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Chapter 8. Office of the Director Subchapter 4. Awarding Body Labor Compliance Programs Subchapter 4.5. Compliance Monitoring and Enforcement by Department of Industrial Relations Article 1. Notices, Fees, and Fee Waivers

§16452. Fees for Compliance Monitoring and Enforcement by Department of Industrial Relations. [Text effective January 1, 2012]

(a) The Department shall charge a fee for purposes of recovering its reasonable and necessary costs that are directly related to the monitoring and enforcement of prevailing wage requirements on each project that is subject to the fee.

(b) For projects that are paid for in whole or in part out of public funds derived from any bond issued by the state, the Department shall determine the rate or rates to charge in accordance with the requirements and subject to the limitations set forth in Labor Code Section 1771.3(a)(3).

(c) Subject to any further limitation on state bond-funded projects established in accordance with subpart (b) above, the maximum fee assessed for any project shall not exceed one-quarter of one percent of the total amount of the total project costs, including the gross amount of every contract for “public works” within the meaning of sections 1720 and following of the Labor Code, but not including amounts paid for land acquisition or for internal costs or contracts that are not for public works within the meaning of sections 1720 and following of the Labor Code.

(d) Fees collected pursuant to this section shall be deposited in the State Public Works Enforcement Fund and shall be used only for the monitoring and enforcement of prevailing wage requirements on projects subject to the fee.

Note: Authority cited: Sections 1771.3, 1771.5 and 1773.5, Labor Code. Reference: Sections 17250.30 and 81704, Education Code; Section 6531, Government Code; Sections 1771.3, 1771.5, 1771.7, 1773.2 and 1773.3, Labor Code; and Sections 6804, 20133, 20175.2, 20193, 20209.7, 20688.6 and 20919.3, Public Contract Code.

HISTORY

1. New section filed 6-29-2010; operative 8-1-2010 pursuant to Government Code section 11343.4(b) (Register 2010, No. 27).

2. Repealer filed 11-4-2010 as an emergency; operative 11-4-2010 (Register 2010, No. 45). A Certificate of Compliance must be transmitted to OAL by 5-3-2011 or emergency language will be repealed by operation of law on the following day.

3. Repealer refiled 5-2-2011 as an emergency, including amendment of Note; operative 5-2-2011 (Register 2011, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2011 or emergency language will be repealed by operation of law on the following day.

4. Repealer refiled 8-1-2011 as an emergency; operative 8-1-2011. A Certificate of Compliance must be transmitted to OAL by 10-31-2011 or emergency language will be repealed by operation of law on the following day (Register 2011, No. 31).

5. Certificate of Compliance as to 8-1-2011 order, including amendment of section heading, adoption of new section and amendment of Note, transmitted to OAL 10-28-2011 and filed 12-7-2011; operative 1-1-2012 (Register 2011, No. 49).

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