(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 rely 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, 1398, Labor Code; Reference: Sections 15374, 15375, 15376, 15377, 15378, Government Code; Sections 1286, 1308.2, 1308.3, 1308.4, Labor Code.
1. New Section filed 7-23-98; operative 8-22-98 (Register 98, No. 30).
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