Chapter 8. Office of the Director
Subchapter 4. Awarding Body Labor Compliance Programs
Article 5. Enforcement

§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.

HISTORY

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

2. Amendment of section heading, section and Note filed 10-19-2004; operative 11-18-2004 (Register 2004, No. 43).