reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 1 - Scope, Coverage and Definitions › Section 13851 - Coverage; Exemption for Business Directly Recruiting Workers; Non-Employee Agents as Foreign Labor Contractors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The requirements set forth in this
					 subchapter shall apply to any person who performs as a Foreign Labor Contractor
					 and who is not exempt from coverage pursuant to this subchapter or Chapter 21.5
					 of Division 3 (commencing with section
					 9998) of the Business and
					 Professions Code.
(b) A person is
					 not required to be registered as a foreign labor contractor if the person who
					 directly solicits or recruits a foreign worker for employment is:
(1) the actual business employer who will
					 employ the foreign worker, or
(2)
					 an employee of the business employer who meets all of the following
					 requirements:
(A) The person is an employee of
					 the employer no later than the first day of engagement in, and at all times
					 during, soliciting or recruiting of foreign workers;
(B) The person provides soliciting or
					 recruiting services directly to foreign workers without using the services of
					 another person (who is not an employee of the employer) to perform a "foreign
					 labor contracting activity," as defined in B&P Code section
					 9998.1; and,
(C) The recruitment or solicitation
					 activities performed by the person are solely to find workers for the
					 employer's own use.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 2 - Registration › Section 13855 - Character, Competency and Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In determining whether an applicant
					 possesses satisfactory character, competency and responsibility, the Labor
					 Commissioner shall consider all information submitted in connection with the
					 application or otherwise obtained by the Labor Commissioner during the review
					 of an application. Information regarding past conduct, including criminal
					 history, substantially related to soliciting or recruiting activities, as
					 defined in section
					 13850, shall be examined to
					 determine an applicant's character, competency, and responsibility. Conduct or
					 conviction of a crime is substantially related to soliciting or recruiting
					 activities if it evidences present or potential unfitness of an applicant to
					 perform the functions authorized by the registration in a manner consistent
					 with the requirements of the Business and Professions Code. The conduct or
					 convictions considered substantially related to soliciting or recruiting shall
					 include, but not be limited to, the following:
(1) Any final determination regarding a
					 violation of a provision of the Business and Professions Code or applicable
					 regulations regulating any occupation which requires a permit, registration, or
					 license;
(2) Any criminal or civil
					 violations of the federal Trafficking Victims Protection Act of 2000, farm
					 labor contractor laws under Labor Code sections
					 1682 through
					 1699, and Penal
					 Code section
					 236.1;
(3) Any crimes or acts involving dishonesty,
					 fraud, deceit, or theft with the intent to substantially benefit oneself or
					 another or to substantially harm another;
(4) Any crimes or acts involving physical
					 violence or threats of physical violence, against persons; physical or
					 psychological force, coercion, trickery, or seizure of a person's
					 documents.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 2 - Registration › Section 13856 - Registration Certificate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon a determination by the Labor
					 Commissioner that the applicant has complied with all of the requirements set
					 forth in sections
					 13853,
					 13855, and
					 13857 of this subchapter, the Labor
					 Commissioner shall issue a Registration Certificate. The Labor Commissioner
					 will inform the registrant of the issuance of the Registration Certificate by
					 email, and a copy of the Registration Certificate will be mailed to the
					 registrant.
(b) A Registration
					 Certificate shall expire two (2) years from the date of issuance.
(c) The following information will be
					 included on the Registration Certificate:
(1)
					 Registrant name.
(2) Registrant
					 physical address and mailing address if different, and business telephone
					 number, as provided by applicant pursuant to section
					 13853(a)(3)-(4) of
					 this subchapter.
(3) Registration
					 Number.
(4) Dates of
					 validity.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 2 - Registration › Section 13857 - Surety Bond; Establishing Gross Income Receipts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The applicant shall file with the Labor
					 Commissioner a bond issued by a surety company duly authorized to do business
					 in the State of California. The bond shall be on a form provided by the Labor
					 Commissioner (DLSE 702, revised 5/2018), which is hereby incorporated by
					 reference, issued by a surety company authorized to issue bonds in California
					 which complies with the requirements of Business and Professions Code section
					 9998.1.5(b)(3).
(b) Amount of Bond.
(1) In determining the amount of the bond,
					 the foreign labor contractor shall provide to the Labor Commissioner the total
					 amount of gross receipts for the twelve (12) months prior to filing the
					 application.
(2) For the purpose of
					 this section, "gross receipts" means all amounts of income received by the
					 applicant, in the form of money, promissory notes, credit, or any other items
					 of value, for the sale or transfer of goods, or for services provided by the
					 applicant or its employees. In determining gross receipts, the applicant shall
					 not deduct from income receipts or adjust income receipts for any expenses,
					 including but not limited to the cost of material, labor, services, storage,
					 transportation, rent, utilities, interest on loans, insurance, taxes, and any
					 business losses.
(3) An applicant
					 shall, within a reasonable time and in no event more than fifteen (15) days
					 from the date of a request, provide any documents deemed necessary by the Labor
					 Commissioner for verifying gross income receipts. Failure to provide the
					 requested documentation or providing any false and misleading information
					 concerning gross income receipts shall constitute grounds for denial of the
					 application or renewal of registration.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 3 - Denial of Registration; Suspension and Revocation › Section 13858 - Actions on Applications and Registrations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant for registration who fails
					 to qualify for a registration pursuant to the terms specified in Article 2 is
					 subject to denial of their application for registration by the Labor
					 Commissioner.
(b) A registrant who
					 violates or fails to comply with the provisions of Chapter 21.5 of Division 3
					 of the Business and Professions Code (commencing with section
					 9998) or this subchapter applicable
					 to registrants, including the duties of contractors specified in this
					 subchapter, is subject to suspension or revocation of their
					 registration.
1. New
						article 3 (sections
						13858-13864) and section filed
						10-8-2018; operative 1-1-2019 (Register 2018, No.
						41).
Note: Authority cited: Section
						  9998.11,
						  Business and Professions Code. Reference: Sections
						  9998.1.5
						  and
						  9998.11,
						  Business and Professions Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 3 - Denial of Registration; Suspension and Revocation › Section 13859 - Notice of Denial, Suspension or Revocation; Notice of Defense

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Denial of an
					 application for registration and revocation or suspension of registration shall
					 be upon proper notice and upon hearing, if appealed. The appeal shall be
					 directed to the Labor Commissioner who shall assign the matter to a hearing
					 officer for hearing. The hearing shall be conducted according to the rules set
					 forth in this article, and except as specifically provided herein, the
					 provisions of Title 2, Division 3, Part 1, Chapter 5 of the Government Code
					 (commencing with Government code section
					 11500) shall not apply to these
					 proceedings.
(1) Proceedings to determine
					 whether a registration shall be revoked, suspended or conditioned shall be
					 initiated by filing an accusation. The accusation shall be a written statement
					 of charges which set forth in ordinary and concise language the acts or
					 omissions with which the registrant is charged, and shall specify the statutes
					 or rules which the registrant is alleged to have violated. The accusation shall
					 be verified unless made by a public officer acting in his or her official
					 capacity or by an employee of the Labor Commissioner's Office (Division of
					 Labor Standards Enforcement).
(2)
					 Proceedings to determine whether an initial or renewal application for
					 registration shall be denied shall be initiated by filing a statement of
					 issues. The statement of issues shall be a written statement specifying the
					 statutes and rules with which the applicant must show compliance by producing
					 proof at the hearing and, in addition, any particular matters that have come to
					 the attention of the initiating party that would authorize a denial of the
					 application for registration. The statement of issues shall be verified unless
					 made by a public officer acting in his or her official capacity or by an
					 employee of the Labor Commissioner's Office (Division of Labor Standards
					 Enforcement).
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 3 - Denial of Registration; Suspension and Revocation › Section 13860 - Failure to File Notice of Defense; Discovery; Notice of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The respondent
					 shall be entitled to a hearing on the merits if the respondent files a timely
					 notice of defense, and the notice shall be deemed a specific denial of all
					 parts of the accusation or statement of issues not expressly
					 admitted.
(b) If the respondent
					 either fails to file a notice of defense or to appear at the hearing, the Labor
					 Commissioner may take action based upon the respondent's express admissions or
					 upon other evidence, and declarations may be used as evidence without any
					 notice to respondent; and where the burden of proof is on the respondent to
					 establish that the respondent is entitled to the issuance or renewal of a
					 registration, the Labor Commissioner may proceed by default without scheduling
					 a hearing or taking evidence.
(c)
					 The provisions of Government Code section
					 11507.6
					 provide the exclusive right to and method of discovery as to any proceeding to
					 deny an application for registration or to revoke or suspend a registration. A
					 party shall have 20 days from the date of the mailing of the request for
					 discovery to provide the requested discovery to the requesting party. Any party
					 claiming non-compliance with a discovery request made under this section may
					 file with the hearing officer a motion to compel discovery. Any such motion
					 shall be served upon the party from whom discovery is sought within 15 days of
					 that party's failure or refusal to provide the discovery. The party against
					 whom discovery is sought may file a written response to the motion by filing
					 such response within 10 days of service of the motion. The motion may be
					 decided with or without a hearing, at the discretion of the hearing officer.
					 The order denying the motion, or granting the motion in whole or in part, shall
					 be in writing.
(d) The Labor
					 Commissioner shall deliver or mail a notice of hearing to all parties at least
					 10 days prior to the hearing. The notice of hearing shall be in substantially
					 the same form as set forth at Government Code section
					 11509, and
					 shall include notice of the right to request an interpreter for a party or
					 witness who cannot proficiently speak or understand English.
1. New
						section filed 10-8-2018; operative 1-1-2019 (Register 2018, No.
						41).
Note: Authority cited: Sections
						  9998.11,
						  Business and Professions Code. Reference: Sections
						  9998.1.5
						  and
						  9998.11,
						  Business and Professions Code; and Sections
						  11425.50,
						  11505,
						  11514 and
						  11507.6,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 3 - Denial of Registration; Suspension and Revocation › Section 13861 - Conduct of Hearing; Rules of Evidence; Role of Hearing Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing
					 shall be presided over by a hearing officer appointed by the Labor
					 Commissioner. A contested hearing shall be conducted in accordance with the
					 procedures set forth in sections
					 13860 through
					 13862, inclusive, of this
					 subchapter.
(b) The hearing need
					 not be conducted according to the technical rules of evidence 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, except that the rules of privilege shall be
					 effective to the extent that they are otherwise required by statute to be
					 recognized at the hearing.
(c)
					 Hearsay evidence may be used to supplement or explain other evidence, but shall
					 not of itself be sufficient to support a finding. An objection is timely if
					 made before submission of the case.
(d) The hearing officer appointed by the
					 Labor Commissioner who presides over the hearing, in exercising sound
					 discretion, may control the order of presentation of evidence at the hearing;
					 keep out repetitive and cumulative evidence; and otherwise rule out
					 evidence.
1. New
						section filed 10-8-2018; operative 1-1-2019 (Register 2018, No.
						41).
Note: Authority cited: Section
						  9998.11,
						  Business and Professions Code. Reference: Section
						  9998.11,
						  Business and Professions Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 3 - Denial of Registration; Suspension and Revocation › Section 13862 - Rights of Parties at Hearing; Taking of Evidence; Rules of Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each party to a
					 hearing shall have the right to appear in person and by counsel; to call and
					 examine witnesses and cross-examine 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; to rebut evidence; and to introduce documentary exhibits
					 and other evidence.
(b) Oral
					 evidence shall be taken only on oath and affirmation.
(c) Declarations may be admitted into
					 evidence at a contested hearing in accordance with the procedure for admitting
					 affidavits set forth at Government Code section
					 11514.
(d) The hearing proceedings shall be
					 electronically recorded. In lieu of or supplemental to an electronic recording,
					 the hearing officer shall allow a party to have the proceedings transcribed by
					 a court reporter, provided that the court reporter furnish the Labor
					 Commissioner with a certified copy of the transcript as soon as it is prepared,
					 and that the party requesting that the proceedings be transcribed pay the cost
					 of all transcripts.
(e) At any time
					 before the matter is submitted for decision, the Labor Commissioner may file or
					 permit the filing of an amended or supplemental accusation or statement of
					 issues. If the amended or supplemental accusation or statement of issues
					 presents new charges, the Labor Commissioner shall afford the respondent a
					 reasonable opportunity to prepare a defense thereto. Any new charges shall be
					 deemed controverted, and any objections to the amended or supplemental
					 accusation or statement of issues may be made orally during the
					 hearing.
1. New
						section filed 10-8-2018; operative 1-1-2019 (Register 2018, No.
						41).
Note: Authority cited: Section
						  9998.11,
						  Business and Professions Code. Reference: Section
						  9998.11,
						  Business and Professions Code; and Section
						  11514,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 3 - Denial of Registration; Suspension and Revocation › Section 13863 - Proposed Decision; Decision of Labor Commissioner; Judicial Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing
					 officer shall prepare a written proposed decision based on the record of the
					 proceedings, including the hearing, which shall contain a statement of the
					 factual and legal basis of the decision, as provided in Government Code section
					 11425.50.
					 Within 45 days of the conclusion of the hearing, the hearing officer shall
					 transmit the proposed decision to the Labor Commissioner, or his or her
					 designee, who may either:
(1) Adopt the
					 proposed decision in its entirety, or
(2) Modify any part of the proposed decision,
					 including the order, or
(3) Remand
					 the case to the hearing officer for further proceedings. Within 60 days of the
					 conclusion of the hearing, copies of the Labor Commissioner's decision, and the
					 hearing officer's proposed decision attached thereto, shall be delivered to the
					 parties personally or sent to them by certified mail. The decision shall become
					 effective 30 days after it is delivered or mailed to the respondent, unless the
					 decision provides for an earlier date, or a stay of execution has been granted
					 by the Labor Commissioner. A stay of execution may be included in the decision
					 or granted by the Labor Commissioner at any time before the decision becomes
					 effective, and may be accompanied by an express condition that the respondent
					 comply with specified conditions or terms of probation.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 3 - Denial of Registration; Suspension and Revocation › Section 13864 - Periods of Suspension or Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Labor Commissioner may in his or her
					 discretion determine whether a registration will be suspended or revoked based
					 on a review of the circumstances related to a registration. Unless there is a
					 specific determination that the circumstances justify a different period, the
					 following periods may be imposed.
(b) Suspension periods shall be between 30 to
					 90 days if one of the violations or grounds for disqualification or discipline
					 relates to the failure to disclose required information to a worker or the
					 Labor Commissioner; 3-6 months if two of the violations or grounds relate to
					 the failure to disclose required information to a worker or the Labor
					 Commissioner and 6 months to 1 year if three or more of the violations or
					 grounds relate to the failure to disclose required information to a worker or
					 the Labor Commissioner.
(c)
					 Revocation shall be between 6 months to 2 years if the contractor is found to
					 have committed fraud toward a worker in connection with performing any foreign
					 labor contracting activity or made a material misrepresentation in connection
					 with an application.
(d) A
					 contractor whose registration is revoked under this section may apply for a new
					 registration upon expiration of a revocation which is for a specified period.
					 An application for new registration shall be denied unless all judgments and
					 settlement agreements related to any failure to comply with laws applicable to
					 foreign labor contractors are satisfied.
1. New
						section filed 10-8-2018; operative 1-1-2019 (Register 2018, No.
						41).
Note: Authority cited: Section
						  9998.11,
						  Business and Professions Code; Reference: Sections
						  9998.1.5,
						  9998.2.5,
						  9998.3,
						  9998.7
						  and
						  9998.11,
						  Business and Professions Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 4 - Disclosure to Labor Commissioner of Use of Foreign Labor Contractor › Section 13865 - Employer Disclosure to Labor Commissioner of Use of Foreign Labor Contractor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person who knows or should have known
					 that he, she, or it is using the services of a person who performs foreign
					 labor contracting activities pursuant to Business and Professions Code
					 9998.1(b) shall make the disclosures required in this article. Evidence of an
					 employing person's knowledge of a foreign labor contractor's registration
					 status includes but is not limited to, the foreign labor contractor's actual
					 registration status during the period of the contract, as reflected on the
					 registry list at DLSE's website.
(b) Definitions. For purposes of this
					 article:
(1) A person "knows" of the use of
					 services of a foreign labor contractor within the meaning of B&P Code
					 section 9998.2(a) if the
					 person willfully or intentionally uses another person to solicit or recruit a
					 foreign worker for employment and the foreign worker was not recruited or
					 solicited by the employing person or an employee of the employing person. A
					 person who employs or otherwise compensates a foreign worker for their labor
					 but did not directly, or through an authorized employee, solicit or recruit a
					 foreign worker, is deemed to have willfully or intentionally used a contractor
					 for purposes of requiring disclosure under this section.
(2) A person "should have known" of the use
					 of services of a foreign labor contractor within the meaning of B&P Code
					 section 9998.2(a) if the
					 person satisfies any of the following:
(A)
					 Fails to exercise reasonable diligence in determining the registration status
					 of any other person who solicited or recruited a foreign worker who is offered
					 or promised employment by the employing person or an authorized employee of the
					 employing person.
(B) Employs or
					 otherwise compensates a foreign worker for their labor where the worker was
					 solicited or recruited by another person who is not the employing person or an
					 employee of the employing person and a reasonable prudent person undertaking a
					 regulated activity under the circumstances could ascertain the role of another
					 person who solicited or recruited the foreign worker.
(3) A person who uses the services of a
					 foreign labor contractor for the purpose set forth in subdivision (b)(1) of
					 this section is the employing person. "Employing person" means the person who
					 is an "employer" within the meaning of B&P Code §
												9998.1(b) who will
					 employ or otherwise compensate a foreign worker for labor
					 services.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 4 - Disclosure to Labor Commissioner of Use of Foreign Labor Contractor › Section 13866 - Validity and Duration of Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Disclosure made pursuant to section
						13865 of this article shall be
						valid for one year from the date of disclosure, absent any changes to the
						information previously provided pursuant to section
						13865(c) of this
						article, which shall be reported by amendment pursuant to section
						13867.
1. New
						section filed 10-8-2018; operative 1-1-2019 (Register 2018, No.
						41).
Note: Authority cited: Section
						  9998.11,
						  Business and Professions Code; Reference: Sections
						  9998.2
						  and
						  9998.11,
						  Business and Professions Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 4 - Disclosure to Labor Commissioner of Use of Foreign Labor Contractor › Section 13867 - Amended Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If any of the information disclosed
					 pursuant to sections
					 13865(c)(1) through
					 (c)(3), inclusive, changes following the
					 submission of an initial disclosure, the employing person shall complete, sign
					 and submit an amended disclosure (DLSE 704 A) to the Labor Commissioner by
					 email at
foreignlaborcon@dir.ca.gov
or by mail to:
					 California Labor Commissioner, Licensing & Registration-FnLC, 1515 Clay
					 Street, Suite 401, Oakland, CA 94612, within fifteen (15) days of the
					 change.
(b) The amended disclosure
					 (DLSE 704 A) shall identify the name of the employer (legal and "doing business
					 as" names, if different), the date on the initial or previous disclosure
					 submitted, indicate what information provided pursuant to section
					 13865(c) of this
					 subchapter has changed, and shall provide updated information for each
					 identified category of information that has changed.
1. New
						section filed 10-8-2018; operative 1-1-2019 (Register 2018, No.
						41).
Note: Authority cited: Section
						  9998.11,
						  Business and Professions Code; Reference: Sections
						  9998.2
						  and
						  9998.11,
						  Business and Professions Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 4 - Disclosure to Labor Commissioner of Use of Foreign Labor Contractor › Section 13868 - Contracting with an Unregistered Foreign Labor Contractor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be unlawful for an employing person to
						knowingly, directly or indirectly, enter into an agreement to recruit or
						solicit foreign guest workers with a foreign labor contractor who has not
						registered with the Labor Commissioner pursuant to the regulations set forth in
						this subchapter. Knowledge may be established where the employing person
						(employer) has actual knowledge that the contractor is not registered or where
						the person should have known that the contractor was not registered under
						particular circumstances which includes, but is not limited to, a failure by
						the person or employee of the person to reasonably exercise due diligence in
						view of the contractor registration requirement and the prohibited use of an
						unregistered contractor.
1. New
						section filed 10-8-2018; operative 1-1-2019 (Register 2018, No.
						41).
Note: Authority cited: Section
						  9998.11,
						  Business and Professions Code; Reference: Sections
						  9998.2,
						  9998.8
						  and
						  9998.11,
						  Business and Professions Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 5 - Prohibited Fees & Costs; Post-Hire Costs and Expenses; Disclosures to Foreign Worker by Contractor › Section 13871 - Recruitment Fees and Costs Prohibited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A foreign labor contractor, on their own behalf or on
						behalf of an employer or any other third party, shall not, either directly or
						indirectly, charge, assess, collect, request, or demand any amount which
						constitutes a recruitment fee, as defined in Section
						13870, or otherwise create,
						request, or demand any financial obligation or indebtedness upon a foreign
						worker which relates to any foreign labor contracting activity, as defined in
						B&P Code section
						9998.1(b) which
						includes "soliciting" or "recruiting" activities, as defined in Section
						13850 of this
						subchapter.
1. New
						section filed 10-8-2018; operative 1-1-2019 (Register 2018, No.
						41).
Note: Authority cited: Section
						  9998.11,
						  Business and Professions Code; Reference: Sections
						  9998.1,
						  9998.2.5
						  and
						  9998.11,
						  Business and Professions Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 5 - Prohibited Fees & Costs; Post-Hire Costs and Expenses; Disclosures to Foreign Worker by Contractor › Section 13872 - Other Fees, Costs, and Expenses Prohibited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A foreign worker hired or selected to work for an
						employer in California shall not be charged or otherwise be required to pay any
						costs or expenses prior to commencement of work. Nor shall a worker be required
						to pay any costs or expenses which are not customarily assessed against workers
						similarly employed in the United States.
1. New
						section filed 10-8-2018; operative 1-1-2019 (Register 2018, No.
						41).
Note: Authority cited: Section
						  9998.11,
						  Business and Professions Code; Reference: Sections
						  9998.1,
						  9998.2.5
						  and
						  9998.11,
						  Business and Professions Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 5 - Prohibited Fees & Costs; Post-Hire Costs and Expenses; Disclosures to Foreign Worker by Contractor › Section 13873 - Potentially Allowable Post-Hire Costs and Expenses to be Itemized and Disclosed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A contractor shall identify and disclose
					 to a worker in the manner specified in Section
					 13874, any and all costs or
					 expenses, including amounts, if any, charged to the worker while working in the
					 state, including for items listed in B&P Code section
					 9998.2.5, as long as these costs,
					 expenses, or deductions are customarily assessed against similarly-employed
					 workers in the United States and permitted under governing state and federal
					 law.
(b) If there is no amount to
					 be charged, the disclosure shall indicate "none."
1. New
						section filed 10-8-2018; operative 1-1-2019 (Register 2018, No.
						41).
Note: Authority cited: Section
						  9998.11,
						  Business and Professions Code; Reference: Sections
						  9998.1,
						  9998.2.5,
						  9998.8
						  and
						  9998.11,
						  Business and Professions Code.
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 13876 - Sources of Information and Requests for Internet Webpage Posting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Labor
					 Commissioner's Office shall include on the public internet webpage an
					 unsatisfied final court judgment, tax assessment, or tax lien, resulting in a
					 finding of a port drayage motor carrier's unlawful conduct specified in Labor
					 Code section
					 2810.4(b)(1)(A),
					 from the following sources:
(1) Labor
					 Commissioner citations, Labor Commissioner orders, decisions or awards, or any
					 other legal action brought by the Labor Commissioner.
(2) Other public entities that provide
					 essential information regarding an unsatisfied final court judgment, or a
					 publicly-available tax assessment or tax lien for a port drayage motor carrier
					 who submit such information to the Labor Commissioner's Office in accordance
					 with subsection (c) of this section.
(3) A private party who, personally or
					 through their authorized representative, provides essential information
					 regarding an unsatisfied final judgment in accordance with subsection (c) of
					 this section.
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 13877 - Notice to Port Drayage Motor Carriers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the notice requirements in Labor Code
						section
						2810.4(b)(2),
						the notice that the Labor Commissioner's Office will provide to port drayage
						motor carriers prior to posting their names, addresses, and other essential
						information on the Labor Commissioner's internet webpage will notify recipients
						of the following:
(a) The fact that
					 the Labor Commissioner is required to maintain a public list on the Labor
					 Commissioner's internet webpage pursuant to Labor Code section
					 2810.4.
(b) The basis for the port drayage motor
					 carrier's identification for inclusion on the list.
(c) The information contained in Sections
					 13878 through
					 13881, which detail the ways in
					 which the port drayage motor carrier can either avoid placement on the public
					 list or request removal from the public list.
1. New
						section filed 2-16-2022; operative 4-1-2022 (Register 2022, No. 7).
						(Transmission deadline specified in Government Code section
						11346.4(b)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-71-20.)
Note: Authority cited: Section
						  2810.4, Labor
						  Code. Reference: Section
						  2810.4, Labor
						  Code.
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 13879 - Labor Commissioner Disposition of Responses Timely Received

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the port
					 drayage motor carrier provides a timely response as required by section
					 13878 no later than 15 business
					 days from the date of the notice, the motor carrier will not be placed on the
					 public list pending the Labor Commissioner's determination of whether the motor
					 carrier presented adequate proof that the judgment, assessment, or lien has
					 been satisfied, or proof of an approved settlement dispensing of the judgment,
					 assessment, or lien.
(b) The Labor
					 Commissioner will inform the port drayage motor carrier by letter:
(1) If the port drayage motor carrier will
					 not be placed on the list with respect to a specific judgment, assessment, or
					 lien because sufficient proof has been provided demonstrating that the
					 judgment, assessment, or lien identified has been satisfied or settled.
					 However, port drayage motor carriers with more than one judgment, assessment,
					 or lien who fail to present sufficient proof that all outstanding judgments,
					 assessments, or liens have been satisfied will be placed on the public
					 list.
(2) If the port drayage motor
					 carrier will be placed on the public list because the motor carrier entered
					 into a settlement agreement but the Labor Commissioner's Office has determined
					 that a settlement payment (including any installment payment) has not been
					 timely made according to the terms of the settlement agreement.
(3) If the port drayage motor carrier will be
					 placed on the public list because the Labor Commissioner's Office determines
					 that the motor carrier has not provided sufficient proof that the judgment,
					 assessment, or lien identified has been satisfied or
					 settled.
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 13880 - Labor Commissioner Disposition Where NO Timely Response or NO Response Received

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
					 a port drayage motor carrier does not provide a response as required by section
					 13878 within 15 business days from
					 the date of the notice, then the port drayage motor carrier will be placed on
					 the public list.
(b) After being
					 placed on the public list:
(1) The port
					 drayage motor carrier will not receive any additional notice from the Labor
					 Commissioner's Office; and
(2) The
					 port drayage motor carrier will continue to appear on the list until it
					 complies with Labor Code section
					 2410.4(b)(1)(D),
					 including submitting evidence to the Labor Commissioner as specified in section
					 13881 that it has satisfied the
					 judgment, tax assessment, tax lien, final citation or ODA, or entered into an
					 approved settlement agreement dispensing of the liability which is the subject
					 of the posting on the list and the Labor Commissioner makes a determination
					 that it no longer qualifies for posting on the list under Labor Code section
					 2810.4.
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 13882 - Notice to Port Drayage Motor Carrier Successors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to the information contained
					 in Sections
					 13878 through
					 13881 and the notice requirements
					 of Labor Code section
					 2810.4(b)(2),
					 the Labor Commissioner's Office shall notify port drayage motor carrier
					 successors of the following:
(1) That the port
					 drayage motor carrier has been identified as a successor to the predecessor
					 port drayage motor carrier listed in the notice with an unsatisfied final court
					 judgment, tax assessment, or tax lien based on one or more of the criteria for
					 a successor as defined in Section
					 13875(e).
(2) That the port drayage motor carrier may
					 request an informal hearing on the matter of successorship before the Labor
					 Commissioner, by submitting a request in writing that shall expressly identify
					 the dispute as to successorship.
(3) That all responses to the notice must be
					 postmarked or emailed in pdf format no later than 15 business days of the date
					 of the notice from the Labor Commissioner.
(4) That if the successor does not complete
					 and submit the request in writing and accompanying documentation or submit a
					 request for hearing within 15 business days from the date of the notice to the
					 same mailing address or email address in pdf format, the successor:
(A) Will be placed on the public
					 list;
(B) Will not receive any
					 additional notice from the Labor Commissioner's Office; and
(C) Will continue to appear on the list until
					 such time as the Labor Commissioner determines the successor or its predecessor
					 should be removed from the list.
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 3 - Hearing Procedures, Judicial Review › Section 13883 - Hearing Regarding Determination of Port Drayage Motor Carrier Successor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Initial
					 Placement on the Public List of a Successor.
(1) After a port drayage motor carrier that
					 has been identified as a successor to a predecessor port drayage motor carrier
					 with an unsatisfied final court judgment, tax assessment, or tax lien receives
					 the notice described in Section
					 13882 and submits a timely request
					 for hearing within 15 business days of date of the notice, the Labor
					 Commissioner will assign the matter to a hearing officer for hearing. The
					 proceeding under this section is an informal hearing conducted in accordance
					 with the adjudication provisions of the Administrative Procedure Act, Chapters
					 4.5 and 5 (commencing with Section
					 11400) of Part 1 of Division 3 of
					 Title 2 of the Government Code, and the rules set forth in this article. Except
					 as specifically provided herein, the provisions of Title 2, Division 3, Part 1,
					 Chapter 5 of the Government Code (commencing with Government Code section
					 11500)
					 shall not apply to these proceedings.
(2) The subject matter of the hearing
					 includes whether the port drayage motor carrier is an entity or individual who
					 succeeds in the interest and operation of the predecessor port drayage motor
					 carrier as defined in Section
					 13875(e). The
					 Labor Commissioner will present evidence of successorship. The request for
					 hearing will be deemed to dispute the Labor Commissioner's successorship
					 determination. If the request is timely made within 15 business days of the
					 date of notice pursuant to section
					 13882, the successor will not be
					 placed on the public list until a determination has been made on successorship
					 after a hearing conducted in accordance with the procedures set forth in this
					 article, and such hearing decision is final.
(3) Subpoenas and subpoenas duces tecum may
					 be issued for the attendance of witnesses at the hearing, and for the
					 production of documents at any reasonable place and time or at a hearing, in
					 accordance with the procedures set forth at Government Code sections
					 11450.05
					 to
					 11450.50.
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 3 - Hearing Procedures, Judicial Review › Section 13884 - Rights of Parties at Hearing; Taking of Evidence; Rules of Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each party to a
					 hearing shall have the right to appear in person and by counsel; to call and
					 examine witnesses and cross-examine 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; to rebut evidence; and to introduce documentary exhibits
					 and other evidence.
(b) Oral
					 evidence shall be taken on oath and affirmation.
(c) The hearing proceedings shall be
					 electronically recorded. In lieu of or supplemental to an electronic recording,
					 the hearing officer shall allow a party to have the proceedings transcribed by
					 a court reporter, provided that the court reporter furnish the Labor
					 Commissioner with a certified copy of the transcript as soon as it is prepared,
					 and that the party requesting that the proceedings be transcribed pay the cost
					 of all transcripts.
1. New
						section filed 2-16-2022; operative 4-1-2022 (Register 2022, No. 7).
						(Transmission deadline specified in Government Code section
						11346.4(b)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-71-20.)
Note: Authority cited: Section
						  2810.4, Labor
						  Code. Reference: Section
						  2810.4, Labor
						  Code.