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Chapter 2. California Apprenticeship Council
Article 10. Required Apprentices On Public Works Contract
Subchapter 1. Apprenticeship
Article 4 Hearings
§232.50. Burdens of Proof on Wages and Penalties.
(a) The Chief DAS has the burden of coming forward with evidence that the Affected
Contractor, Subcontractor, or Responsible Officer (1) was served with a Determination
of civil penalty or debarment in accordance with Rule 20 [Section 232.20]; (2)
was provided a reasonable opportunity to review evidence to be utilized at the
hearing in accordance with Rule 24 [Section 232.24]; (3) that such evidence provides
prima facie support for the Determination of civil penalty or debarment; (4) where
the civil penalty is set above zero, that the Chief DAS has considered all of
the circumstances listed in Labor Code section 1777.7(f); (5) where debarment
is sought, that the violation is serious, and that the Chief DAS has considered
all of the circumstances listed in Labor Code section 1777.7(f); and, (6) where
a Determination has issued against a prime contractor for the violations of a
subcontractor, that the evidence provides prima facie support to show knowledge
of the prime contractor or failure by the prime contractor to comply with requirements
as listed under Labor Code section 1777.7(d).
(b) If the Chief DAS meets its initial burden under subpart (a), the Affected
Contractor, Subcontractor, or Responsible Officer has the burden of producing
evidence to disprove a knowing violation of Labor Code section 1777.5, to disprove
the circumstances relied on by the Chief DAS under Labor Code section 1777.7(f),
and to disprove knowledge of the prime contractor or failure ot the prime contractor
to comply with the requirements as listed under Labor Code section 1777.7(d).
(c) All burdens of proof and burdens of producing evidence shall be construed
in a manner consistent with relevant sections of the Evidence Code, and the
quantum of proof required to establish the existence or non-existence of any
fact shall be by a preponderance of the evidence, unless a higher standard is
prescribed by law.
NOTE
Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor
Code.
HISTORY
1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31)
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