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(a) An Awarding Body that requests and receives approval from the Director to continue operating a previously approved Labor Compliance Program for every public works project under its authority shall not be subject to the fees, notices, or compliance monitoring provisions of this subchapter, provided that it remains in compliance with the requirements of subchapter 4 (sections 16421 through 16439) and continues to monitor and enforce compliance on all of its projects, including projects that otherwise would be subject to this subchapter.

(b) An Awarding Body that requests and receives approval from the Director to continue operating a previously approved Labor Compliance Program only for those public works projects under its authority that are subject to the requirements of this subchapter pursuant to subparts (a)(1) and (a)(2) of section 16450 above, shall be exempt from the fees due under section 16452 above and shall not be subject to the compliance monitoring provisions of Article 2 of this subchapter (commencing with section 16460), provided that (1) it has provided the notices required by sections 16423(b) and 16451 above; (2) it remains in compliance with the requirements of subchapter 4 (sections 16421 through 16439); and (3) it continues to monitor and enforce compliance on all projects subject to this subchapter.

(c) Notwithstanding subparts (a) and (b), an Awarding Body shall lose its exemption and be subject to the fees and other requirements of this subchapter if the Director determines that the Awarding Body does not meet the conditions for a fee waiver under subpart (a) or (b) above, or is contracting with a third party to conduct its labor compliance program on its projects. However, this subpart shall not be construed as precluding the use of consultants under the following circumstances:

(1) for legal representation or other licensed professional services that are directly related to the operation of the labor compliance program and that require special expertise that is not available among the Awarding Body's own employed staff;

(2) to augment employed staff in the performance of tasks required under section 16432 above, provided that the consultants exercise no discretionary authority on behalf of the Awarding Body and are under the direct day-to-day control and supervision of Awarding Body employees who are principally and primarily engaged in performing duties on behalf of the labor compliance program;

(3) for the purpose of reviewing program operations or providing other assistance on a purely advisory basis in which the consultant has no authority to act or withhold action on behalf of the Awarding Body nor the authority to compel, withhold, or delay any action by the Awarding Body; or

(4) for any project or purpose that would not be subject to a fee under this subchapter or require the use of an approved labor compliance program under section 16423 above.

(d) An Awarding Body that is entitled to a waiver of the Department's fees for compliance monitoring and enforcement, as specified in this section, may retain, request, or seek reimbursement of any fees or funding provided for the support of labor compliance monitoring and enforcement activities, to the extent authorized by any funding agency and any other applicable law.

(e) The fee waiver provided by this section shall apply to any Awarding Body Labor Compliance Program that has been approved pursuant to sections 16425, 16426, or 16427 above and that has requested and received approval for continued operation under subpart (a) or subpart (b) above. The Director shall maintain a list of Awarding Body Labor Compliance Programs that are exempt from fees under either subpart (a) or subpart (b) of this section and may post this list on the Department of Industrial Relations' website.

Note: Authority cited: Sections 1771.3, 1771.5 and 1773.5, Labor Code. Reference: Sections 17250.30 and 81704, Education Code; Section 6531, Government Code; Sections 1771.3, 1771.5, 1771.7, 1773.2 and 1773.3, Labor Code; and Sections 6804, 20133, 20175.2, 20193, 20209.7, 20688.6 and 20919.3, Public Contract Code.

1. New section filed 6-29-2010; operative 8-1-2010 pursuant to Government Code section 11343.4(b) (Register 2010, No. 27).

2. Repealer filed 11-4-2010 as an emergency; operative 11-4-2010 (Register 2010, No. 45). A Certificate of Compliance must be transmitted to OAL by 5-3-2011 or emergency language will be repealed by operation of law on the following day.

3. Repealer refiled 5-2-2011 as an emergency, including amendment of Note; operative 5-2-2011 (Register 2011, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2011 or emergency language will be repealed by operation of law on the following day.

4. Repealer refiled 8-1-2011 as an emergency; operative 8-1-2011. A Certificate of Compliance must be transmitted to OAL by 10-31-2011 or emergency language will be repealed by operation of law on the following day (Register 2011, No. 31).

5. Certificate of Compliance as to 8-1-2011 order, including amendment of section heading, adoption of new section and amendment of Note, transmitted to OAL 10-28-2011 and filed 12-7-2011; operative 1-1-2012 (Register 2011, No. 49).