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In the event that the Labor Commissioner determines that a violation of chapter 1 of part 7 of the Labor Code has occurred, the Hearing Officer may recommend the penalty to be imposed on the Respondent.
(a) In setting a penalty, due consideration shall be given to the nature of the offense; the amount of underpayment of wages per worker; the experience of the Respondent in the area of public works; and the Respondent's compliance with Labor Code section 1776. The above considerations shall be based upon evidence presented at the hearing and made a part of the record.
NOTE: Authority cited: Section 1777.1(e), Labor Code. Reference: Section 1777.1, Labor Code.
HISTORY
1. New section filed 4-5-90 as an emergency; operative 4-5-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-3-90.
2. New section filed 9-4-90 as an emergency readoption effective 9-4-90 (Register 90, No. 42). A Certificate of Compliance must be transmitted to OAL by 1-2-91 or emergency language will be repealed on the following day.
3. Repealed on January 3, 1991 by operation of Government Code section 11346.1(g) (Register 91, No. 12).
4. New section filed 2-13-91; operative 2-13-91 (Register 91, No. 12).
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