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Chapter 2. California Apprenticeship Council
Article 10. Required Apprentices On Public Works Contract
Subchapter 1. Apprenticeship
Subarticle 1. General

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§232.02. Definitions

For the purpose of these Rules:

(a) “Administrator” means the Administrator of Apprenticeship, who is the Director of the Department of Industrial Relations;

(b) “Affected Contractor, Subcontractor, or Responsible Officer” means a contractor or subcontractor (as defined under Labor Code section 1722.1) or Responsible Officer (as defined herein at subpart (p)) to whom the Chief DAS has issued a Determination of civil penalty or debarment pursuant to Labor Code section 1777.7. ;

(c) “Awarding Body” means an awarding body or body awarding the contract (as defined in Labor Code section 1722);

(d) “Chief DAS” means the Chief of the Division of Apprenticeship Standards, who may act through his or her designee or the Division of Apprenticeship Standards;

(e) “DAS” means the Division of Apprenticeship Standards;

(f) “Debarment” means the denial of the right to bid on or be awarded or to perform work as a contractor or subcontractor on any public works contract, that has been issued by the Chief DAS under Labor Code section 1777.7;

(g) “Department” means the Department of Industrial Relations;

(h) “Determination” means a civil penalty or debarment issued by the Chief DAS or his or her designee pursuant to Labor Code section 1777.7;

(i) “Director” means the Director of the Department of Industrial Relations;

(j) “Division” means the Division of Apprenticeship Standards;

(k) “Hearing Officer” means any person appointed by the Director pursuant to Labor Code section 1777.7 to conduct hearings and other proceedings under Labor Code section 1777.7 and these Rules;

(l) “Joint Labor-Management Committee” means a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (section 175a of Title 29 of the United States Code);.

(m) “Party” means an Affected Contractor, Subcontractor, or Responsible Officer , the Chief, DAS and any other Person who has intervened under subparts (a), (b), or (c) of Rule 08 (Section 232.08).

(n) “Person” means an individual, partnership, limited liability company, corporation, governmental subdivision or unit of a governmental subdivision, or public or private organization or entity of any character;

(o) “Representative” means a person authorized by a Party to represent that Party in a proceeding before a Hearing Officer;

(p) “Responsible Officer” means a person responsible for exercising supervision and control of a contractor's or subcontractor's operations as is necessary to secure compliance with the public works -- including public works apprenticeship -- obligations of a public works contractor or subcontractor set forth in Chapter 1 of Part 7 of Division 2 of the Labor Code, commencing with Section 1720.

(q) “Rule” refers to a section within sections 232.01-232.70 The Rule number corresponds to the last two digits of the full section number. (For example, Rule 08 is section 232.08.)

(r) “Settlement Officer” means a Hearing Officer as defined in subpart (k) who conducts a settlement meeting under the provisions of Rule 21 (Section 232.21).

(s) “Surety” means a surety (as defined in Civil Code section 2787) that issues a bond for the performance of a public works job, but only where the Surety assumed the contract for performance of the public works job by an Affected Contractor, Subcontractor, or Responsible Officer, and where the Surety operated the job when the violations of Labor Code section 1777.5 occurred.

(t) “Working Day” means any day that is not a Saturday, Sunday, or State holiday, as determined with reference to Code of Civil Procedure sections 12(a) and 12(b) and Government Code sections 6700 and 6701.

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Sections 11405.40, 11405.60, 11405.70 and 11405.80, Government Code.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

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