Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Within sixty (60) calendar days of
receiving an application, the Labor Commissioner shall inform the applicant in
writing that either:
(1) The application is
complete and accepted for filing, or
(2) The application is incomplete, specifying
the information required to correct the deficiency.
(A) Within thirty (30) calendar days from the
date on the written notice of an incomplete application, the applicant must
correct and return the application to the Labor Commissioner.
(B) If the applicant fails to meet this
deadline, the application will be rejected, and the applicant shall forfeit the
application fee. Following a rejection pursuant to this subdivision, the
applicant may submit a subsequent application, which must be accompanied by the
required fee.
(b) Within forty-five (45) calendar days
after accepting a complete application, the Labor Commissioner shall inform the
applicant in writing of the decision on the application.
(c) In the event that the Labor Commissioner
fails to reach a permit decision within forty-five (45) calendar days of
accepting a complete application, the applicant may appeal to the Labor
Commissioner as the chief of the Division of Labor Standards Enforcement in
accordance with the following procedure:
(1)
The appeal shall be in writing and shall be delivered in person or postmarked
within fifteen (15) calendar days after the maximum time period specified in
subdivision (b) has elapsed.
(2)
After receiving the appeal, the Labor Commissioner shall determine whether or
not the Division exceeded the maximum time limit provided in subdivision (c)
with good cause. "Good cause" pursuant to subdivision (h) of Government Code
Section 15376 means that:
(A) The Division
processed 15% more registrations than in the same calendar quarter of the
preceding year, or
(B) The Division
was required to reply on another public or private entity to process any part
of the application and that entity was responsible for the
delay.
(3) If the Labor
Commissioner finds no good cause for the Division's failure to reach a permit
decision after no more than forty-five (45) calendar days of accepting a
complete application, the Labor Commissioner shall refund the appellant's
application fee in full and the Commissioner shall ensure that the appellant's
application is expedited without additional delay or any additional
fee.
(4) If the Labor Commissioner
finds good cause for the untimely processing, the Labor Commissioner shall not
refund the appellant's application fee or any portion of the fee.
(5) A finding on timely processing by the
Labor Commissioner shall have no bearing on the sufficiency or the validity of
the application, which shall be determined in the same manner as any other
application.
(d) The
following information is provided pursuant to Government Code Section 15376.
During the past two years, the Division's time periods for processing an
application from the receipt of the initial application to the final issuance
or denial of certification were as follows:
(1) The median time was fifty (50) calendar
days;
(2) The minimum time was
thirty (30) calendar days;
(3) The
maximum time was one hundred thirty-five (135) calendar
days.
1. New
section filed 7-23-98; operative 8-22-98 (Register 98, No.
30).
Note: Authority cited: Sections
54,
55, 59, 1311 and 1398, Labor Code.
Reference: Sections 15374, 15375, 15376, 15377 and 15378, Government Code; and
Sections 1286, 1308.2, 1308.3 and 1308.4, Labor
Code.
