Loading (50 kb)...'

(continued)
(1) Nonpayment of items defined as "Employer Payments" and "General Prevailing Rate of Per Diem Wages" in Title 8 CCR Section 16000 and Labor Code Sections 1771 and 1773.1.
(2) Payroll records required by Labor Code Section 1776.
(3) Labor Code Section 1777.5, but only insofar as the failure consisted of paying apprentice wages lower than the journeyperson rate to a person who is not an apprentice as defined in Labor Code Section 3077, working under an apprentice agreement in a recognized program.
(4) Labor Code Section 1778, Kickbacks.
(5) Labor Code Section 1779, Fee for registration.
(6) Labor Code Sections 1813, 1815, and Title 8 CCR Section 16200(a)(3)(F) overtime for work over 8 hours in any one day or 40 hours in any one week.


Note: Authority cited: Section 1773.5, Labor Code. Reference: Sections 1742, 1771, 1771.5, 1773.1, 1777.5, 1776, 1778, 1779, 1813, 1815 and 3077, Labor Code.







s 16437. Determination of Amount of Forfeiture by the Labor Commissioner.
(a) Where the Labor Compliance Program requests a determination of the amount of forfeiture, the request shall include a file or report to the Labor Commissioner which contains at least the following information:
(1) Whether the public work has been accepted by the awarding body and whether a valid notice of completion has been filed, and the dates if any when those events occurred;

(2) Any other deadline which if missed would impede collection;
(3) Evidence of violation, in narrative form;
(4) Evidence that an audit or investigation under Section 16432 of these regulations, occurred;
(5) Evidence that before the forfeiture was sent to the Labor Commissioner (A) the contractor and subcontractor were given the opportunity to explain why there was no violation, or that any violation was caused by good faith mistake and promptly corrected when brought to the contractor or subcontractor's attention, and (B) the contractor and subcontractor either did not do so or failed to convince the Labor Compliance Program of its position;
(6) Where the Labor Compliance Program seeks not only wages but also a penalty as part of the forfeiture, and the contractor or subcontractor has unsuccessfully contended that the cause of violation was a good faith mistake that was promptly corrected when brought to the contractor or subcontractor's attention, a short statement should accompany the proposal for a forfeiture, with a recommended penalty amount pursuant to Labor Code Section 1775(a);

(7) Where the Labor Compliance Program seeks only wages or a penalty less than $50 per day as part of the forfeiture because the contractor or subcontractor has successfully contended that the cause of the violation was a good faith mistake that was promptly corrected when brought to the contractor or subcontractor's attention, the file should include the evidence as to the contractor or subcontractor's knowledge of his or her obligation, including the program's communication to the contractor or subcontractor of the obligation in the bid invitations, at the prejob conference agenda and records, and any other notice given as part of the contracting process. With the file should be a statement, similar to that described in (6), and recommended penalty amounts, pursuant to Labor Code Section 1775(a);
(8) The previous record of the contractor and subcontractor in meeting their prevailing wage obligations; and
(9) Whether the Labor Compliance Program has been granted initial, extended initial or final approval.
(b) The file or report shall be served on the Labor Commissioner as soon as practicable after the violation has been discovered, and not less than 30 days before the final payment, but in no event not less than 30 days before the expiration of the limitations period set forth in Labor Code Section 1741.
(c) A copy of the recommended forfeiture and the file or report shall be served on the contractor and subcontractor at the same time as it is sent to the Labor Commissioner. The Labor Compliance Program may exclude from the documents served on the contractor and subcontractor copies of documents secured from the contractor or subcontractor during an audit, investigation, or meeting if those are clearly referenced in the file or report.
(d) The Labor Commissioner shall affirm, reject, or modify the forfeiture in whole or in part as to penalty, and/or wages due.
(e) The Labor Commissioner's determination of the forfeiture is effective on one of the two following dates:
(1) For Labor Compliance Programs with initial approval or an extension of initial approval pursuant to Section 16425 or 16426 of these regulations, on the date the Labor Commissioner serves by first class mail, on the Labor Compliance Program, on the Awarding Body if different, on the contractor and on the subcontractor, if any, an endorsed copy of the proposed forfeiture, or a newly drafted forfeiture statement which sets out the amount of forfeiture approved. Service on the contractor or subcontractor is effective if made on the last address supplied by the contractor or subcontractor in the record. The Labor Commissioner's approval, modification or disapproval of the proposed forfeiture shall be served within 30 days of receipt of the proposed forfeiture.
(2) For programs with final approval, approval is effective 20 days after the requested forfeitures are served upon the Labor Commissioner, unless the Labor Commissioner serves a notice upon the parties, within that time period, that this forfeiture request is subject to further review. For such programs, a notice that approval will follow such a procedure will be included in the transmittal of the forfeiture request to the contractor. If the Labor Commissioner notifies the parties of a decision to undertake further review, the Labor Commissioner's final approval, modification or disapproval of the proposed forfeiture shall be served within 30 days of the date of notice of further review.


Note: Authority cited: Section 1773.5, Labor Code. Reference: Sections 1771.5 and 1775, Labor Code.








s 16438. Deposits of Penalties and Forfeitures Withheld.
(a) Where the involvement of the Labor Commissioner has been limited to a determination of the actual amount of penalty, forfeiture or underpayment of wages, and the matter has been resolved without litigation by or against the Labor Commissioner, the Labor Compliance Program shall deposit penalties and forfeitures with the Awarding Body.
(b) Where collection of fines, penalties or forfeitures results from administrative proceedings or court action to which the Labor Commissioner and Awarding Body or its Labor Compliance Program are both parties, the fines, penalties or forfeitures shall be divided between the general funds of the state and the Awarding Body, as the Hearing Officer or court may decide.
(c) All penalties recovered in administrative proceedings or court action brought by or against the Labor Commissioner and to which the Awarding Body or its Labor Compliance Program is not a party, shall be deposited in the general fund of the state.
(d) All wages and benefits which belong to an employee and are withheld or collected from a contractor or subcontractor, either by withholding or as a result of administrative proceedings or any court action, and which have not been paid to the employee or irrevocably committed on the employee's behalf to a benefit fund, shall be deposited with the Labor Commissioner, who shall handle such wages and benefits in accordance with Labor Code Section 96.7.


Note: Authority cited: Section 1773.5, Labor Code. Reference: Sections 96.7, 1771.6 and 1775, Labor Code.







s 16439. Request for Review of a Labor Compliance Program Enforcement Action.
(a) A contractor or subcontractor may request a settlement meeting pursuant to Labor Code section 1742.1(b) and may request review of a Labor Compliance Program enforcement action in accordance with Labor Code sections 1771.6(b) and 1742 and the regulations found at Title 8 C.C.R. sections 17201-17270. The Labor Compliance Program shall have the rights and responsibilities of the Enforcing Agency (as defined in 8 C.C.R. section 17202(f)), in responding to such a request for review, including but not limited to the obligations to serve notices, transmit the Request for Review to the hearing office, and provide an opportunity to review evidence in a timely manner, to participate through counsel in all hearing proceedings, and to meet the burden of establishing prima facie support for the Notice of Withholding of Contract Payments.
(b) If a contractor or subcontractor seeks review of a Labor Compliance Program enforcement action, the Labor Commissioner may intervene to represent the Awarding Body, or to enforce relevant provisions of the Labor Code consistent with the practice of the Labor Commissioner, or both.


Note: Authority cited: Sections 54, 55, 1742(b) and 1773.5, Labor Code. Reference: Sections 1742, 1742.1(b) and 1771.6, Labor Code.







s 16500. Severability.
If any provision of the regulations in Group 3 or Group 4 or the application thereof to any person, party or circumstances is held invalid, such invalidity shall not affect other provisions or applications of these regulations which can be given effect without the invalid provisions or applications, and to this end the provisions of these regulations are severable.


Note: Authority cited: Sections 54 and 1773.5, Labor Code. Reference: Section 1773.5, Labor Code.







s 16800. Definitions.
In addition to the definitions of "Contractor," "Subcontractor," "Awarding Body," "Political Subdivision," "Public Works," and any other applicable terms, found in Group 3. Payment of Prevailing Wages upon Public Works, article 17 section 16000, the following terms are defined for general use in this article.
"Substantial Interest" means an interest of twenty percent (20%) of a corporation, limited partnership or similar entity and includes an individual holding the position of responsible managing employee, qualifying responsible managing officer or general partner regardless of the percentage interest in the entity.
"Fraud" means a suggestion, as a fact, of that which is not true, by one who does not believe it to be true; or the assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true; or the suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or a promise, made without any intention of performing it.
"Person" means an individual or legal entity, including, but not limited to, any firm, corporation, partnership, limited partnership, agency, association, organization or trust, and includes, where applicable, the public agencies, awarding bodies and any agent or officer thereof authorized to act for or on behalf of any of the foregoing.
"Firm" means, but is not limited to, any individual, corporation, partnership, limited partnership, agency, association, organization or trust operating a business in the State of California whether or not licensed or permitted to do so.
"Intent to Defraud" means the intent to deceive another person or entity, as defined in this article, and to induce such other person or entity, in reliance upon such deception, to assume, create, transfer, alter or terminate a right, obligation or power with reference to property of any kind.
"Deliberately" means premeditated and intentional and does not include inadvertent error.
"Respondent" means any person or entity subject to the proceedings set forth in this article.


Note: Authority cited: Section 1777.1(e), Labor Code. Reference: Section 1777.1, Labor Code.







s 16801. Investigations: Duties, Responsibilities and Rights of the Parties.
(a) Division of Labor Standards Enforcement. The Division of Labor Standards Enforcement (hereinafter "DLSE") may investigate any alleged violation of the provisions of chapter 1, part 7 of the California Labor Code for purposes of enforcing Labor Code section 1777.1. Investigations pursuant to section 1777.1 are for the purpose of determining a Respondent's willful violation, or violation with the intent to defraud, of the provisions of chapter 1, part 7 of the California Labor Code, with the exception of section 1777.5.

(1) Where a preliminary investigation reveals that there is insufficient evidence to continue the investigation, DLSE may close the investigation and shall notify the Respondent and awarding body in writing.
(2) In the event an investigation of any Respondent reveals a violation of Labor Code section 1777.1, DLSE shall notify the awarding body in writing and shall serve upon the Respondent a Notice of Hearing together with a Statement of Alleged Violations, which shall specifically set forth DLSE's allegations against the Respondent.
(A) Service of both the Notice of Hearing and Statement of Alleged Violations shall be complete when mailed, by first class postage, to the last address of record for the Respondent listed with the State Contractors License Board or, in the event the Respondent is not licensed by the State Contractors License Board, the last known address of the Respondent available to the awarding body or, in the case of a subcontractor, the last known address available to the general contractor with whom the subcontractor contracted in the performance of the public works project under investigation. In the event there is neither an address of record with the State Contractors License Board or the awarding body or general contractor, the Notice of Hearing and Statement of Alleged Violations shall be served pursuant to the provisions of the Code of Civil Procedure, sections 415.10 - 415.50. concerning the service of civil summons.
(B) The Notice of Hearing shall list the date, time and place of the hearing which shall not be scheduled sooner than forty-five days after the date of the mailing of the Notice of Hearing and Statement of Alleged Violations.
(C) The Respondent shall have the opportunity to review and copy such records from the investigative file of DLSE which are not subject to either attorney-client or work product privileges. The Respondent shall be entitled to a reasonable number of subpoenas but shall be liable for any costs of service of the subpoenas, or any other witness or mileage fees incurred.
Mileage and Witness fees shall be set as specified in Government Code section 68093. In the exercise of his or her discretion, the Hearing Officer may limit the number of witnesses subpoenaed either for the purpose of corroboration or for establishing a single material fact in issue, or where the Respondent has not furnished satisfactory evidence that the witness will be able to give necessary and competent testimony material to the issues at the hearing.

(D) In presiding over a hearing conducted pursuant to section 1777.1(c), the Hearing Officer shall control the order of presentation of evidence, and shall direct and rule on matters concerning the conduct of the hearing and of those persons appearing. The hearing shall be conducted in an informal setting preserving the rights of the Respondent. The formal rules of evidence shall not apply and any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. However, no determination shall be made based solely upon any evidence which would not be admissible, over objection, in a court of law in this state.
(E) The hearing shall be phonographically recorded. The Respondent may request a copy of the recording, and shall bear all costs incidental to the preparation of same. The Respondent may arrange to have the hearing reported by a certified court reporter and shall bear all cost incidental thereto. If the record of the hearing is transcribed by the Respondent, a copy thereof shall be provided to the Labor Commissioner free of any cost within five (5) days of such transcription.
(F) Oral evidence at the hearing shall be taken only upon oath or affirmation. The Respondent shall have the right to call and examine witnesses, to introduce exhibits and to rebut the evidence against him or her.
(G) Any Respondent to a proceeding hereunder may, but need not, be represented by legal counsel during the entire course of the investigation, including the hearing.
(H) Continuances of hearings scheduled pursuant to Labor Code section 1777.1(c) ordinarily will not be granted. The Hearing Officer, in the exercise of his or her sound discretion, may grant a continuance of the hearing only upon a showing of extraordinary circumstances and good cause.
(I) At the conclusion of the hearing the Hearing Officer may take the matter under submission or allow the introduction of post hearing briefs. The Hearing Officer shall prepare a Findings of Fact and Conclusions and a proposed Determination which shall contain the recommended penalty, if applicable. The Labor Commissioner or his designee shall have the right to modify, change or adopt the proposed Findings of Fact and Conclusions, the proposed Determination and any recommended penalty. No Determination or penalty shall be final until adopted by the State Labor Commissioner.

(J) The Determination of the Labor Commissioner after the hearing shall be served on the Respondent as provided in subdivision (A), above.
(K) In the event that the Determination of the Labor Commissioner results in an order to debar the Respondent, DLSE shall notify through the Division of Labor Statistics and Research all awarding bodies of such Determination immediately upon service of the Determination on the Respondent. In addition, DLSE shall maintain a record of each and every debarment under the provisions of Labor Code section 1777.1 for a period of 5 years from the date of the debarment, and shall list the name and last known address of the debarred contractor or subcontractor, the date of the debarment and the term of the debarment, and shall make that information available to the public, upon written request, which encloses a self-addressed and stamped envelope.
(b) Awarding Bodies. Any awarding body which has awarded or let a contract or purchase order to be paid for in whole or in part from public funds calling for the construction, alteration, demolition, repair, maintenance, or improvement of any structure, building, road, property, or other improvement of any kind (including the laying of carpet and the hauling of refuse from a public works site to an outside disposal location with respect to contracts involving any state agency, including the California State University and University of California) shall, in accordance with Labor Code section 1776(g), inform prime contractors of the requirements of Labor Code section 1776, and any other requirements imposed by law, in order to assist DLSE with an investigation pursuant to Labor Code 1777.1. The awarding body shall have the right to review the records from the investigative file of DLSE which are not covered by attorney- client or work product privileges, and which are not being utilized in the ongoing investigation of a criminal offense.
(c) Contractors and Subcontractors. All contractors and subcontractors, including Respondents, who have contracted to perform services on a public works project shall comply with Labor Code 1776, and any other requirements imposed by law, in order to assist DLSE with an investigation pursuant to Labor Code section 1777.1.


Note: Authority cited: Section 1777.1(e), Labor Code. Reference: Section 1777.1, and Section 92, Labor Code.







s 16802. Penalties.
In the event that the Labor Commissioner determines that a violation of chapter 1 of part 7 of the Labor Code has occurred, the Hearing Officer may recommend the penalty to be imposed on the Respondent.
(a) In setting a penalty, due consideration shall be given to the nature of the offense; the amount of underpayment of wages per worker; the experience of the Respondent in the area of public works; and the Respondent's compliance with Labor Code section 1776. The above considerations shall be based upon evidence presented at the hearing and made a part of the record.


Note: Authority cited: Section 1777.1(e), Labor Code. Reference: Section 1777.1, Labor Code.











Note: Authority cited: Sections 55 and 59, Labor Code. Reference: Section 2805, Labor Code.






s 17000. General Provisions.
The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code Regs. Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Code Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Department of Industrial Relations.
Pursuant to Section 4(A) of the standard Code, designated employees shall file statements of economic interests with the agency. Upon receipt of the statement of the Director, the agency shall make and retain a copy and forward the original of this statement to the Fair Political Practices Commission.


Note: Authority cited: Section 87306, Government Code. Reference: Sections 87300-87302 and 87306, Government Code.






Appendix
Department of Industrial Relations Disclosure Categories

Category 1:
Designated employees assigned to Category 1 shall report as follows:
Investments, interests in real property, business positions and income from any source that: (1) is subject to the authority of the Department of Industrial Relations or any of its organizational components; (2) is an organization or association composed primarily of persons or entities subject to the authority of the Department of Industrial Relations or any of its organizational components; or (3) engages in or derives any of its income from providing consulting services or education seminars on matters subject to the authority of the Department of Industrial Relations or any of its organizational components.
Category 2:
Designated employees assigned to Category 2 shall report as follows:
Investments, business positions and income from any source that: (1) is subject to the authority of the Department of Industrial Relations or any of its organizational components; (2) is an organization or association composed primarily of persons or entities subject to the authority of the Department of Industrial Relations or any of its organizational components; or (3) engages in or derives any of its income from providing consulting services or educational seminars on matters subject to the authority of the Department of Industrial Relations or any of its organizational components.
Category 3:
Designated employees assigned to Category 3 shall report as follows:
Investments, interests in real property, business positions and income from any source which has sold, rented, or leased goods, facilities, supplies or equipment to the Department of Industrial Relations, or any of its organizational components, within a two year period preceding the filing date of the designated employee's disclosure statement.
Category 4:
Designated employees assigned to Category 4 shall report as follows:
Investments, business positions and income from any source which sells, rents, or leases computer or information technology equipment, supplies, facilities, software, training or consulting services.
Category 5:
Designated employees assigned to Category 5 shall report as follows:
Investments, business positions and income from any source that: (1) is subject to the authority of the Division of Workers' Compensation or the Workers' Compensation Appeals Board, including but not limited to physicians (as defined in Labor Code s 3209.3), medical facilities, language interpreters, vocational rehabilitation practitioners, investigators, medical billing and lien collection agencies, workers' compensation insurance carriers and claims administrators, and self-insured employers; (2) is an organization or association composed primarily of persons or entities subject to the authority of the Division of Workers' Compensation or the Workers' Compensation Appeals Board; or (3) engages in or derives any of its income from providing consulting services or educational seminars on workers' compensation issues. Workers' Compensation Judges shall also comply with the California Code of Judicial Ethics.
Category 6:
Designated employees assigned to Category 6 shall report as follows:
Investments, business positions and income from any source that: (1) is subject to the authority of the Industrial Medical Council or the Division of Workers' Compensation, including but not limited to physicians (as defined in Labor Code s 3209.3), medical facilities, language interpreters, vocational rehabilitation practitioners, investigators, medical billing and lien collection agencies, workers' compensation insurance carriers and claims administrators, and self-insured employers; (2) is an organization or association composed primarily of persons or entities subject to the authority of the Industrial Medical Council or the Division of Workers' Compensation; or (3) engages in or derives any of its income from providing consulting services or educational seminars on workers' compensation issues.
Category 7:
Designated employees assigned to Category 7 shall report as follows:
Investments, business positions and income from any source that: (1) is subject to the authority of the Division of Labor Standards Enforcement; (2) is an organization or association composed primarily of persons or entities subject to the authority of the Division of Labor Standards Enforcement; or (3) engages in or derives any of its income from providing consulting services or educational seminars concerning labor or prevailing wage law.
Category 8:
Designated employees assigned to Category 8 shall report as follows:
Investments, business positions and income from any source that: (1) is subject to the authority of the Division of Workers' Compensation or the Office of Self Insurance Plans, including but not limited to physicians (as defined in Labor Code s 3209.3), medical facilities, language interpreters, vocational rehabilitation practitioners, investigators, medical billing and lien collection agencies, workers' compensation insurance carriers and claims administrators, and self-insured employers; (2) is an organization or association composed primarily of persons or entities subject to the authority of the Division of Workers' Compensation or the Office of Self Insurance Plans; or (3) engages in or derives any of its income from providing consulting services or educational seminars on workers' compensation issues.
Category 9:
Designated employees assigned to Category 9 shall report as follows:
Investments, business positions and income from any source that: (1) is subject to the authority of either the Division of Occupational Safety and Health, the Occupational Safety and Heath Standards Board, or the Occupational Safety and Health Appeals Board; (2) is an organization or association composed primarily of persons or entities subject to the authority of either the Division of Occupational Safety and Health, the Occupational Safety and Heath Standards Board, or the Occupational Safety and Health Appeals Board; or (3) engages in or derives any of its income from providing consulting services or educational seminars concerning occupational safety and health, industrial hygiene, or safety engineering.
Category 10:
Designated employees assigned to Category 10 shall report as follows:
Investments, business positions and income from any source that: (1) is subject to the authority of either the Division of Occupational Safety and Health, the Occupational Safety and Heath Standards Board, or the Occupational Safety and Health Appeals Board, within the subject matter area over which the employee exercises exercise jurisdiction; (2) is an organization or association composed primarily of persons or entities subject to the authority of either the Division of Occupational Safety and Health, the Occupational Safety and Heath Standards Board, or the Occupational Safety and Health Appeals Board, within the subject matter area over which the employee exercises exercise jurisdiction; or (3) engages in or derives any of its income from providing consulting services or educational seminars concerning occupational safety and health, industrial hygiene, or safety engineering.
Category 11:
Designated employees assigned to Category 11 shall report as follows:
Investments, business positions and income from any source that: (1) is subject to the authority of the State Mediation & Conciliation Service (2) is an organization or association composed primarily of persons or entities subject to the authority of the State Mediation & Conciliation Service; (3) engages in or derives any of its income from providing mediation, conciliation and arbitration services; (4) engages in or derives any of its income from providing consulting services or educational seminars concerning mediation, conciliation and arbitration issues; or (5) is received from providing labor relations consulting, mediation, arbitration, or election services to any employer or employee organization located in the State of California.
Category 12:
Designated employees assigned to Category 12 shall report as follows:
Investments, business positions and income from any source that: (1) is subject to the authority of the Division of Apprenticeship Standards or the California Apprenticeship Council; (2) is an organization or association composed primarily of persons or entities subject to the authority of the Division of Apprenticeship Standards or the California Apprenticeship Council; or (3) engages in or derives any of its income from providing consulting services or educational seminars concerning matters subject to the authority of the Division of Apprenticeship Standards or the California Apprenticeship Council.






Appendix B
By Classification

Division/Unit Classification Category
Div. of Administration Accounting Administrator (all 3
levels)
Div. Workers' Compensation Administrative Director 1
Div. Workers' Compensation Area Supervisor Rehabilitation Unit 5
Div. Apprenticeship Standards Area Administrator 12
Occupational Safety & Health Area Manager Ca/OSHA Consultation 9

Labor Standards Enforcement Assistant Chief Counsel 1
Office of the Director - Legal Assistant Chief Counsel 1
Labor Standards Enforcement Assistant Chief Div. 1
Office of the Director Assistant Director 1
Div. of Admin - Business Mgmt Associate Governmental Program 2
Analyst
Div. Workers' Compensation - Associate Governmental Program 3
Admin. Analyst
Office of the Director Associate Governmental Program 2
Analyst
WCAB Associate Governmental Program 3
Analyst
Information Systems Associate Governmental Program 4
Analyst
Industrial Medical Council Associate Medical Director 6
Div. Workers' Compensation Bureau Chief - Rehabilitation 5
Div. Apprenticeship Standards CEA 1 12
Occupational Safety & Health CEA 1 9
Div. Workers' Compensation CEA 2 5
Occupational Safety & Health CEA 2 Program Manager - 9
Consultation

OSH Appeals Board Chairperson 1
OSH Standards Board Chairperson 1
WCAB Chairperson 1
Industrial Welfare Commission Chairperson & Members 1
Office of the Director - Legal Chief Counsel - CEA 1
Labor Standards Enforcement Chief Counsel CEA 4 1
Office of the Director Chief Deputy Director 1
Labor Standards Enforcement Chief Division Labor Standard 1
Enforcement
Div. of Administration Chief Division of Administration 1
CEA 3
Div. Workers' Compensation Chief Judge CEA 5 5
Div. Apprenticeship Standards Chief, DAS 1
Labor Statistics & Research Chief, DLSR 1
Occupational Safety & Health Chief, DOSH 1
Div. Workers' Compensation Chief, Legislation and Policy 5
Div. Workers' Compensation Chief, Programmatic Services 5
Mediation & Conciliation Conciliator 11
All Divisions Consultant [FNa1] 1
Information Systems Data Processing Manager I, II and 4
III

Information Systems Data Processing Manager IV 1
WCAB Deputy CEA 5 5
Div. Workers' Compensation Deputy Administrative Director 5
Labor Standards Enforcement Deputy Chief Labor Commissioner, 1
CEA 2
Div. Apprenticeship Standards Deputy Chief 12
Labor Statistics & Research Deputy Chief, CEA I 1
Occupational Safety & Health Deputy Chief, Health 9
Occupational Safety & Health Deputy Chief, Safety 9
Office of the Director Deputy Director 1
Occupational Safety & Health Deputy Director of Management 9
Relations
Labor Standards Enforcement Deputy Labor Commissioner (all 7
levels)
Office of the Director Director 1
Occupational Safety & Health District Manager 9
Industrial Medical Council Executive Medical Director 6
CHSWC Executive Officer 2
Industrial Welfare Commission Executive Officer 1
OSH Appeals Board Executive Officer 1
OSH Standards Board Executive Officer 1

Div. Workers' Compensation Health Education Consultant III 5
OSH Appeals Board Hearing Officer I 9
OSH Appeals Board Hearing Officer II 9
Office of the Director - Legal Industrial Relations Counsel (all 2
levels)
Div. Workers' Compensation Industrial Relations Counsel (all 5
levels)
WCAB Industrial Relations Counsel (all 5
levels)
Labor Standards Enforcement Industrial Relations Counsel (all 7
levels)
Occupational Safety & Health Industrial Relations Counsel (all 9
levels)
Division/Unit Classification Category
OSH Appeals Board Industrial Relations Counsel (all 9
levels)
OSH Standards Board Industrial Relations Counsel (all 9
levels)
Industrial Medical Council Industrial Relations Counsel and 6
Legal Counsel (all levels)
Labor Standards Enforcement Labor Standards Investigator 7

Office of the Director - Legal Legal Counsel 2
Div. Workers' Compensation Legal Counsel 5
Labor Standards Enforcement Legal Counsel 7
CHSWC Member 1
WCAB Member 1
Industrial Medical Council Member, Industrial Medical Council 1
OSH Appeals Board Member, OSHA Appeals Board 1
OSH Standards Board Member, OSHA Standards Board 1
Occupational Safety & Health Nurse Consultant III 9
Mediation & Conciliation Presiding Conciliator 11
Div. Workers' Compensation Presiding Workers' Compensation 5
Judge
OSH Standards Board Principal Safety Engineer - 10
Construction
Occupational Safety & Health Principal Safety Engineer - 9
Industrial
OSH Standards Board Principal Safety Engineer - 10
Industrial
Occupational Safety & Health Program Manager, Consultation, CEA 9
Occupational Safety & Health Program Manager, Engineering 9
Services, CEA

Occupational Safety & Health Public Health Medical Officer III 9
Occupational Safety & Health Regional Manager 9
Div. Workers' Compensation Regional Manager, Claims 5
Adjudication
Occupational Safety & Health Research Manager 9
Labor Statistics & Research Research Manager I 1
Labor Statistics & Research Research Manager II 1
CHSWC Research Program Specialist (all 2
levels)
Labor Statistics & Research Research Program Specialist (all 2
levels)
Div. Workers' Compensation Research Scientist III 5
Div. Apprenticeship Standards Senior Apprenticeship Consultant 12
Occupational Safety & Health Senior Industrial Hygenist 9
OSH Standards Board Senior Industrial Hygenist 9
Occupational Safety & Health Senior Safety Engineer - Industrial 10
Occupational Safety & Health Senior Special Investigator 9
Occupational Safety & Health Special Investigator 9
Labor Standards Enforcement Special Investigator (all levels) 7
Office of the Director - Legal Special Investigator (all levels) 2
Industrial Medical Council Sr. Special Investigator 6

Div. Workers' Compensation Sr. Workers' Comp. Compliance 5
Officer
Div. of Admin - Business Mgmt Staff Services Manager (all levels) 2
Div. of Admin - Return to Work Staff Services Manager (all levels) 3
Div. Apprenticeship Standards Staff Services Manager (all levels) 2
Occupational Safety & Health Staff Services Manager (all levels) 9
OSH Standards Board Staff Services Manager I 9
Div. of Administration Staff Services Manager II 2
Div. of Administration Staff Services Manager III 2
Self Insurance Plans Supervising Workers' Comp. 8
Compliance Officer
Occupational Safety & Health Supervising Industrial Hygenist 9
Occupational Safety & Health Supervising Special Investigator 9
Div. Workers' Compensation Supervising Workers' Comp. 5
Compliance Officer
Div. Workers' Compensation Supervising Workers' Comp. 5
Consultant
Mediation & Conciliation Supervisor of Conciliation Service 1
CEA
Div. Workers' Compensation Workers' Comp. Compliance Manager 5
Div. Workers' Compensation Workers' Comp. Compliance Officer 5

Div. Workers' Compensation Workers' Comp. Consultant - 5
Collection Unit
Div. Workers' Compensation Workers' Comp. Rehabilitation 5
Consultant
Self Insurance Plans Workers' Compensation Compliance 8
Manager
Self Insurance Plans Workers' Compensation Compliance 8
Officer
Div. Workers' Compensation Workers' Compensation Judge 5
Div. Workers' Compensation Workers' Compensation Manager 5
Industrial Medical Council Workers' Compensation Manager 6
___________________
[FNa1]Consultants are included in the list of designated employees and shall
disclose pursuant to the broadest disclosure category in the code subject to
the following limitations: The director may determine in writing that a
particular consultant, although a "designated position," is hired to perform
a range of duties that is limited in scope and thus is not required to comply
fully with the disclosure requirements described in this section. Such
determination shall include a description of the consultant's duties and
based upon that description, a statement of the extent of disclosure
requirements. The director's determination is a public record and shall be

retained for public inspection in the same manner and location as this
conflict of interest code.









s 17201. Scope and Application of Rules.
(a) These Rules govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Articles 1 and 2 of Division 2, Part 7, Chapter 1 (commencing with section 1720) of the Labor Code, as well as any notice assessing penalties for noncompliance with payroll record obligations under Labor Code section 1776. The provisions of Labor Code section 1742 and these Rules apply to all such assessments and notices served on a contractor or subcontractor on or after July 1, 2001 and provide the exclusive method for an Affected Contractor or Subcontractor to obtain review of any such notice or assessment. These Rules also apply to transitional cases in which notices were served but no court action was filed under Labor Code sections 1731-1733 prior to July 1, 2001, in accordance with Section 17270 (Rule 70) below.
(b) These Rules do not govern debarment proceedings under Labor Code section 1777.1, nor proceedings to review determinations with respect to the violation of apprenticeship obligations under Labor Code sections 1777.5 and 1777.7, nor any criminal prosecution.
(c) These Rules do not preclude any remedies otherwise authorized by law to remedy violations of Division 2, Part 7, Chapter 1 of the Labor Code.
(d) For easier reference, individual sections within these prevailing wage hearing regulations are referred to as "Rules" using only their last two digits. For example, this Section 17201 may be referred to as Rule 01.


Note: Authority cited: sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Sections 1742, 1771.5, 1771.6(b), 1773.5, 1776 and 1777.1-1777.7, Labor Code; and Stats. 2000, Chapter 954, s1.






s 17202. Definitions.
For the purpose of these Rules:
(a) "Affected Contractor or Subcontractor" means a contractor or subcontractor (as defined under Labor Code section 1722.1) to whom the Labor Commissioner has issued a civil wage and penalty assessment pursuant to Labor Code section 1741, or to whom an Awarding Body has issued a notice of the withholding of contract payments pursuant to Labor Code section 1771.6, or to whom the Labor Commissioner or the Division of Apprentice Standards has issued a notice assessing penalties for noncompliance with payroll record obligations under Labor Code section 1776;
(b) "Assessment" means a civil wage and penalty assessment issued by the Labor Commissioner or his or her designee pursuant to Labor Code section 1741, and it also includes a notice issued by either the Labor Commissioner or the Division of Apprenticeship Standards pursuant to Labor Code section 1776;
(c) "Awarding Body" means an awarding body or body awarding the contract (as defined in Labor Code section 1722) that exercises enforcement authority under Labor Code section 1726 or 1771.5;
(d) "Department" means the Department of Industrial Relations;
(e) "Director" means the Director of the Department of Industrial Relations;
(f) "Enforcing Agency" means the entity which has issued an Assessment or Notice of Withholding of Contract Payments and with which a Request for Review has been filed; i.e., it refers to the Labor Commissioner when review is sought from an Assessment, the Awarding Body when review is sought from a Notice of Withholding of Contract Payments, and the Division of Apprenticeship Standards when review is sought from a notice issued by that agency that assesses penalties under Labor Code section 1776;
(g) "Hearing Officer" means any person appointed by the Director pursuant to Labor Code section 1742(b) to conduct hearings and other proceedings under Labor Code section 1742 and these Rules;
(h) "Joint Labor-Management Committee" means a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (section 175a of Title 29 of the United States Code).
(i) "Labor Commissioner" means the Chief of the Division of Labor Standards Enforcement and includes his or her designee who has been authorized to carry out the Labor Commissioner's functions under Chapter 1, Part 7 of Division 2 (commencing with section 1720) of the Labor Code;
(j) "Party" means an Affected Contractor or Subcontractor who has requested review of either an Assessment or a Notice of Withholding of Contract Payments, the Enforcing Agency that issued the Assessment or the Notice of Withholding of Contract Payments from which review is sought, and any other Person who has intervened under subparts (a), (b), or (c) of Rule 08 [Section 17208];
(k) "Person" means an individual, partnership, limited liability company, corporation, governmental subdivision or unit of a governmental subdivision, or public or private organization or entity of any character;
( l) "Representative" means a person authorized by a Party to represent that Party in a proceeding before a Hearing Officer or the Director, and includes the Labor Commissioner when the Labor Commissioner has intervened to represent the Awarding Body in a review proceeding pursuant to Labor Code section 1771.6(b).
(m) "Rule" refers to a section within this subchapter 6. The Rule number corresponds to the last two digits of the full section number. (For example, Rule 08 is the same as section 17208.)
(n) "Surety" has the meaning set forth in Civil Code section 2787 and refers to the entity that issues the public works bond provided for in Civil Code sections 3247 and 3248 or any other surety bond that guarantees the payment of wages for labor.
(o) "Working Day" means any day that is not a Saturday, Sunday, or State holiday, as determined with reference to Code of Civil Procedure sections 12(a) and 12(b) and Government Code sections 6700 and 6701.


Note: Authority cited: Sections 55, 59, 1742(b) and 1773.5, Labor Code. Reference: Sections 2787, 3247 and 3248, Civil Code; Sections 12a and 12b, Code of Civil Procedure; Sections 6700, 6701, 11405.60 and 11405.70, Government Code; Sections 1720 et seq., 1722, 1722.1, 1726, 1741, 1742, 1742(b), 1771.5, 1771.6, 1771.6(b) and 1776, Labor Code; and 29 U.S.C. s175a.






s 17203. Computation of Time and Extensions of Time to Respond or Act.
(a) In computing the time within which a right may be exercised or an act is to be performed, the first day shall be excluded and the last day shall be included. If the last day is not a Working Day, the time shall be extended to the next Working Day.
(b) Unless otherwise indicated by proof of service, if the envelope was properly addressed, the mailing date shall be presumed to be: a postmark date imprinted on the envelope by the U.S. Postal Service if first-class postage was prepaid; or the date of delivery to a common carrier promising overnight delivery as shown on the carrier's receipt.
(c) Where service of any notice, decision, pleading or other document is by first class mail, and if within a given number of days after such service, a right may be exercised, or an act is to be performed, the time within which such right may be exercised or act performed is extended five days if the place of address is within the State of California, and 10 days if the place of address is outside the State of California but within the United States. However, this Rule shall not extend the time within which the Director may reconsider ormodify a decision to correct an error (other than a clerical error) under Labor Code section 1742(b). (continued)