Chapter 6. Division of Labor Standards Enforcement [FNA1]
Subchapter 13. Janitorial Registration and Training
Article 4. Denial of Registration; Suspension and Revocation (Refs & Annos)

§ 13814. Notice of Denial, Suspension or Revocation; Notice of Defense.

(a) Denial of an application for registration, and revocation or suspension of registration, shall be upon proper notice and upon hearing, if appealed. The appeal shall be directed to the Labor Commissioner, who shall assign the matter to a hearing officer for hearing. The hearing shall be conducted according to the rules set forth in this article, and except as specifically provided herein, the provisions of Title 2, Division 3, Part 1, Chapter 5 of the Government Code (commencing with Government code section 11500) shall not apply to these proceedings.

(1) Proceedings to determine whether a registration shall be revoked or suspended shall be initiated by filing an accusation. The accusation shall be a written statement of charges which sets forth in ordinary and concise language the acts or omissions with which the registrant is charged, and shall specify the statutes or rules which the registrant is alleged to have violated.

(2) Proceedings to determine whether an initial or renewal application for registration shall be denied shall be initiated by filing a statement of issues. The statement of issues shall be a written statement specifying the statutes and rules with which the applicant must show compliance by producing proof at the hearing and, in addition, any particular matters that have come to the attention of the Labor Commissioner that would authorize a denial of the application for registration.

(b) Upon the filing of an accusation or statement of issues, the Labor Commissioner shall serve a copy thereof on the registrant or applicant in a manner provided by Government Code section 11505(c). The copy of the accusation or statement of issues shall include:

(1) a statement that the respondent may request a hearing by filing a notice of defense within 15 days after service upon the respondent of the accusation or statement of issues, and that failure to do so will constitute a waiver of the respondent's right to a hearing; and

(2) a form entitled notice of defense which, when signed by or on behalf of the respondent and returned to the Labor Commissioner, will constitute a request for a hearing. Use of this form is an optional method of filing a notice of defense requesting a hearing.

(c) Within 15 days after service of the accusation or statement of issues, the respondent may file with the Labor Commissioner a notice of defense in which the respondent may:

(1) request a hearing;

(2) object to the accusation or statement of issues on the ground that it does not state acts or omissions upon which the Labor Commissioner may proceed;

(3) object to the form of the accusation or statement of issues on the ground that it is so indefinite or uncertain that the respondent cannot prepare a defense;

(4) admit the accusation or statement of issues in whole or in part; or

(5) present new matter by way of a defense.

(d) Failure to file a timely notice of defense shall constitute a waiver of respondent's right to a hearing, but the Labor Commissioner, in his or her discretion, may nevertheless grant a hearing.

Note: Authority cited: Section 1422, Labor Code. Reference: Sections 1428, 1429 and 1430, Labor Code.

HISTORY

1. New section filed 7-1-2020; operative 7-15-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 27). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.)