Chapter 8. Office of the Director
Subchapter 3. Payment of Prevailing Wages upon Public Works
Article 7. Registration of Public Works Contractors

§16413. Denial of Registration.

(a) Incomplete Registration: Registration shall be denied based on an applicant's failure to submit all of the information required by section 16411 or submit the registration fees required by section 16412(a). Denial of registration on this basis shall be without prejudice to completing the application or submitting a new application for registration that includes all the required information and the required registration fees.

(b) Denial on Merits: Registration shall also be denied based on an applicant's failure to meet any of the qualifications specified in Labor Code Section 1725.5 or upon the subsequent cancelation or dishonor of any fee payment submitted with the application.

(c) Within sixty (60) days following the issuance of any notice of denial pursuant to subsection (b), including a notification of denial provided at the conclusion of the online registration process or any written notice of denial that is subsequently transmitted, mailed, or delivered to the applicant for registration, the applicant may appeal the denial by submitting a request for reconsideration and hearing.

(d) The appeal shall be in writing and transmitted as specified in section 16415. The appeal shall identify the date and means (electronic notice or other) through which registration was denied, and shall specify the grounds for appeal, including why the applicant believes that the denial was in error. The appeal may include additional evidence or information in support of the applicant's claim that the denial was in error.

(e) A hearing shall be set within thirty (30) days of receipt of an appeal submitted pursuant to subsections (c) and (d). With the consent of the applicant, the hearing may be conducted by conference call or other electronic means in lieu of personal appearances.

(f) At any time up until 48 hours prior to the scheduled date and time of the hearing, the Labor Commissioner may reconsider and, for good cause, rescind the denial and authorize registration, provided that the applicant is qualified for registration under Labor Code Section 1725.5 and has paid the fees and any penalties required by section 16412(a) of these regulations.

Note: Authority cited: Section 1773.5, Labor Code. Reference: Section 1725.5, Labor Code.

HISTORY

1. New section filed 3-23-2020; operative 5-15-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 13).