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Article 12. Tower Cranes--Operating Permit and Certification Requirements
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(a) The Division may at any time, upon a showing of good cause and after notice and an opportunity to be heard, revoke or suspend any permit issued pursuant to this article.
(b) Notice shall be in writing and served upon the applicant at least 24 hours in advance of the hearing. Service shall be by personal service or certified mail to the project address as shown on the application form. The notice shall specify the reasons for the action taken by the Division. The Division shall also include within the notice of revocation or suspension specific conditions which must be met before the applicant will be entitled to resume operation of the tower crane.
(c) The hearing shall be held as soon as possible at the Division's headquarters offices or at such other location as may be designated by the Director and shall be presided by the Chief of the Division or authorized representative.
(d) During the hearing, the Division shall establish good cause for the action taken. Good cause is deemed to exist if the Division establishes any of the criteria set forth in Labor Code section 7374(a).
(e) The period of suspension or revocation for the commission of any act referenced in Labor Code section 7374(a) shall be six months for the first such suspension and one year for each subsequent suspension or revocation.
(1) The commission of any other act referenced in subsection (d) may result in suspension or revocation of up to one year.
(f) The crane employer may appeal such suspension or revocation to the Director. The Director shall hold a hearing at such place designated by the Director or authorized representative for the convenience of the attending parties within five working days of the appeal. The crane employer shall notify employees and employees' representatives of such hearing in a reasonable time prior to the hearing.
The crane employer shall have the burden of establishing qualification for crane operation.
(g) Following the hearing, the Director shall issue a decision within ten business days. The Director's decision shall be final except for any rehearing or judicial review provided for by law. All requests for rehearings shall be filed with the Director within ten days from the date of the Director's decision.
(h) The filing of an appeal shall not stay the revocation or suspension, and such action shall remain in effect until such time as the applicant presents proof that the specified written conditions required by the Division are met or until otherwise ordered after resolution of the appeal.
NOTE: Authority cited: Sections 60.5, 6308, 7373, 7374 and 7375, Labor Code. Reference: Sections 7371, 7373 and 7374, Labor Code.
1. New section filed 7-15-91 as an emergency; operative 7-15-91 (Register 91, No. 44). A Certificate of Compliance must be transmitted to OAL 11-12-91 or emergency language will be repealed by operation of law on the following day.
2. Repealer of subsections (d)(1)-(2) and amendment of NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
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