Chapter 8. Office of the Director
Subchapter 4. Awarding Body Labor Compliance Programs
Article 3. Reports and Audits

§16431. Annual Report.

The Labor Compliance Program shall submit to the Director an annual report on its operation within 60 days after the close of its annual reporting period, as defined in subpart (c) below. The annual report shall contain, at the minimum, the following information:

(1) Number of contracts monitored or enforced, and their total value;

(2) If applicable, the number, description, and total value of contracts awarded which were exempt from the requirement of payment of prevailing wages pursuant to Labor Code Section 1771.5(a);

(3) A summary of penalties and forfeitures imposed and withheld, or recovered in proceedings under Labor Code Section 1742 or in a court of competent jurisdiction;

(4) A summary of wages due to employees resulting from failure by contractors or subcontractors to pay prevailing wage rates, the amount withheld from money due the contractors, and the amount recovered by action in any court of competent jurisdiction.

(5) For a private entity operating a third party Labor Compliance Program, (A) a certification of compliance with conflict of interest disclosure requirements by employees and consultants who participate in making governmental decisions, as defined under 2 C.C.R. Section 18701, and (B) a current statement disclosing the information required under 8 C.C.R. Section 16426(a)(2), (3) and (5) above.

(b) A Labor Compliance Program whose contract responsibilities are statewide, or which involves widely dispersed and numerous contracts, or which is required to report contract enforcement to federal authorities in a federal format, may adopt a summary reporting format to aggregate small contracts and estimate numbers and dollar values required by (a)(1) and (2). A summary reporting format may be adopted by agreement with the Director after advance notice to interested parties, and a list of parties requesting such notice shall be kept by the Director.

(c) For purposes of this section, the annual reporting period shall be deemed to commence on the first of the month in which a Labor Compliance Program is first granted initial approval pursuant to Section 16425 or 16426 above and shall conclude on the last day of the month immediately proceeding that date in the following year. A Labor Compliance Program shall use the same reporting period in succeeding years; provided that for good cause the Director may authorize a change in the reporting period.

NOTE

Authority cited: Section 1773.5, Labor Code. Reference: Sections 1771.5, 1771.6 and 1777.1, Labor Code.

HISTORY

1. New section filed 2-20-92; operative 3-23-92 (Register 92, No. 13).

2. Amendment relocating and amending article 3 heading that formerly preceded section 16429 to new placement preceding section 16431 and amendment of section filed 10-19-2004; operative 11-18-2004 (Register 2004, No. 43).