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Title 8. Industrial Relations Chapter 8. Office of the Director Subchapter 4.5. Compliance Monitoring and Enforcement by Department of Industrial Relations Article 2. Compliance Monitoring by Labor Commissioner

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§16460. Establishment of Compliance Monitoring Unit.

(a) For the purposes of carrying out the specific labor compliance monitoring and enforcement responsibilities prescribed by Labor Code Section 1771.55 and the regulations in this Article, the Labor Commissioner shall establish a Compliance Monitoring Unit within the Division of Labor Standards Enforcement. The functions carried out by the Compliance Monitoring Unit shall be in addition to and shall not limit or supplant the other public works investigation and enforcement responsibilities and authority of the Labor Commissioner and the Division of Labor Standards Enforcement under any other statute or regulation.

(b) Nothing in this subchapter shall be construed as (1) limiting the responsibility and authority of an Awarding Body to take cognizance of prevailing wage violations under Labor Code Section 1726 and take any appropriate action pursuant to and in accordance with that responsibility and authority, or (2) precluding any other remedies otherwise authorized by law to remedy violations of Division 2, Part 7, Chapter 1 of the Labor Code.

(c) The failure of the Compliance Monitoring Unit, the Division of Labor Standards Enforcement, or any other part of the Department of Industrial Relations to comply with any requirement imposed by this subchapter shall not of itself constitute a defense to the failure to pay prevailing wages or to comply with any other obligation imposed by Division 2, Part 7, Chapter 1 of the Labor Code.

Note: Authority cited: Sections 54, 55, 1771.55 and 1773.5, Labor Code. Reference: Sections 1726, 1741, 1771.2, 1771.5, 1771.55 and 1781, Labor Code.

HISTORY

1. New article 2 (sections 16460-16464) and section filed 6-29-2010; operative 8-1-2010 pursuant to Government Code section 11343.4(b) (Register 2010, No. 27).

2. Repealer of article 2 (sections 16460-16464) and section 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 A Certificate of Compliance must be transmitted to OAL by 5-3-2011 or emergency language will be repealed by operation of law on the following day.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 of article 2 (sections 16460-16464) and section refiled 5-2-2011 as an emergency; 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 of article 2 (sections 16460-16464) and section 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. Reinstatement of article 2 (sections 16460-16464) and section as they existed prior to 11-4-2010 emergency repeal by operation of Government Code section 11346.1(f) (Register 2011, No. 49).

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