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(continued)
(a) A list naming each employee or claimant for whom recovery is sought. The list shall include the name and address of each employee or claimant, the amount of the recovery sought under each of the items listed in Section 13660 above, including the particular provision of Division 2, Part 6, Chapter 3 of the Labor Code allegedly violated, and the name and address of the farm labor contractor(s) whose conduct has allegedly damaged the employee(s) or claimant(s).
(b) A copy of the written assignment of the claim(s) to the representative, if applicable.
(c) A declaration or affidavit under penalty of perjury which complies with the provisions of Code of Civil Procedure Section 2015 .5 containing information regarding attempts made to satisfy the claim by demand against the surety bond provided in Labor Code Section 1684(c) and the results of that demand. The declaration or affidavit must also disclose what attempts, if any, were made to collect the recovery sought directly from the farm labor contractor and the results of those attempts. If no attempts have been made to collect either from the surety bond or the farm labor contractor, the declaration must explain the reasons for such inaction. The fact that no attempts have been made will not of itself defeat recovery from the fund, if the failure to make any attempts is reasonable. The declaration or affidavit required herein may be signed by the representative of the employee(s) or claimant(s), if the information submitted does not require the personal knowledge of the employee(s) or claimant(s).
(d) A copy of any judgment or award issued by a court or the Labor Commissioner, which relates to or supports the recovery sought by the employee(s) or claimant(s). If the judgment was uncontested or obtained by default or other summary procedure, the employee(s), claimant(s) or representative seeking recovery shall submit declarations under penalty of perjury signed by each employee or claimant seeking recovery setting forth the actual losses that were suffered by the employee(s) or claimant(s) including the information set forth below in subsections (1)-(6). If the judgment or award was contested, it must contain the information set forth below in subdivisions (1) to (6); if the judgment or award does not contain such information, additional declarations under penalty of perjury signed by the employee or claimant providing the missing information must be submitted. The representative of the employee(s) or claimant(s) may sign declarations submitting information to comply with this subsection, if the information submitted does not require the personal knowledge of the employee(s) or claimant(s).

(1) The name and address (if known) of the contractor;
(2) The period of time during which the wages were earned;
(3) The number of hours worked or the pieces picked or completed;
(4) The promised rate of pay;
(5) The total amount of wages owed less any amount recovered from the farm labor contractor or the surety bond and/or employer of the farm labor contractor;
(6) Proof of any actual damages suffered pursuant to the particular provision of Division 2, Part 6, Chapter 3 of the Labor Code allegedly violated.
(e) If no judgment or award has been obtained from a court or the Labor Commissioner, the employee(s), claimant(s) or his or her (their) representative seeking recovery shall submit declarations under penalty of perjury signed by each employee or claimant providing the information set forth in subdivisions (1)-(6) in (d), above. The representative of the employee(s) or claimant(s) may sign declarations submitting information to comply with subsection (d), if the information submitted does not require the personal knowledge of the employee(s) or claimant(s).
(f) If the declarations are insufficient to sustain a recovery from the fund, either due to lack of information or due to a belief that the information submitted is potentially inaccurate, the Labor Commissioner may order an investigatory hearing pursuant to the provisions of Section 13662.
(g) A claimant who contracts with a farm labor contractor may also seek recovery from the fund if he or she has been damaged by a farm labor contractor within the meaning of Section 13660. When such a claim is submitted, besides documenting the claimant's own loss, the claimant must also satisfy the requirements of subsections 13661(a)-(e) regarding the loss of the employees or other claimants.




Note: Authority cited: Section 1699, Labor Code. Reference: Section 1684, Labor Code.









s 13662. Hearing.
The Labor Commissioner shall have the authority to order an investigatory hearing to determine the amount of damages, if any, actually suffered by the employee(s) or other claimant(s) seeking recovery from the fund. Notice of the hearing shall be served on the defendant farm labor contractor and the employee(s) or other claimant(s) seeking recovery from the fund either personally or by registered mail in accordance with the provisions of subdivision (c) of Section 11505 of the Government Code. The hearing shall be conducted by a Deputy Labor Commissioner and shall be held in the District Office having jurisdiction over the area where the nonpayment of wages allegedly occurred or any other appropriate venue.




Note: Authority cited: Section 1699, Labor Code. Reference: Section 1684, Labor Code.







s 13670. Definitions.
For the purposes of this Subchapter:
(a) Any location more than ten miles from the minor's residence, means any point beyond a straight-line radius of ten miles in any direction from the minor's residence. The radius shall be drawn upon a commonly available city or regional road map by placing the point of a compass on the approximate site of the minor's residence and adjusting the compass according to the scale of miles provided on the map. In the event of a dispute over which commonly available city or regional road map should be used for the measurement, the Labor Commissioner shall select the map that will be used as the basis for the measurement.
(b) "Applicant" is a person who applies for a new registration or renewal of a registration pursuant to this Subchapter.
(c) "Division" and "Labor Commissioner" mean the Division of Labor Standards Enforcement. "Labor Commissioner" also means the chief of the Division of Labor Standards Enforcement and his or her agents.
(d) "Door-to-door sales" is defined in accordance with Labor Code Section 1286(e) and Section 11706.1 of this Chapter 6.
(e) "Door-to-door sales operation" is broadly construed to mean any activity directly or indirectly associated with the door-to-door sales activity including, but not limited to, the person's business activities, recruitment, or any activity directly or indirectly involving a minor employed or used in door-to-door sales.
(f) "Employer" means a person subject to Labor Code Section 1308.3 and this Subchapter who exercises control, direction or supervision, either directly or indirectly, of minors engaged in door-to-door sales operations.
(g) "Person" means an individual, corporation, partnership, limited liability company, association, or other legal entity.
(h) "Registrant" is a person who has a valid and current registration issued pursuant to this Subchapter.
(i) "Registration" means a registration issued pursuant to Labor Code Section 1308.2 or 1308.3, and/or this Subchapter.
(j) "Transporter" and/or "Supervisor" means an individual subject to Labor Code Section 1308.2 and this Subchapter. A "Transporter" and/or "Supervisor" must be at least eighteen (18) years of age. A "Transporter" and/or "Supervisor" includes a person who: (1) recruits, (2) solicits, (3) hires, (4) directs, or (5) controls, directly or indirectly, any activity that facilitates the minor's participation in door-to-door sales operations. A "Transporter" and/or "Supervisor" also includes any employer who: (1) recruits, (2) solicits, (3) hires, (4) directs, or (5) controls, directly or indirectly, any activity that facilitates the minor's participation in door-to-door sales operations.




Note:Authority cited: Sections 18, 54, 55, 59, 350, 1311 and 1398, Labor Code. Reference: Sections 1286, 1290, 1294.1, 1308.1, 1308.2, 1308.3 and 1308.4, Labor Code; and Section 12515, Vehicle Code.







s 13670.1. Applicability of Subchapter 10.
(a) This Subchapter requires any person who employs, transports, or supervises a minor under sixteen (16) years of age in door-to-door sales more than ten (10) miles from the minor's residence to register as either an employer and/or a transporter and/or supervisor with the Labor Commissioner pursuant to Section 1308.2 or 1308.3 of the Labor Code or this Subchapter.
(b) Any employer who plans to be a transporter and/or supervisor must have a transporter/supervisor registration in addition to the employer registration.
(c) Registration is not required by those exempted by Labor Code Sections 1308.2(f) and 1308.3(g):
(1) a person, group of individuals, corporation, or other legal entity acting on behalf of a bona fide trustee of charitable assets or on behalf of a charitable organization;
(2) a government agency (including a public school);
(3) a bona fide cemetery corporation;
(4) a bona fide political committee;
(5) or a bona fide charitable corporation organized and operated primarily as a religious organization, educational institution, hospital, or a licensed health care service plan.
(d) Labor Code Section 1308.2 excludes from registration a minor's parent or guardian or any person who provides only transportation for hire and is not otherwise involved in the door-to-door sales operation.




Note:Authority cited: Sections 54, 55, 59, 1311 and 1398, Labor Code. Reference: Sections 1286, 1308.1, 1308.2, 1308.3 and 1308.4, Labor Code.







s 13671. Form of Application.
The following form shall be submitted to the Division of Labor Standards Enforcement, Licensing Unit by each employer and/or transporter/supervisor of minors engaged in any door-to-door sales operation:





PRIVACY ACT NOTICE








s 13671.1. Application for Registration.



Note:Authority cited: Sections 54, 55, 59, 1311 and 1398, LaborMP21(a) A person who employs or uses, transports or supervises a minor under sixteen (16) years of age at any location more than ten (10) miles from the minor's residence in door-to-door sales shall complete the application form provided by the Labor Commissioner entitled "Minors' Door-to-Door Sales: Employer, Transporter and Supervisor Application for Registration" [form DLSE 453 (New 12/96)]. The applicant shall comply with each applicable requirement contained in the application. The application shall be returned with the Department of Justice fingerprint card form BID-7 (5/90), all required accompanying documents and an indication that the applicant has authorized the release of required tax information.

(b) The applicant shall sign and submit to the Labor Commissioner a complete application in the original accompanied by the required fee and each additional document required in the application, duly executed.

(c) If an applicant fails to comply with any requirement of this Section, the Labor Commissioner shall refuse the application and return it to the applicant in accordance with Section 13672 of this Subchapter.

(d) A new application is required if the form of the legal entity changes.


Note:Authority cited: Sections 54, 55, 59, 1311 and 1398, Labor Code. Reference: Sections 1286, 1308.1, 1308.2, 1308.3 and 1308.4, Labor Code.







s 13672. Filing Schedule for Applications.
(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.
(A) Within thirty (30) calendar days from the date on the written notice of an incomplete application, the applicant must correct and return the application to the Labor Commissioner.
(B) If the applicant fails to meet this deadline, the application will be rejected, and the applicant shall forfeit the application fee. Following a rejection pursuant to this subdivision, the applicant may submit a subsequent application, which must be accompanied by the required fee.
(b) Within forty-five (45) calendar days after accepting a complete application, the Labor Commissioner shall inform the applicant in writing of the decision on the application.
(c) In the event that the Labor Commissioner fails to reach a permit decision within forty-five (45) calendar days of accepting a complete application, the applicant may appeal to the Labor Commissioner as the chief of the Division of Labor Standards Enforcement in accordance with the following procedure:

(1) The appeal shall be in writing and shall be delivered in person or postmarked within fifteen (15) calendar days after the maximum time period specified in subdivision (b) has elapsed.
(2) After receiving the appeal, the Labor Commissioner shall determine whether or not the Division exceeded the maximum time limit provided in subdivision (c) with good cause. "Good cause" pursuant to subdivision (h) of Government Code Section 15376 means that:
(A) The Division processed 15% more registrations than in the same calendar quarter of the preceding year, or
(B) The Division was required to reply on another public or private entity to process any part of the application and that entity was responsible for the delay.
(3) If the Labor Commissioner finds no good cause for the Division's failure to reach a permit decision after no more than forty-five (45) calendar days of accepting a complete application, the Labor Commissioner shall refund the appellant's application fee in full and the Commissioner shall ensure that the appellant's application is expedited without additional delay or any additional fee.
(4) If the Labor Commissioner finds good cause for the untimely processing, the Labor Commissioner shall not refund the appellant's application fee or any portion of the fee.
(5) A finding on timely processing by the Labor Commissioner shall have no bearing on the sufficiency or the validity of the application, which shall be determined in the same manner as any other application.
(d) 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: Sections 54, 55, 59, 1311 and 1398, Labor Code. Reference: Sections 15374, 15375, 15376, 15377 and 15378, Government Code; and Sections 1286, 1308.2, 1308.3 and 1308.4, Labor Code.







s 13673. Registration Renewal Dates.
(a) The registration of an employer is valid for a period of one year from the date of issuance unless revoked or suspended. Registration must be renewed annually. An application for renewal of a registration must be submitted at least thirty (30) calendar days prior to expiration of the current registration.
(b) The registration of a transporter or supervisor is valid for a period of one year from the date of issuance unless revoked or suspended. Registration must be renewed annually. An application for renewal of a registration must be submitted at least thirty (30) calendar days prior to expiration of the current registration.
(c) The registration of an employer with a Transporter/Supervisor authorization is valid for a period of one year from the date of issuance unless revoked or suspended. An application for renewal of a registration must be submitted at least thirty (30) calendar days prior to expiration of the current registration.




Note:Authority cited: Sections 54, 55, 59, 1308.2, 1308.3, 1311 and 1398, Labor Code. Reference: Sections 1286, 1308.1, 1308.2, 1308.3 and 1308.4, Labor Code.









s 13673.1. Change of Address or Doing Business as ( "DBA") Name, Vehicle, or Vehicle License Number.
(a) Registrants shall report any proposed change of address at least twenty (20) days before such change to the Division of Labor Standards Enforcement, Licensing Unit. Failure to notify the Division of an address change voids the registration.
(b) Registrants shall report any proposed change of a doing business as ( "dba") name at least twenty (20) days before such change to the Division of Labor Standards Enforcement, Licensing Unit. Failure to notify the Division of a doing business as ( "dba") name change voids the registration.
(c) Registrants shall report any change of vehicle or vehicle license number within twenty (20) days of such change to the Division of Labor Standards Enforcement, Licensing Unit. Failure to notify the Division of a change of vehicle or vehicle license number voids the registration.




Note:Authority cited: Section 1311, Labor Code. Reference: Sections 1308.2 and 1308.3, Labor Code.







s 13673.2. Registration Void, When.
(a) Registration of any transporter/supervisor shall become void upon termination of his (her) employment with the employer to whom he (she) is registered, and shall be surrendered to the Labor Commissioner.
(b) Registration of any employer shall become void when there is a change of the form of the legal entity or when the employer ceases operations, and shall be surrendered to the Labor Commissioner.




Note:Authority cited: Section 1311, Labor Code. Reference: Sections 1308.2, 1308.3 and 1308.4, Labor Code.







s 13674. Fees.
(a) The Labor Commissioner shall collect:
(1) A $350 fee for an initial application for an employer's registration.

(2) A $200 fee for an application for renewal of an employer's registration.
(3) A $100 fee for an initial application for a transporter's or supervisor's registration.
(4) A $50 fee for an application for renewal of a transporter's or supervisor's registration.
(b) An employer registering as a transporter/supervisor shall pay the applicable initial or renewal fees required for both the employer and the transporter/supervisor registrations.
(c) A fee paid pursuant to this subdivision may not be prorated.
(d) A fee or portion of a fee may not be refunded except in the event of demonstratable error by the Labor Commissioner or pursuant to Section 13672 of this Subchapter.
(e) If an applicant attempts to renew his or her registration after the expiration date for filing, the Labor Commissioner shall charge the initial application fee.




Note:Authority cited: Sections 54, 55, 59, 1311 and 1398, Labor Code. Reference: Sections 1286, 1308.1, 1308.2, 1308.3 and 1308.4, Labor Code.







s 13675. Transfer of a Registration.
A registrant may not transfer his or her registration to any other person.




Note:Authority cited: Sections 54, 55, 59, 1311 and 1398, Labor Code. Reference: Sections 1286, 1308.1, 1308.2, 1308.3, 1308.4, 1391 and 1391.2, Labor Code.







s 13676. Suspension and Revocation of Registration and Denial of an Application.
(a) The Labor Commissioner may revoke or suspend a registration or deny an application for a registration if the registrant or applicant has:

(1) Falsified or directed the falsification of any statement in an application or in any document that accompanies the application.
(2) Misrepresented or directed another person to misrepresent a significant fact orally or in writing to the minor, the minor's parent or guardian, a member of the public, a school official, a labor investigator, or a law enforcement officer related to:
(A) The minor's activity or prospective activity in the door-to-door sales operation, including, but not limited to, the nature of the minor's work activity, its purpose, location, or duration; or
(B) The nature or purpose of the door-to-door sales operation. The misrepresentation may be contained in, but not limited to, an advertisement, brochure, circular, or written or oral agreement, or written or oral statement; or
(C) Any other significant fact concerning the door-to-door sales operation.
(3) Violated or willfully aided or abetted a person in the violation of any law or regulation related to door-to-door sales, employment, the payment of wages, health and safety, or the health and morals of a minor, including any law or regulation that prohibits contributing to the delinquency of a minor.
(4) Failed to comply with any provision of this Subchapter.
(5) Failed to notify the Labor Commissioner in writing of any change in the promotional materials or any work agreement with the minor.
(b) If after investigation, the Labor Commissioner determines that the applicant does not possess the requisite character, competency, or responsibility, a registration may be suspended, revoked, or the application denied.




Note:Authority cited: Sections 54, 55, 59, 1308.2, 1308.3, 1311 and 1398, Labor Code. Reference: Sections 1286, 1308.1, 1308.2, 1308.3 and 1308.4, Labor Code.







s 13676.1. Hearings to Revoke or Suspend a Registration or Deny an Application.
Before revoking or suspending a registration or denying an application for registration, the Labor Commissioner shall notify the registrant in writing and shall provide an opportunity for hearing in accordance with the following procedures:
(a) Revocation or suspension proceedings shall be initiated by the Labor Commissioner by filing an accusation. Denial proceedings shall be initiated by the Labor Commissioner by filing a statement of issues. The accusation or statement of issues, along with a blank notice of request for hearing and a copy of this Section 13676.1, shall be served on the registrant or applicant either personally or by certified mail.
(b) The registrant or applicant may request a hearing by filing a notice of request for hearing with the Labor Commissioner within fifteen (15) calendar days after service of the accusation or statement of issues. If service of the accusation or statement of issues was by certified mail, the period for filing a notice of request for hearing shall be extended in accordance with the provision of Section 1013 of the Code of Civil Procedure. Failure to file a notice of request for hearing within said time shall constitute a waiver of the right to a hearing.
(c) A hearing shall be held within sixty (60) calendar days of the filing of a timely notice of request for hearing. The Labor Commissioner shall assign a hearing officer to conduct the hearing and shall deliver or mail to all parties a notice of hearing at least ten (10) calendar days prior to the hearing.
(d) Prior to a hearing, upon the application of any party to the proceedings, the hearing officer may issue subpoenas to compel the attendance of necessary witnesses and the production of books, papers, and documents. In the exercise of sound discretion, the hearing officer may decline to issue a subpoena absent satisfactory evidence that the witness will be able to give necessary and competent testimony that is material to the issues or in order to limit the introduction of unduly repetitive evidence.
(e) Each party to a hearing shall have the right to appear in person or 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 the evidence against him or her; and to introduce documentary exhibits and other evidence. Oral evidence shall be taken only on oath or affirmation.
(f) The Labor Commissioner shall record the hearing on audio tape. A party may have the hearing transcribed by a court reporter if a copy of the transcription is provided to the Labor Commissioner at no charge.
(g) The hearing need not be conducted according to the technical rules of evidence. Any relevant evidence shall be admitted if it is the sort of evidence on which a responsible person is 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 a civil action. Hearsay evidence may be used to supplement or explain other evidence, but shall not of itself be sufficient to support a finding.
(h) The hearing officer in exercising sound discretion, may control the order of presentation of evidence at the hearing, keep out repetitive and cumulative evidence, and otherwise rule on the evidence.
(i) Within forty-five (45) calendar days of closing the hearing record, the hearing officer shall issue a written proposed decision and transmit that proposed decision to the Labor Commissioner for review. The proposed decision shall set forth the findings of fact and legal grounds upon which the proposed decision is based. Within fifteen (15) calendar days of the issuance of the proposed decision, the Labor Commissioner shall issue, and serve upon all parties along with a copy of the proposed decision, a final decision, either adopting, modifying or rejecting the hearing officer's proposed decision. A final decision modifying or rejecting the proposed decision shall set forth the grounds therefor.
(j) A registrant or applicant may seek review of the Labor Commissioner's final decision by filing a petition for a writ of mandate with the appropriate court pursuant to Section 1094.5 of the Code of Civil Procedure.




Note:Authority cited: Sections 54, 55, 59, 1311 and 1398, Labor Code. Reference: Sections 1286, 1308.1, 1308.2, 1308.3 and 1308.4, Labor Code.







s 13677. Inspections.
(a) Every employer, transporter, or supervisor applying for or possessing an Employer or Transporter/Supervisor registration shall allow the Labor Commissioner free access to his or her place of business, vehicle, or place of operation for the purpose of making an inspection of all books, records, and other papers pertaining to the door-to-door sales operation, including:
(1) Informing the Labor Commissioner, upon his or her request, of any sales, planning, organizational, motivational, or similar meeting involving a minor and permitting the Labor Commissioner to attend any such meeting in order to ascertain the character, competency, and responsibility of an applicant or registrant; or
(2) Providing proof that the applicant or registrant has filed all applicable state and federal income and employment tax forms and owes no outstanding taxes upon the request of the Labor Commissioner in order to ascertain the character, competency, and responsibility of an applicant or registrant; or
(3) Providing any other information deemed relevant by the Labor Commissioner upon his or her request in order to ascertain the character, competency, and responsibility of an applicant or registrant.




Note:Authority cited: Sections 54, 55, 59, 1311 and 1398, Labor Code. Reference: Sections 59, 1286, 1299, 1300, 1302, 1304, 1308.1, 1308.2, 1308.3 and 1308.4, Labor Code; and Sections 11706, 11706.1 and 11706.2, California Code of Regulations, Title 8, Division 1, Chapter 6.







s 13680. Definitions.
The following definitions shall apply to the provisions contained in this subchapter 11:
(a) "Business days" has the same meaning as defined in Section 9 of the California Civil Code.
(b) "Branch" means a separate location of the employer's business where employees carry out car washing and polishing operations as specified in subdivision (a) of Labor Code Section 2051, including the employer's main or central location.
(c) "Damaged" means the suffering of a loss or diminution of what is the employee's own by reason of the employer's failure to pay wages and penalties.
(d) "Other related damages" means a loss suffered by an employee or diminution of what is the employee's own by reason of some action or inaction on the part of the employer other than the employer's failure to pay wages and penalties, and includes interest on wages, fringe benefits, gratuities, reporting time pay, reimbursable business expenses, and the one hour of pay an employer is required to pay an employee if the employer fails to provide the employee with a meal period or rest period in accordance with an applicable order of the Industrial Welfare Commission. "Other related damages" includes only those damages or losses for which recovery can be sought pursuant to laws enforced by the Labor Commissioner, and excludes all others.
(e) "Registration packet" means the "Car Washing and Polishing Registration Application [DLSE 666 (9/05)] which is hereby incorporated by reference and the group of documents and items listed below in (e)(1) through (14) as applicable. The registration packet shall be delivered to the Labor Commissioner in order for the application to be processed by the Labor Commissioner.
(1) A surety bond as specified in subdivisions (b)(1), (2) and (3) of section 13682 of this subchapter 11;
(2) Proof of compliance with the local government's business licensing or regional regulatory requirements;
(3) Annual registration fee as set forth in subdivision (a) of section 13683 of this subchapter 11;
(4) Annual assessment as set forth in subdivision (c) of section 13683 of this subchapter 11;
(5) A valid workers'compensation insurance certificate or a copy of the certificate from the Director of the Department of Industrial Relations consenting to the applicant being self insured;
(6) A copy of the signed contract between applicant and the employee leasing company, if the applicant intends to contract with an employee leasing company as the employer;
(7) A current workers' compensation insurance certificate provided by the employee leasing company, if the applicant intends to contract with an employee leasing company as the employer;
(8) A copy of the fictitious business name statement(s) applicant uses or intends to use;
(9) A copy of applicant's state employer identification number (SEIN) or a copy of applicant's application for a SEIN;
(10) A copy of applicant's federal employer identification number (FEIN) or a copy of applicant's application for a FEIN;
(11) A copy of the articles of incorporation, if a corporation;
(12) A copy of the statement of information by a domestic stock corporation, if a corporation;

(13) A copy of the articles of organization, if a limited liability company; and
(14) A sample form of the contract and the 24-hour cancellation notice applicant uses or intends to use, if an employee leasing company.




Note: Authority cited: Section 55, 59, 95 and 98.8, Labor Code. Reference: Sections 2055(b)(1), 2059(a) and (b), 2061(a)(4) and 2065(a)(2), Labor Code.







s 13681. Recordkeeping.
(a) An employer engaged in the business of car washing and polishing shall keep accurate records as required by Labor Code Sections 226, 1174, and 2052, and any applicable order of the Industrial Welfare Commission. These records shall be maintained for at least three years, except for the records required under Section 1174 which must be kept for not less than two years, at the place of employment or at a central location within the State of California, and upon written or oral request from the Labor Commissioner, or his or her agents, shall be made available for inspection or copying, or both.
(b) Failure to provide the Labor Commissioner with all of the requested records within ten calendar days after the date of a request, or providing records that are falsified, constitutes grounds for suspension or revocation of an employer's registration, or denial of an employer's application for registration.




Note: Authority cited: Sections 55, 59, 90.5, 95, 98.8 and 2053, Labor Code. Reference: Sections 226, 1174 and 2052, Labor Code.







s 13682. Conditions for Registration, Initial and Renewal.
The Labor Commissioner may not register an employer, either initially or as a renewal, until the employer fully satisfies all conditions of registration, including the following:
(a) The employer completes, signs, and submits the application form provided by the Labor Commissioner, "Car Washing and Polishing Registration Application" [DLSE 666 (09/05)], which is hereby incorporated by reference. The employer shall sign the application and certify, under penalty of perjury, that the information he, she, or it has provided on the application form and in any supplementary documents or information submitted by the employer in support of the application is true and correct. Information required on the application includes the following:
(1) Whether the applicant is permissively self-insured against liability to pay workers' compensation insurance claims as described in subdivision (d)(1) of this section;
(2) An indication as to whether the employer's form of legal entity is one of the following:
(A) Sole proprietorship;
(B) General partnership;
(C) Limited partnership;
(D) Limited liability company; or,

(E) Corporation;
(3) The residential address and home telephone number of every person listed on the form, "Car Washing and Polishing Registration Application" [DLSE 666 (09/05)] as having any one of the following positions, titles, responsibilities, or interests:
(A) Sole proprietor;
(B) General partner;
(C) Limited partner;
(D) Limited liability company member;
(E) Corporate officer;
(F) A person who exercises management responsibility in the employer's business, regardless of the form of legal entity; or,

(G) A person, except bona fide employees, who has a financial interest of 10 percent or more in the employer's business, regardless of the form of legal entity.
(4) If a corporation or limited liability company, the name and business address of the agent for service of process;
(5) Whether the employer or any person having a position, title, responsibility, or interest identified in subparagraphs (A) through (G) of paragraph (3) of subdivision (a) of this section and who is so identified on the form "Car Washing and Polishing Registration Application" [DLSE 666 (09/05)] owes an employee any unpaid wages, and if so, the employee's name, residential address, residential telephone number, amount of wages owed, and a description of any existing payment arrangements;
(6) Whether the employer or any person having a position, title, responsibility, or interest identified in subparagraphs (A) through (G) of paragraph (3) of subdivision (a) of this section and who is so identified on the form "Car Washing and Polishing Registration Application" [DLSE 666 (09/05)] has any unpaid judgments outstanding, and if so, the name, address and telephone number of the judgment creditor, the amount owed, and a description of any existing payment arrangements;
(7) Whether the employer or any person having a position, title, responsibility, or interest identified in subparagraphs (A) through (G) of paragraph (3) of subdivision (a) of this section and who is so identified on the form "Car Washing and Polishing Registration Application" [DLSE 666 (09/05)] has an outstanding lien or lawsuit pending in court against him, her, or it, and if so, the name, address and telephone number of the lienholder or opposing party, the type of lien or nature of the lawsuit, the location of the court where the case is pending, and the current status of the lien or lawsuit;
(8) Whether the employer or any person having a position, title, responsibility, or interest identified in subparagraphs (A) through (G) of paragraph (3) of subdivision (a) of this section and who is so identified on the form "Car Washing and Polishing Registration Application" [DLSE 666 (09/05)] owes any payroll taxes, personal, partnership, or corporate income taxes, social security taxes, or disability insurance contributions, and if so, the type of tax or contribution owed, the agency to whom the tax or contribution is owed, the amount owed, and a description of any payment arrangements;

(9) Whether the employer or any person having a position, title, responsibility or interest identified in subparagraphs (A) through (G) of paragraph (3) of subdivision (a) of this section and who is so identified on the form "Car Washing and Polishing Registration Application" [DLSE 666 (09/05)] has ever been cited or assessed a penalty for violating any provision of the California Labor Code or an order of the Industrial Welfare Commission regulating wages, hours and working conditions, and if so, the name of the person or business, or both, that was cited or assessed, the date, nature, and amount of the citation or assessment, the disposition of the citation or assessment, if any, whether or not an appeal challenging the citation or assessment was filed, and if so, whether the citation or assessment was upheld on appeal, and if upheld, whether the citation or assessment has been paid, and if paid, the date on which it was paid;
(b) The employer obtains a surety bond ensuring the payment of wages, interest on wages, gratuities, and fringe benefits of its employees.
(1) Except as provided in paragraph (3) of subdivision (b) of this section, the bond shall be in the principal sum equal to fifteen thousand dollars ($15,000.00).

(2) The bond must be issued by a surety company licensed to do business in the State of California, and the original bond must be filed with the Labor Commissioner along with the application for registration. The bond must be in favor of, and payable to the "People of the State of California," and be for the benefit of any employee damaged by his or her employer's failure to pay wages, interest on wages, or fringe benefits, or damaged by a violation of Labor Code Section 351(gratuities) or 353 (accurate record keeping of gratuities), or both. The bond shall be on a form provided by the Labor Commissioner, "Car Wash Bond" [DLSE 668 (09/05)], which is hereby incorporated by reference.
(3) The Labor Commissioner may determine that the principal sum of the surety bond be an amount greater than that described in paragraph (1) of subdivision (b) of this section. If the Labor Commissioner makes such a determination, he or she will serve written notice of the increased amount on the employer at least 30 calendar days prior to the date. Service of the notice may be by regular first-class mail. Factors the Labor Commissioner may consider in determining that a surety bond be in an amount greater than that described in paragraph (1) of subdivision (b) of this section include, history of violations including matters such as wage claims, orders, decisions, or awards of the Labor Commissioner, final determinations of the Labor Commissioner in retaliation or discrimination complaints, and final judgments of any type against the employer, and the size of the employer's business, including number of employees and/or branch locations.
(c) The employer presents the Labor Commissioner, along with the application for registration, with proof of compliance with the local government's business licensing or regional regulatory requirements. For purposes of this subdivision, "proof of compliance with the local government's business licensing or regional regulatory requirements" includes a copy of the employer's business license issued by the local government's business licensing or regional regulatory authority, or both, and such other licenses or permits required by those authorities in order for the employer to operate a car washing and polishing business in that jurisdiction.
(d) The employer presents the Labor Commissioner along with the application for registration with either of the following:
(1) A copy of the certificate from the Director of the Department of Industrial Relations consenting to the employer being self-insured against liability to pay compensation under the State's workers' compensation laws either as an individual employer, or as one employer in a group of employers; or,

(2) A certificate of insurance evidencing that a current workers' compensation insurance policy issued by an insurance company licensed to do business in the State of California is in effect for its employees.
(e) The employer completes and submits to the Internal Revenue Service, the form entitled, "Tax Information Authorization." Form 8821 (4/04), Department of Treasury, Internal Revenue Service. The applicant must submit the completed form to the address of the Internal Revenue Service specified on that form. The Labor Commissioner will provide this form to all persons who are sent the "Car Washing and Polishing Registration Application" [DLSE 666 (09/05)] or to any person who makes a written or oral request to the office of the Labor Commissioner for a copy of Form 8821 (4/04).
(f) The employer presents the Labor Commissioner, along with the application for registration, with payment of the annual registration fee and annual assessment established pursuant to Labor Code subsections 2059(a) and (b), respectively.
(g) The employer has fully complied with any citation issued by the Labor Commissioner after the citation is final and has been served on the employer.
(h) The employer presents the Labor Commissioner, along with the application for registration, with a complete registration packet.




Note: Authority cited: Sections 55, 59, 95 and 98.8, Labor Code. Reference: Sections 2054, 2055, 2059, 2060, 2061 and 2062, Labor Code.







s 13683. Annual Registration Fee and Assessment; Proof of Registration.
(a) An employer shall pay to the Labor Commissioner an annual registration fee of two hundred and fifty ($250.00) for each branch the employer operates.
(b) The Labor Commissioner may periodically adjust the registration fee, pursuant to the Administrative Procedure Act, for inflation to ensure that the fee is sufficient to fund all costs to administer and enforce the provisions of part 8.5 of Division 2 of the Labor Code, Section 2050, et seq.
(c) In addition to the annual registration fee specified in subdivision (a) of this section, the employer shall pay to the Labor Commissioner an annual assessment of fifty dollars ($50.00) for each branch the employer operates.
(d) For employers who operate multiple branches, the Labor Commissioner will issue an official Division of Labor Standards Enforcement certificate of registration for each branch registered.




Note: Authority cited: Sections 55, 59, 95 and 98.8, Labor Code. Reference: Sections 2054, 2055(d), 2059(a) and (b), 2057 and 2061(b), Labor Code.







s 13684. Registration, Initial and Renewal.
(a) Except as may be provided in subsection (d) of this section with respect to the first renewal of a registration, an employer shall register with the Labor Commissioner annually.
(b) To register, an employer must submit a completed and signed application and registration packet (one application and packet for all branches) to the Labor Commissioner. Commencing with the effective date of this subchapter 11 and including the 209 calendar days that follow that date (for a total of 210 days), applications for registration shall be submitted according to the following schedule:
(1) For a branch located in the County of Los Angeles, the employer shall submit its application and registration packet to the Labor Commissioner no later than 30 calendar days after the effective date of this section.
(2) Except as provided in subdivision (c) of this section, for a branch located in the County of Orange, the employer shall submit its application and registration packet to the Labor Commissioner no earlier than 61 calendar days, and no later than 90 calendar days after the effective date of this section.
(3) Except as provided in subdivision (c) of this section, for a branch located in the County of San Diego, the employer shall submit its application and registration packet to the Labor Commissioner no earlier than 91 calendar days, and no later than 120 calendar days after the effective date of this section.
(4) Except as provided in subdivision (c) of this section, for a branch located in the County of Riverside or San Bernardino, the employer shall submit its application and registration packet to the Labor Commissioner no earlier than 121 calendar days, and no later than 150 calendar days after the effective date of this section.
(5) Except as provided in subdivision (c) of this section, for a branch located in the County of Santa Clara, Alameda, Sacramento, Ventura, Fresno, or Contra Costa, the employer shall submit its application and registration packet to the Labor Commissioner no earlier than 151 calendar days, and no later than 180 calendar days after the effective date of this section.
(6) Except as provided in subdivision (c) of this section, for a branch located in a county other than those specified in (1) through (5) above of this subdivision (b), the employer shall submit its application and registration packet to the Labor Commissioner no earlier than 181 calendar days, and no later than 210 calendar days after the effective date of this section.
(c) If an employer operates multiple branches and any of them are located in different counties, the employer shall submit its application and registration packet to the Labor Commissioner during the time period specified for the branch requiring the earliest submission as set forth in paragraphs (1) through (6) of subdivision (b) of this section.
(d) Except as otherwise provided by paragraph (1) of this subdivision (d), the registration issued by the Labor Commissioner will be valid for a period of one year.
(1) In order to distribute registration dates evenly over the year, the Labor Commissioner may, with respect to the time period for the first renewal of a registration only, shorten to less than 12 months or lengthen to not more than 18 months the period of the registration, and prorate the annual fees accordingly.
(2) If the period of the registration for the first renewal is either shortened or lengthened, the Labor Commissioner shall set subsequent renewals at yearly intervals.




Note: Authority cited: Sections 55, 59, 95 and 98.8, Labor Code. Reference: Section 2054, Labor Code.







s 13685. Transfer of a Registration Prohibited.
(a) An employer may not transfer its registration to any other person.
(b) For purposes of this section, "person" includes an individual, association, organization, partnership, joint venture, business trust, limited liability company, corporation, or private entity of any character.




Note: Authority cited: Sections 55, 59, 95 and 98.8, Labor Code. Reference: Sections 2054, 2055(d), 2059(a) and (b) and 2061(b), Labor Code.







s 13686. Registration Void, When.
(a) An employer's registration is void when:
(1) The employer ceases engaging in the business of car washing and polishing.
(2) The employer changes its form of legal entity.

(3) The employer transfers its registration.
(4) The Labor Commissioner revokes an employer's registration.
(b) Upon the voidance of a registration, the employer shall immediately surrender and return to the Labor Commissioner the certificate of registration for each branch location.
(c) If voidance of an employer's registration is due to a change of legal entity, the new legal entity (employer) must submit a complete registration packet to the Labor Commissioner and meet all of the conditions of registration set forth in Section 13682 of this subchapter 11, including payment of the annual registration fee and assessment, in order for a new certificate of registration to be issued.




Note: Authority cited: Sections 55, 59, 95 and 98.8, Labor Code. Reference: Sections 2054, 2055(d), 2059(a) and (b) and 2061(b), Labor Code.







s 13687. Failure to Obtain Tax Clearance.
An employer's failure to obtain a tax clearance from the Internal Revenue Service constitutes a ground for the Labor Commissioner to deny an application for registration, including a renewal.




Note: Authority cited: Sections 55, 59, 95 and 98.8, Labor Code. Reference: Section 2054, Labor Code.







s 13688. Temporary Registration.
(a) If in submitting an application for registration, including a renewal, the Labor Commissioner determines that the Internal Revenue Service has issued the employer a temporary tax clearance instead of a full tax clearance, the Labor Commissioner may issue the employer a temporary registration that runs concurrently with the temporary tax clearance. The temporary registration shall expire at the same time the temporary tax clearance expires.
(b) If, following the issuance of a temporary registration the Labor Commissioner issues the employer a regular registration, the period of time during which the temporary registration was in effect shall be applied to and counted against the time period for the regular registration.




Note: Authority cited: Sections 55, 59, 95 and 98.8, Labor Code. Reference: Section 2054, Labor Code.







s 13689.Citation for Failure to Register. (continued)