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(6) A Secondary credential issued under the provisions of the Education Code in effect prior to the enactment of the Ryan Act, (former Education Code Sections 13101 et seq., commonly known as the Fisher Act; a so-called "Standard Credential"), in one of the following subject areas: English, Math, Social Science, Science or Foreign Language;
(7) A General Secondary Teaching credential or a Special Secondary Teaching credential in Speech Arts issued under the provisions of the Education Code in effect prior to the enactment of the Fisher Act (former Education Code Sections 12025 et seq., as amended; a so-called "General Credential").
(e) A studio teacher who already possesses a certification by the Labor Commissioner and who possesses only one of the credentials listed in subsections (1) through (7) of subsection (d) above may continue to be certified by the Labor Commissioner, provided that the applicant provides sufficient evidence to the Labor Commissioner that the applicant is currently in the process of obtaining a second credential to meet the requirements of subsection (a) above and such credential is obtained by the applicant no later than December 31, 2000. After December 31, 2000, no person shall be permitted to continue to be certified as a studio teacher who has not obtained two credentials of a type provided for in subsections (d)(1), (2), (3), or (4) and subsection (d)(5), (6), or (7) of this section.
(f) The Labor Commissioner may issue a special certificate as a studio teacher for a limited purpose where is it shown that a particular child actor may benefit from a particular applicant who may hold credentials of a special nature in order to meet the particular needs of that child actor. Studio teachers holding special certificates do not count toward satisfying the studio teacher to minor ratios specified in Section 11755.2.
Note: Authority cited: Sections 54, 55, 59, 1308.5, 1308.6 and 1398, Labor Code. Reference: Sections 1308.6 and 1396, Labor Code.
s 11755.1. Filing Schedule.
(a) Within sixty (60) calendar days of receiving an application, the Labor Commissioner shall inform the applicant in writing that either:
(1) the application is complete and accepted for filing, or
(2) the application is incomplete, specifying the information required to correct the deficiency.
(b) Within forty-five (45) calendar days of accepting a complete application, the Labor Commissioner shall inform the applicant in writing of the decision on the application.
(c) The following information is provided pursuant to Government Code Section 15376. During the past two years, the Division's time periods for processing an application from the receipt of the initial application to the final issuance or denial of certification were as follows:
(1) The median time was fifty (50) calendar days;
(2) The minimum time was thirty (30) calendar days;
(3) The maximum time was one hundred thirty-five (135) calendar days.
Note: Authority cited: Section 15376, Government Code Code. Reference: Section 15376, Government Code.
s 11755.2. Use of Studio Teachers.
Employers shall provide a studio teacher on each call for minors from age fifteen (15) days to their sixteenth (16th) birthday (age sixteen (16)), and for minors from age sixteen (16) to age eighteen (18) when required for the education of the minor. One (1) studio teacher must be provided for each group of ten (10) minors or fraction thereof. With respect to minors age fifteen (15) days to age sixteen (16), one (1) studio teacher must be provided for each group of twenty (20) minors or fraction thereof on Saturdays, Sundays, holidays, or during school vacation periods.
Note: Authority cited: Sections 55, 59 and 1398, Labor Code. Reference: Section 1396, Labor Code.
s 11755.3. Studio Teacher's Authority.
The studio teacher, in addition to teaching, shall also have responsibility for caring and attending to the health, safety and morals of minors under sixteen (16) years of age for whom they have been provided by the employer, while such minors are engaged or employed in any activity pertaining to the entertainment industry and subject to these regulations. In the discharge of these responsibilities, the studio teacher shall take cognizance of such factors as working conditions, physical surroundings, signs of the minor's mental and physical fatigue, and the demands placed upon the minor in relation to the minor's age, agility, strength and stamina. The studio teacher may refuse to allow the engagement of a minor on a set or location and may remove the minor therefrom, if in the judgment of the studio teacher, conditions are such as to present a danger to the health, safety or morals of the minor. Any such action by the studio teacher may be immediately appealed to the Labor Commissioner who may affirm or countermand such action.
Note: Authority cited: Sections 55, 59 and 1398, Labor Code. Reference: Section 1396, Labor Code.
s 11755.4. Studio Teacher's Remuneration.
The remuneration of the studio teacher shall be paid by the employer.
Note: Authority cited: Sections 55, 59 and 1398, Labor Code. Reference: Section 1396, Labor Code.
s 11756. Employers Taking Minors of Compulsory School Age from California to Work on Location in Another State.
When minors resident in the State of California and employed by an employer in the entertainment industry located in the State of California, are taken from the State of California to work on location in another state, as part of, and pursuant to, contractual arrangements made in the State of California for their employment in the entertainment industry, the child labor laws of California and the regulations based thereon shall be applicable, including, but not limited to, the requirement that a studio teacher must be provided for such minor in accordance with Section 11755.1.
Note: Authority cited: Sections 55, 59, 1311 and 1398, Labor Code. Reference: Sections 1311 and 1398, Labor Code.
s 11757. Presence of Parents or Guardians of Minors Under Sixteen (16) Years of Age.
A parent or guardian of a minor under sixteen (16) years of age must be present with, and accompany, such minor on the set or location and be within sight or sound of said minor at all times.
Note: Authority cited: Sections 55, 59 and 1398, Labor Code. Reference: Section 1396, Labor Code.
s 11758. Sanctions for Violation of the Labor Code or Regulations.
Any misdemeanor violation of any Labor Code provision respecting child labor, or any violation of these regulations may constitute grounds for denying a Permit to Employ Minors in the entertainment industry, or for suspending or revoking any such permit.
Note: Authority cited: Sections 55, 59 and 1311, Labor Code. Reference: Sections 1303, 1308 and 1309, Labor Code.
s 11758.1. Other Grounds for Denial, Suspension or Revocation of Permit.
(a) It shall also constitute grounds for denial of the issuance or renewal, or suspension or revocation of a Permit to Employ Minors in the Entertainment Industry for any permit holder or authorized agent or representative of such holder to discharge or in any manner discriminate against any studio teacher because such studio teacher either:
(1) made any oral or written complaint to the Division or the permit holder, its agents, representatives or employees, that conditions on the set or location were dangerous to the health, safety or morals of minors employed on said set or location; or
(2) took any action to preclude, suspend or terminate the employment of minors on a set or location for reasons of health, safety, or morals of the minors.
Note: Authority cited: Sections 55, 59, 1311 and 1398, Labor Code. Reference: Section 1308, Labor Code.
s 11758.2. Appeal Rights of Permit Holder or Applicant upon Denial, Suspension or Revocation of Permit.
(a) Any applicant for the issuance or renewal of a Permit to Employ Minors in the Entertainment Industry who has been denied the issuance or renewal thereof, or any permit holder whose permit has been suspended or revoked by a duly authorized representative of the Labor Commissioner may appeal any such action directly to the Labor Commissioner.
(b) Before denying, suspending or revoking any such permit hereunder, the Labor Commissioner shall afford the applicant or holder thereof an opportunity to request a hearing. Any such hearing on appeal of a denial of permit or on the proposed suspension or revocation of such permit, shall be conducted in accordance with Chapter 5 of Part I of Division 3 of Title 2 of the Government Code (Sections 11500 et seq.) and the Labor Commissioner shall have all the powers granted therein.
Note: Authority cited: Sections 55, 59, 1311 and 1398, Labor Code. Reference: Sections 11501, 11503 and 11504, Government Code.
s 11759. Travel Time for Minors Employed in the Entertainment Industry.
(a) Except as provided in subsection (b) of this section, all time spent in traveling from a studio to a location or from a location to a studio shall count as part of the working day of a minor.
(b) When a minor with a company on a location which is sufficiently distant to require an overnight stay is required to travel daily between living quarters and the place where the company is actually working, the time spent by the minor in such traveling will not count as work time, provided the company does not spend more than forty-five (45) minutes traveling each way and furnishes the necessary transportation. This is a general rule and subject to reasonable changes by the studio teacher. Factors such as working and transportation conditions, and ages of minors shall be considered by the studio teacher in making any such decision.
Note: Authority cited: Sections 55, 59 and 1398, Labor Code. Reference: Section 1396, Labor Code.
s 11760. Working Hours of Minors.
The amount of time minors are permitted at the place of employment within a twenty-four (24) hour period is limited according to age, as follows:
(a) Babies who have reached the age of fifteen (15) days but have not reached the age of six (6) months may be permitted to remain at the place of employment for a maximum of two (2) hours.
(1) The day's work shall not exceed twenty (20) minutes and under no conditions shall the baby be exposed to light of greater than one hundred (100) foot candlelight intensity for more than thirty (30) seconds at a time.
(2) When babies between the age of fifteen (15) days and six (6) weeks of age are employed, a nurse and a studio teacher must be provided for each three (3) or fewer babies. When infants from age six (6) weeks to six (6) months are employed, one (1) nurse and one (1) studio teacher must be provided for each ten (10) or fewer infants.
(b) Minors who have reached the age of six (6) months but who have not attained the age of two (2) years may be permitted at the place of employment for a maximum of four (4) hours. Such four (4)-hour period shall consist of not more than two (2) hours of work; the balance of the four (4)-hour period shall be rest and recreation.
(c) Minors who have reached the age of two (2) years but who have not attained the age of six (6) years may be permitted at the place of employment for a maximum of six (6) hours. Such six (6)-hour period shall consist of not more than three (3) hours of work; the balance of the six (6)-hour period shall be rest and recreation and/or education.
(d) Minors who have reached the age of six (6) years but have not attained the age of nine (9) years may be permitted at the place of employment for a maximum of eight (8) hours. Such eight (8)-hour period shall consist of not more than four (4) hours of work and at least three (3) hours of schooling when the minor's school is in session. The studio teacher shall assure that the minor receives up to one (1) hour of rest and recreation. On days when the minor's school is not in session, working hours may be increased to six (6) hours, with one (1) hour of rest and recreation.
(e) Minors who have reached the age of nine (9) years but who have not attained the age of sixteen (16) years may be permitted at the place of employment for a maximum of nine (9) hours. Such nine (9)-hour period shall consist of not more than five (5) hours of work and at least three (3) hours of schooling when the minor's school is in session. The studio teacher shall assure that the minor receives at least one (1) hour of rest and recreation. On days when the minor's school is not in session, working hours may be increased to seven (7) hours, with one (1) hour of rest and recreation.
(f) Minors who have reached the age of sixteen (16) years but who have not attained the age of eighteen (18) years may be permitted at the place of employment for a maximum of ten (10) hours. Such ten (10)-hour period shall consist of not more than six (6) hours of work and at least three (3) hours of schooling when the minor's school is in session, and one (1) hour of rest and recreation. On days when school is not in session, working hours may be increased to not more than eight (8) hours, with one (1) hour of rest and recreation.
(g) If emergency situations arise, for example, early morning or night exteriors shot as exteriors, live television or theatrical productions presented after the hours beyond which a minor may not work as prescribed by law, a request may be made to the Labor Commissioner for permission for the minor to work earlier or later than such hours. Each request shall be considered individually by the Division and must be submitted in writing at least forty-eight (48) hours prior to the time needed.
(h) When any minor between ages fourteen (14) and eighteen (18) obtains permission from school authorities to work during school hours for a period not to exceed two (2) consecutive days, the working hours for such minor during either or both of such days may be extended to but shall not exceed eight (8) hours in twenty-four (24) hours.
(i) Twelve (12) hours must elapse between the minor's time of dismissal and time of call on the following day. If the minor's regular school starts less than twelve (12) hours after his or her dismissal time, the minor must be schooled the following day at the employer's place of business.
Note: Authority cited: Sections 55, 59 and 1398, Labor Code. Reference: Sections 1391 and 1396, Labor Code.
s 11761. Meal Period for Minors.
All hours for the minor at the place of employment are exclusive of the meal period. The working day may not be extended by a meal period longer than one half (1/2) hour.
Note: Authority cited: Sections 55, 59 and 1398, Labor Code. Reference: Section 1396, Labor Code.
s 11762. Minor's General Supervision by Studio Teacher; Minor's Accompaniment by Parent or Guardian Required for Certain Purposes Under Specified Conditions.
No minor under the age of sixteen (16) may be sent to wardrobe, make-up, hairdressing or employed in any manner unless under the general supervision of a studio teacher. If any such minor is not called to the set but is called for a period up to one (1) hour into wardrobe, make-up, hairdressing, promotional publicity, personal appearances, or for audio recording, when such minor's school is not in session, a studio teacher need not be present but the minor must be accompanied by a parent or guardian.
Note: Authority cited: Sections 55, 59 and 1311, Labor Code. Reference: Section 1396, Labor Code.
s 11763. Work Time.
All time spent in make-up or hairdressing in the homes of minors with the assistance of other persons employed in connection therewith, shall be counted as work time. No make-up person or hairdresser shall be permitted to work on minors at home before 8:30 a.m. In every case, 12 hours must elapse between the time the minor is dismissed on one day and the time make-up or hairdressing begins on the following day.
s 11764. Work Time for Infants -Medical Examination.
Infants under six months of age shall not be given medical examinations except between the hours of 9:30 a.m. and 11:30 a.m. or between 2:30 p.m. and 4:30 p.m. Work time for said infants shall be limited to one period of two consecutive hours in any one day, and such period must be either between 9:30 a.m. and 11:30 a.m. or between 2:30 p.m. and 4:30 p.m.
s 11765. Care of Children.
If children are dismissed early and are not to be picked up for several hours, they shall be under the supervision of a teacher-welfare worker until picked up or until such time as they may be placed under the care of some other responsible adult.
s 11766. Studios Having Minor Emergency War Employment Permits.
s 11767. Report re 17-year-old Minors.
s 11775. Designation of Labor Commissioner.
The Labor Commissioner is the designee of the Director of Industrial Relations for the purpose of issuing citations, assessing penalties, determining types of violations after public hearing, other than those enumerated in Labor Code Sections 1288, 1293.1, and to determine, after public hearing, other hazards that constitute an agricultural zone of danger.
Note: Authority cited: Section 54, Labor Code. Reference: Sections 1285, 1286, 1287, 1288 and 1289, Labor Code.
s 11776. Applicability to Previously Determined Findings.
Citation and penalty provisions are applicable to previously determined findings of prohibited occupations, as set forth in Sections 11701 through 11705, of Group 1, of this Chapter 6.
s 11777. Form of Citation, Method of Payment of Penalty and Service.
The Labor Commissioner, for use of his deputies and agents, shall provide citation forms designed to include:
(a) The name and title of the alleged violator, whether sole proprietor, corporate entity or partnership, with space for listing partners;
(b) Designated space for indicating the nature of the violation and reference to statutory provisions, rule, or regulation, alleged to have been violated;
(c) Designated space for indication of proposed penalty assessment, indicating thereon whether assessment is for original, repeated or willful violation;
(d) Bold face type advising the alleged violator of rights to an informal hearing, time of application therefor, place where request may be filed and also where amount of penalty may be paid.
(1) Payment shall be made by cash, certified check, or money order payable to the Labor Commissioner.
(e) Service of a citation and proposed assessment may be made personally, or, by registered mail if the respondent (alleged violator) is otherwise required by the Labor Commissioner to file his address with the Labor Commissioner, and to notify the Labor Commissioner of any change, and such registered mail is sent to the latest address on file with the Labor Commissioner.
s 11778. Labor Commissioner Records of Violations.
The Labor Commission shall keep on file, by name of employer, or responsible entity, records of violations of child labor laws, for use of deputies and agents in determining the range of proposed penalty assessments to be made.
s 11779. Penalties for Class "A" Violations.
An original violation of a child labor law, rule or regulation designated as a class "A" violation shall subject the employer, or responsible entity, to a penalty assessment of $1,000.00. The second citation for a class "A" violation shall subject the employer, or responsible entity, to a penalty assessment of $2,000.00. The third, and each succeeding violation, shall subject the employer, or responsible entity, to a penalty assessment of $5,000.00 for the latter violation. Prior violations are such that have not been contested, or that have been upheld on proceedings thereon. In determining penalty assessments, a citation will be considered as referring to a single violation in the class affected at the time the violation cited, regardless of the number of minors in said group at such time.
s 11779.1. Definition and Penalty for Willful Violation of Class "A" Type.
A willful violation cited, of the class "A" type shall be subject to a penalty assessment of $5,000.00. "Willful," as defined therein, implies a purpose or willingness to engage, employ, or assign minors to activities proscribed by Labor Code Section 1228(a) and regulations relating thereto.
s 11780. Definition of Class "A" Violation.
A class "A" violation is a violation of Section 1292, or 1293, or 1294, or 1308, or 1391, or 1392 of the Labor Code, or, such other violations which the director, by his designee the Labor Commissioner, determines to present an imminent danger to minor employees or substantial probability that death or serious physical harm would result from exposure of a minor to particular working environments.
s 11780.1. Agricultural Zone of Danger Violations.
A violation of Labor Code Section 1293.1 shall be considered and acted upon consistent with provisions respecting class "A" violations.
Note: Authority cited: Section 54, Labor Code. Reference: Sections 1285-1289, Labor Code.
s 11781. Penalties for Class "B" Violations.
An original violation of a child labor law, rule or regulation, designated as a class "B" violation, shall subject the employer, or responsible entity, to a penalty assessment of $100.00. The second citation for a class "B" violation shall subject the employer, or responsible entity, to a penalty assessment of $200.00. The third, or more instances of citations for class "B" violations shall subject the employer, or responsible entity, to a penalty assessment of $500.00 for such further violations. Prior violations are such that have not been contested, or that have been upheld on proceedings thereon. In determining penalty assessments a citation will be considered as referring to a single violation in the class affected at the time the violation is cited, regardless of the number of minors in the group at such time.
s 11781.1. Definition and Penalty for Willful Violation of Class "B" Type.
A willful violation, cited, of the class "B" type, shall be subject to a penalty assessment of $500.00. "Willful," as defined herein, implies a purpose or willingness to engage, employ, or assign minors to activities proscribed by Labor Code Section 1288(b) and regulations related thereto.
s 11782. Definition of Class "B" Violation.
A class "B" violation is a violation of Section 1299 or 1308.5 of the Labor Code, or such other violations which the director, by his designee the Labor Commissioner, determines have a direct or immediate relationship to the health, safety, or security of minor employees, other than class "A" violations.
s 11782.1. Violations for Minor Employment in Manufacturing Establishments or Other Places Not Excepted.
A violation of Labor Code Section 1290 shall be considered and acted upon consistent with provisions respecting class "B" violations.
Section 30.5 of Chapter 144, 1975 Laws, to which chaptered law these regulations apply, states:
Notwithstanding Section 2231 of the Revenue and Taxation Code, there shall be no reimbursement pursuant to this section nor shall there be an appropriation made by this act because the Legislature recognizes that during any legislative session a variety of changes to laws relating to crimes and infractions may cause increased and decreased costs to local government entities and school districts which in the aggregate, do not result in significant identifiable cost changes.
Note: Authority cited: Section 54, Labor Code. Reference: Sections 1285-1289, Labor Code.
s 11783. Request, Notice, and Time of Hearing.
When a person requests an informal hearing by oral or written communication, on a citation, said person should be given, at least, 3 days notice of the time and place of hearing. Such notice may be given by oral communication, with confirming letter, or, by mail to the address set forth in the citation or by the address designated by the person requesting the hearing.
s 11784. Conduct of Hearing.
Testimony shall be given under oath.
s 11785. Procedure Where Hearing Not Requested.
s 12000. Application.
Application for the original license shall be made upon the form prescribed by the Labor Commissioner and shall contain the following information:
(a) The proposed business name of the talent agency, which may not be identical or similar to that of another licensed talent agency.
(b) The proposed places of business and the main office address of the talent agency in California, which address shall also be its mailing address for purposes of notice required by these regulations and provisions of the Labor Code or any other applicable statute.
(c) If applicant is not a corporation, names and addresses of all persons who are financially interested either as partners, associates, profit sharers, or employees or other persons receiving as compensation a share of the net profits from the operation of the talent agency; said application shall also show the share of said net profit each person is to receive.
(d) If the applicant is a corporation, the following information must be shown: name, address and title of the persons acting as executive officers of the corporation who have managing responsibility in California.
(e) If applicant is not a corporation, questions must be answered as to each person or profit sharer listed in the application as having a financial interest in or the right to share in the net profits of the talent agency (1) regarding his business or occupation for the preceding five (5) years; (2) whether or not such person or profit sharer has ever been associated in any capacity in the operation or business of a talent agency; (3) whether or not such person has had a talent agency license or any license or permit issued by any agency of the State of California revoked, suspended, or refused, or any disciplinary action taken with respect to any such license or permit; (4) whether or not such person has been convicted of a crime except for minor traffic violations.
(f) In the case of an application by a corporation, the foregoing information must be submitted by the executive officers acting in a managerial capacity for or on behalf of the corporation within the State of California.
(g) Application, if by an individual, must be signed, giving full name; if by partnership, must be signed by all partners; if by a corporation, must be signed by an officer of the corporation, affixing the seal of the corporation thereto.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.6, Labor Code.
s 12000.1. Required Documents.
The following documents, in addition to those required by Labor Code Section 1700.6, must be filed with the application for license:
(a) Surety bond as required by Labor Code Section 1700.15, issued by a corporate surety company authorized to write surety bonds in California, and on the form prescribed by the Labor Commissioner. The name of the talent agency and principal on the bond must correspond to the name of the talent agency and principal on the application.
(b) Contract forms in triplicate which are proposed to be used in the conduct of the business of the talent agency in accordance with the requirements of Labor Code Section 1700.23. If any of said proposed contract forms is a standard form of union contract previously approved by, and on file with the Labor Commissioner, that form need not be submitted by the applicant if it is identified on the application.
(c) Fee schedules in triplicate in the form required by Labor Code Section 1700.24, and California Code of Regulations, Title 8, Section 12003.4.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Sections 1700.6, 1700.15, 1700.23 and 1700.24, Labor Code.
s 12000.2. Application and Documents in Proper Form.
If the application and/or the required documents are not in proper form or contain any provisions contrary to law when submitted and are not corrected and resubmitted in proper form within 30 days after written notice from the Labor Commissioner, the license applied for will be denied without prejudice to either the submission of a new application or the required documents in proper form.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.6, Labor Code.
s 12000.3. Renewal Applications.
Renewal applications shall be filed with the Labor Commissioner by each licensee at least 30 days before the commencement of the new license year. If mailed, the postmark will be considered the date of filing. If the renewal application is not filed on or before the expiration date of the license as set forth in Labor Code Section 1700.10, the license expires and cannot be renewed. Such licensee, having failed to renew his, her, its license, must submit a new application and comply with the provisions of Labor Code Section 1700.12 in the same manner as a new applicant.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.10, Labor Code.
s 12000.4. Fees for License.
The license fee, together with the filing fee as required by Labor Code Section 1700.12, shall be submitted in the form of cashier's check, certified check, or money order and must accompany the application for a license or for a renewal thereof.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.12, Labor Code.
s 12000.5. Transfer of License.
Consent for the transfer of a license, as required by Labor Code Section 1700.20, shall be given only after the filing of a transfer application executed by the licensee and the proposed transferee in the form prescribed by the Labor Commissioner, which must be accompanied by the required filing fee, a surety bond as required in the case of a new application, together with the information required by Labor Code Section 1700.6(d) and California Code of Regulations, Title 8, Section 12000(e) regarding the proposed transferee. The proposed transferee must also submit, for approval or certification, any contract forms, or fee schedules in their proposed new form should changes in substance from previously approved or certified forms be intended.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Sections 1700.6, 1700.13 and 1700.20, Labor Code.
s 12000.6. Transfer of Interest in the Business or Right to Participate in Profits.
Before the issuance of written consent for the transfer of interest in the talent agency or in the right to participate in the profits as required by Labor Code Section 1700.30, notification shall be made to the Labor Commissioner in writing within 10 days of the transfer. The Labor Commissioner may require, pursuant to his or her discretion, that the person or persons to whom such interest in the business of the talent agency or right to share in the profits thereof is to be sold, transferred or given, complete the transfer application required by California Code of Regulations, Title 8, Section 12000.5 and supply the information required by Labor Code Section 1700.6(d) and California Code of Regulations, Title 8, Section 12000(e).
Note: Authority cited: Section 1700.29, Labor Code. Reference: Sections 1700.6, 1700.13, 1700.20 and 1700.30, Labor Code
s 12000.7. Change in Location of Main or Branch Office.
A talent agency shall notify the Labor Commissioner of a proposed change of address of its main or branch office at least 20 days before such change.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Sections 1700.6, 1700.13, 1700.20 and 1700.30, Labor Code.
s 12000.8. Transfer of Interest in the Business or Right to Participate in Profits.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Sections 1700.6, 1700.13, 1700.20 and 1700.30, Labor Code
s 12000.9. Change in Location of Main or Branch Office.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.6, Labor Code.
s 12001. Form of Talent Agency Contracts -General Provisions.
Any contract in writing to be entered into between a talent agency and an artist wherein the talent agency agrees to act or function as such for, or on behalf of the artist, shall contain in words or substance in addition to any other provisions set forth therein, each of the following provisions:
(a) A provision stating the term of employment of the talent agency by the artist or a blank space for the insertion of said term.
(b) A provision containing a blank space for the insertion of the compensation or rate of compensation to be paid by the artist to the talent agency which compensation shall not exceed the maximum compensation or maximum rate of compensation set forth in the schedule of fees filed with the Labor Commissioner by the talent agency. Said talent agency contract may provide for the payment of compensation after the termination thereof with respect to any employment contracts entered into or negotiated for or to any employment accepted by the artist during the term of the talent agency contract, or any extensions, options or renewals of said employment contracts or employment.
To be entitled to the payment of compensation after termination of the contract between the artist and the talent agency, the talent agency shall be obligated to serve the artist and perform obligations with respect to any employment contract or to extensions or renewals of said employment contract or to any employment requiring the services of the artist on which such compensation is based.
(c) A provision that the talent agency may advise, counsel or direct the artist in the development or advancement of his professional career.
(d) A provision that the talent agency shall, subject to the availability of the artist, use all reasonable efforts to procure employment for the artist in the field or fields of endeavor specified in the contract in which the talent agency is representing the artist.
(e) A provision that, in the event of the failure of the artist to obtain employment or a bona fide offer therefor from a responsible employer, in the field or fields of endeavor specified in the contract in which the talent agency is representing the artist, for a period of time in excess of four consecutive months, such failure shall be deemed cause for the termination of the contract by either party; provided, however, that the artist shall at all times during such period of four consecutive months be ready, willing, able and available to accept employment and to render the services required in connection therewith. Notices of intention of either party to such a contract to terminate same must be given in writing to the other party to such a contract directed to the last known address of said party. In the event the artist accepts employment prior to any written notice of termination, said right of termination is deemed waived as to all past periods of unemployment but not as to future four consecutive months of employment.
(f) A provision that in all cases of controversy between a talent agency and an artist arising under the Labor Code, or under these Rules and Regulations, relating to the terms of the contract, the parties involved therein shall refer the matters in dispute to the Labor Commissioner or one of his duly authorized agents to be determined, as provided in Section 1700.44 of the Labor Code. However, such a provision need not be inserted in contracts governed by the provisions of Section 1700.45 of the Labor Code.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.23, Labor Code.
s 12001.1. Copy of Contract to Artist.
The talent agency shall deliver to the artist a copy of the contract required by California Code of Regulations, Title 8, Section 12001 which has been executed by the talent agency and the artist.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.23, Labor Code.
s 12002. Oral Contracts.
A talent agency shall be entitled to recover a fee, commission or compensation under an oral contract between a talent agency and an artist as long as the particular employment for which such fee, commission or compensation is sought to be charged shall have been procured directly through the efforts or services of such talent agency and shall have been confirmed in writing within 72 hours thereafter. Said confirmation may be denied within a reasonable time by the other party. However, the fact that no written confirmation was ever sent shall not be, in and of itself, sufficient to invalidate the oral contract.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.23, Labor Code.
s 12003. Form of Contracts Must Be Approved.
Approval of the form of contract as required by Labor Code Section 1700.23 will be indicated by an endorsement thereon by the Labor Commissioner which must be retained by the talent agency, or by a letter from the Labor Commissioner that the contract adopted by the talent agency has been endorsed by the Labor Commissioner.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.23, Labor Code.
s 12003.1. Required Statements on Contract Forms Indicating Approval of Labor Commissioner.
After approval of the form of contract by the Labor Commissioner, the same may be legibly reproduced, which reproduction must bear thereon the following statement:
"THIS TALENT AGENCY IS LICENSED BY THE LABOR COMMISSIONER OF THE STATE OF
CALIFORNIA
The form of this contract has been approved by the State Labor Commissioner on the ____ day of ________ 19____."
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.23, Labor Code.
s 12003.2. Approval of the Labor Commissioner for Reproduction of Approved Contract Forms.
No form of contract which incorporates substantial changes in the form of contract previously approved shall be reproduced again unless the same shall be submitted to the Labor Commissioner for approval and shall not be reproduced again prior to the granting of approval and written consent by the Labor Commissioner.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.23, Labor Code.
s 12003.3. Modifications of Contract Forms Which Do Not Require Approval of the Labor Commissioner.
Modifications of contract forms previously approved by the Labor Commissioner which do not substantially change the substance and which, therefore, do not require further approval by the Labor Commissioner pursuant to California Code of Regulations, Title 8, Section 12003.2 include, but are not limited to the following:
1. A provision for the commencement of the term of the contract at some specified date in the future, which date may be fixed by the occurrence of an event or contingency.
2. The deletion of certain fields of endeavor, such as motion pictures, television, etc., from the scope of the talent agency's representation, or a designation of specific engagements.
3. A reduction in the compensation to be paid by the artist to the talent agency.
4. Any waiver by the talent agency of commission or compensation to be received from the artist.
5. A reduction in the four month termination period required by California Code of Regulations, Title 8, Section 12001(e).
6. Any provision for additional or special services, facilities or benefits to be rendered by the talent agency on behalf of the artist.
7. Any other modification which operates to the advantage of the artist.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.23, Labor Code.
s 12003.4. Fee Schedule.
Fee schedules posted, as required by Labor Code Section 1700.24, shall be printed or lettered in a size no less than Twelve-Point Cheltenham Roman Type or its equivalent. The printing or lettering shall be in a legible style and there shall be adequate separation between the various classifications. Each fee schedule, when submitted to the Labor Commissioner, must have a clear space of at least 2 1/2 inches at the bottom to permit certification.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.24, Labor Code.
s 12003.5. Contents -Fee Schedule.
(a) Each fee schedule shall be headed by the words, SCHEDULE OF FEES.
(b) Additionally, in each fee schedule the following paragraphs shall appear at the end of said fee schedule:
1. "If any controversy arises between the parties, including one as to liability for the payment of fees, the parties involved shall refer the matter in dispute to the Labor Commissioner for hearing and determination as provided in Labor Code Section 1700.44, unless such controversy can be handled in accordance with the provisions of Labor Code Section 1700.45."
2. "In the event that a talent agency shall collect from an artist a fee or expenses for obtaining employment for the artist, and the artist shall fail to procure such employment, or the artist shall fail to be paid for such employment, such talent agency shall, upon demand therefor, repay to the artist the fee and expenses so collected. Unless repayment thereof is made within forty-eight (48) hours after demand therefor, the talent agency shall pay to the artist an additional sum equal to the amount of the fee." (Section 1700.40, California Labor Code).
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.24, Labor Code.
s 12003.6. Regulations Do Not Affect Prior Contracts.
These rules and regulations shall not apply to contracts heretofore entered into between talent agencies and artists, if the same have been approved by the Labor Commissioner and said contracts do not contain any provisions contrary to law.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.23, Labor Code.
s 12004. Termination of Contract.
Any incapacity which shall prevent a talent agency from performing the services to be rendered by such talent agency to an artist for a period of three consecutive months or the failure of the talent agency to maintain a regular office for the transaction of business in the State of California for a period of one month shall be sufficient grounds for cancellation or termination of the contract by the artist.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.23, Labor Code.
s 12005. Revocation or Suspension of License.
The failure of any talent agency to comply with these Rules and Regulations or with any order made by the Labor Commissioner in pursuance thereof shall be cause for the suspension or revocation of the license of such talent agency pursuant to Labor Code Section 1700.21.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.21, Labor Code.
s 12006. Amendment or Revision of Rules and Regulations.
s 12022. Filing of Application for Hearing to Determine Controversy.
Proceedings shall be commenced by filing at the office of the Labor Commissioner, Licensing Division, P.O. Box 420603, San Francisco, CA 94142- 0603, a petition to determine controversy between the artist and talent agency, which shall set forth the claim or demand of the petitioner and shall be signed by the petitioner or a person duly authorized to act for him and shall set forth:
(a) A statement as to the nature of the controversy, including submission of such pertinent information as is within the knowledge of the petitioner.
(b) The claim or demand of the petitioner.
(c) A copy of any contract pertaining to the controversy.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.44, Labor Code.
s 12022.1. Form of Petition.
The following form represents the minimum requirements for Petition to Determine Controversy.
NAME OF REPRESENTATIVE
or of PROPRIA PERSONA________ ______________________________
Street Address ______________________________
City and State ______________________________
Telephone Number ______________________________
Representative for Petitioner ______________________________
or
In Propria Persona ______________________________
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.44, Labor Code.
s 12023. Requirements As to Documents for Filing.
All pleadings, petitions and papers, before being filed or served, shall be printed or written on white paper of standard quality not less than 13-pound weight, 8 1/2 by 11 inches in size with numbered lines, connected at the top and paged at the bottom, and shall be written or printed upon only one side of the paper. All copies served shall be true and legible copies of the original. The office address and telephone number of the representative appearing for a party filing any petition, answer or notice, or the office or residence address and telephone number of a party appearing in his own behalf must be endorsed upon such petition, answer or notice, in the upper left hand corner of the first page.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.44, Labor Code.
s 12024. Service of Copy of Petition on Other Party to the Controversy.
An exact copy of the petition to determine controversy shall be served upon the opposing party after filing of the original petition, and declaration of service thereof shall be filed with the Labor Commissioner within 10 days of the date service is made. Service of the petition shall be made in the manner prescribed by the Code of Civil Procedure for service of summons in a civil action.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.44, Labor Code.
s 12024.1. Dismissal of Petition.
No petition to determine controversy heretofore or hereafter commenced shall be further prosecuted, and no further proceedings shall be had therein, and all petitions to determine controversies heretofore or hereafter commenced must be dismissed by the Labor Commissioner on his own motion, or on the motion of any party interested therein, whether named in the petition as party or not, unless petition be served and return thereon made within one year after the filing of said petition. But all such petitions may be prosecuted if general appearance has been made in said proceedings by the respondent within said one year in the same manner as if said petition had been served; provided that no dismissal shall be had under this section as to any respondent because of the failure to serve the petition on him during his absence from the State, or while he has secreted himself within the State to prevent the service of said petition on him.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.44, Labor Code.
s 12025. Answer to Petition.
Written notice to the respondent, requiring him to answer said petition within 20 days from service thereof, shall be served upon the respondent at the time of service of said petition to determine controversy.
Within 20 days from, and after service of the petition to determine controversy, the respondent in said proceeding shall serve and file an answer thereto, setting forth the defense and any claims of said respondent. Said answer shall be signed by the respondent or a person duly authorized to act for said respondent.
Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.44, Labor Code.
s 12025.1. Forms for Notice to Answer.
Notice to Answer as set forth in Section 12025 above, shall be in the following form:
TO THE ABOVE NAMED__________________________, respondent.
YOU ARE DIRECTED to file at the office of the State Labor Commissioner,___________________________, insert address a written pleadingin response to the Petition to Determine Controversy within 20 days after the service on you of this notice. You are notified that unless you so file a written responsive pleading, the petitioner may apply to the Labor Commissioner for any relief demanded in the petition. (continued)