(B)
					 or that the port drayage motor carrier has entered into an approved settlement
					 dispensing of the judgment or liability; or, in the case of a subsequent
					 liability against a prior offender, the prior offender prevailed in an appeal.
(1) A port drayage motor carrier shall
					 present such proof by submitting a written statement under penalty of perjury
					 stating the basis for removal of the listing, along with the accompanying
					 documentation specified in subsections (2) and (3), as applicable, by mail to
					 the Labor Commissioner's Office, Attn: SB 1402 Proof of Payment or Settlement,
					 1500 Hughes Way, Suite C-202, Long Beach, CA 90810, or electronically in pdf
					 format via email to:
SB1402@dir.ca.gov
.
(2) For purposes of sufficiently documenting
					 the payment or satisfaction of a judgment, tax assessment, or tax lien or a
					 citation or ODA, the port drayage motor carrier shall identify and provide the
					 documentation required under Section
					 13878, as applicable.
(3) For purposes of sufficiently documenting
					 a disposition regarding a port drayage motor carrier who is a prior offender
					 who prevailed on appeal from a subsequent non-final judgment or ruling or final
					 citation or ODA, the motor carrier shall identify and provide a conformed copy
					 of the final judgment, ruling, citation, tax assessment, tax, order, decision,
					 or award which indicates the final disposition on the appeal.
(4) The port drayage motor carrier shall also
					 provide documentation to show that violations of any labor or employment law or
					 regulation subject to a final judgment or final citation or ODA have been
					 sufficiently abated. This documentation shall include: a statement under
					 penalty of perjury that the port drayage motor carrier does not currently
					 engage in the labor practices identified as unlawful in the final judgment,
					 final citation or ODA, and a description of the steps the motor carrier took to
					 abate the violation(s). Subject to the Labor Commissioner's request, the agency
					 may determine whether an applicable violation was abated by reviewing any
					 documents the motor carrier is required to maintain under the Labor Code, wage
					 orders, or any other applicable law.