Chapter 8. Office of the Director
Subchapter 4. Awarding Body Labor Compliance Programs
Article 1. Operation of Labor Compliance Program and Contracts Subject to Labor Compliance Program Jurisdiction

§16422. Applicable Dates for Enforcement of Labor Compliance Program.

(a) No contracts shall be subject to Labor Compliance Program jurisdiction nor shall the limited exemption from payment of prevailing wages pursuant to Labor Code Section 1771.5(a) apply to any contract of an Awarding Body unless and until the Labor Compliance Program has been approved by the Director pursuant to this subchapter.

(b) Contracts for which the Date of Notice or the Call for Bids is subsequent to the date of approval of a Labor Compliance Program are subject to Labor Code Section 1771.5. In the case of a contract for which there is no Call for Bids, the applicable date shall be the date of the award of the contract.

(c) Revocation of approval of a Labor Compliance Program by the Director shall not affect the limited exemption from payment of prevailing wages provided by Labor Code Section 1771.5(a) if the date of such revocation is subsequent to the Date of Notice or Call for Bids or, in the case of a contract for which there is no Call for Bids, subsequent to the date of the award of the contract.

(d) If the Director revokes approval of an awarding body's Labor Compliance Program that was approved pursuant to section 16425 below, the Director shall give notice to the Awarding Body specifying enforcement responsibilities, including with respect to cases pending hearing, as of the date of revocation.

(e) An Awarding Body may voluntarily terminate its Labor Compliance Program. With respect to each contract pending on the date of termination, the Awarding Body shall:

(1) Notify the Director of its intention and the effective date of the termination;

(2) Notify the contractor(s) and the Labor Commissioner of the identity of the agent who will carry out the compliance enforcement obligations of Labor Code Section 1771.5 on the remaining contracts; and

(3) Specify the fund into which penalties or forfeitures withheld from any contract payments shall be deposited.

(f) The Labor Commissioner may, in writing, agree to assume enforcement obligations on pending contracts of an Awarding Body which has voluntarily terminated its Labor Compliance Program. In such case, penalties and forfeitures shall be deposited in the general fund of the state.

(g) Upon receipt of a notice of revocation, a Labor Compliance Program that was approved pursuant to section 16426 below shall (1) enter into no new contracts to provide labor compliance program services for the purpose of meeting an awarding body's statutory obligation to have a labor compliance program that contains or meets the requirements of Labor Code Section 1771.5; (2) provide immediate written notice to all awarding bodies for which the Program has an existing contract to provide labor compliance program services that the Program has received a revocation notice; and (3) provide all reasonable assistance to those awarding bodies in transferring labor compliance program responsibilities to another approved Program in order to avoid any forfeiture of funds by those awarding bodies and any forfeiture of rights by workers on the projects for which the Program had monitoring and enforcement responsibilities.

Note: Authority cited: Section 1773.5, Labor Code. Reference: Sections 1771.5 and 1771.6, Labor Code.

 HISTORY 

   

1. Renumbering and amendment of former section 16425 to new section 16422 filed 10-19-2004; operative 11-18-2004 (Register 2004, No. 43).

2. Amendment of section heading and subsections (b) and (d) and new subsection  (g) filed 12-22-2008; operative 1-21-2009 (Register 2008, No. 52).