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

§16416. Hearing and Decision.

(a) An impartial hearing officer shall be appointed to hear the appeal in accordance with the requirements of Title 8, California Code of Regulations, section 17204 [Director's Prevailing Wage Hearing Regulations].

(b) A written notice of hearing shall be sent to the appellant or appellant's representative and to the Labor Commissioner's representative at least ten (10) days prior to the date of hearing. The hearing officer may first schedule a telephone prehearing conference with the parties or their representatives for the purpose of identifying and narrowing the issues, coordinating the scheduling of the hearing, and making any orders needed to facilitate the production or exchange of evidence.

(c) Unless otherwise ordered by the hearing officer, the hearing shall be conducted in accordance with the procedures specified in sections 17240, 17241(b) and (c), 17242 through 17249, and 17252 of the Director's Prevailing Wage Hearing Regulations.

(d) Within five (5) days following the conclusion of the hearing in which revocation has been stayed under section 16414(d) and within ten (10) days following the conclusion of the hearing in all other cases, the hearing officer shall issue a written decision that upholds or reverses the denial or revocation of registration and explains the basis for the decision. If a determination to deny or revoke registration is upheld, the decision shall also specify the length of time, if any, during which the appellant shall be disqualified from registering with the Department.

(e) The hearing officer's decision shall be the final decision of the Director of Industrial Relations, and shall not be subject to further appeal except by writ of administrative mandate to the appropriate superior court pursuant to Code of Civil Procedure Section 1094.5, within 45 days after service of the hearing officer's decision. The procedures specified in sections 17262(d) and 17263 of the Director's Prevailing Wage Hearing Regulations shall apply in the event of any such mandamus appeal to superior court.

Note: Authority cited: Section 1773.5, Labor Code. Reference: Sections 1725.5, 1742 and 1771.1, 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).