This information is provided free of charge by the Department of Industrial Relations from its web site at www.dir.ca.gov. These regulations are for the convenience of the user and no representation or warranty is made that the information is current or accurate. See full disclaimer at http://www.dir.ca.gov/od_pub/disclaimer.html.

Chapter 8. Office of the Director
Subchapter 3. Payment of Prevailing Wages upon Public Works
Article 7. Withholding of Funds From Contractor- - Hearing Procedure

New query

§16412. Withholding, Retention, or Forfeiture.

(a) When notice has been sent as provided in section 16411, above, the awarding body shall proceed to withhold, retain, or forfeit the amount stated in the notice, pursuant to Labor Code 1727. Such withholding, retention, or forfeiture shall be subject to the right of a contractor or affected subcontractor to request a hearing, as provided in section 16413, below, and further subject to the right of a contractor or a contractor's assignee to bring suit against the awarding body as provided by Labor Code 1731-1733.

(b) Nothing in these regulations shall extend, or affect in any way, the statutory time limits provided by Labor Code 1731-1733.

NOTE

Authority cited: Section 1773.5, Labor Code. Reference: Sections 1727, 1730, 1731, 1732, 1733, 1775, 1776(g) and 1813, Labor Code.

HISTORY

1. New section filed 2-16-99 as an emergency; operative 2-16-99 (Register 99, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-16-99 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 6-14-99 as an emergency; operative 6-14-99 (Register 99, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-12-99 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 10-4-99 as an emergency; operative 10-4-99 (Register 99, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-1-2000 or emergency language will be repealed by operation of law on the following day.

4. New section refiled 1-20-2000 as an emergency; operative 2-2-2000 (Register 2000, No. 3). A Certificate of Compliance must be transmitted to OAL by 6-1-2000 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 1-20-2000 order transmitted to OAL 3-29-2000 and filed 5-4-2000 (Register 2000, No. 18).

Go BackGo Back to Article 7 Table of Contents