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Chapter 8. Office of the Director
Subchapter 4. Awarding Body Labor Compliance Programs
Article 2. Approval and Revocation of Approval of Labor Compliance Programs by Director

New Query

§16427. Extended Authority.

(a) An Awarding Body or third party entity which has operated a Labor Compliance Program with active enforcement responsibilities for at least three consecutive years after initial approval may apply to the Director for extended authority. The applicant must have a record of submitting and obtaining approvals of forfeitures pursuant to section 16437 of these regulations and bears the burden of producing evidence that it meets the criteria in subpart (b) below.

(b) The Director may grant extended authority to an applicant that has satisfactorily demonstrated its understanding of and ability to monitor and enforce compliance with the requirements of the Labor Code and these regulations, and that has filed timely, complete, and accurate reports as required by these regulations.

(c) The Director shall notify the applicant within 90 days of the receipt of a request for extended authority that the request is granted and the effective date of and extent of any extended authority that is granted, or that the request is denied and the reason for the denial.

(d) A Labor Compliance Program with extended authority may enter into an agreement with the Labor Commissioner providing for different procedures for securing approval of forfeitures than those set forth in section 16437 below.

(e) Any Labor Compliance Program with final approval on the effective date of the amendments changing "final approval" to "extended authority" shall automatically be converted to the status of having "extended authority." The Director will maintain a list of Labor Compliance Programs with extended authority, for distribution to interested parties upon request. The Director may agree to alternative reporting formats under section 16431 of these regulations for such programs, and shall maintain a list of interested parties who wish notification of alternative reporting formats before adoption.

(f) For good cause, which shall include but not be limited to the failure within a three year period to request and obtain any approvals of forfeitures pursuant to section 16437 of these regulations, the Director may withdraw a program's Extended Authority.

Note: Authority cited: Section 1773.5, Labor Code. Reference: Section 1771.5, Labor Code.

1. New section filed 2-20-92; operative 3-23-92 (Register 92, No. 13).

2. Amendment filed 10-19-2004; operative 11-18-2004 (Register 2004, No. 43).

3. Amendment of section heading, section and Note filed 12-22-2008; operative 1-21-2009 (Register 2008, No. 52).

4. Amendment of subsections (a) and (b) and new subsection (f) filed 6-29-2010; operative 8-1-2010 pursuant to Government Code section 11343.4(b) (Register 2010, No. 27).

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