California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 6 - Division of Labor Standards Enforcement
Subchapter 14 - Foreign Labor Contractor Registration
Article 3 - Denial of Registration; Suspension and Revocation
Section 13864 - Periods of Suspension or Revocation
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Labor Commissioner may in his or her discretion determine whether a registration will be suspended or revoked based on a review of the circumstances related to a registration. Unless there is a specific determination that the circumstances justify a different period, the following periods may be imposed.
(b) Suspension periods shall be between 30 to 90 days if one of the violations or grounds for disqualification or discipline relates to the failure to disclose required information to a worker or the Labor Commissioner; 3-6 months if two of the violations or grounds relate to the failure to disclose required information to a worker or the Labor Commissioner and 6 months to 1 year if three or more of the violations or grounds relate to the failure to disclose required information to a worker or the Labor Commissioner.
(c) Revocation shall be between 6 months to 2 years if the contractor is found to have committed fraud toward a worker in connection with performing any foreign labor contracting activity or made a material misrepresentation in connection with an application.
(d) A contractor whose registration is revoked under this section may apply for a new registration upon expiration of a revocation which is for a specified period. An application for new registration shall be denied unless all judgments and settlement agreements related to any failure to comply with laws applicable to foreign labor contractors are satisfied.
1. New section filed 10-8-2018; operative 1-1-2019 (Register 2018, No. 41).
Note: Authority cited: Section 9998.11, Business and Professions Code; Reference: Sections 9998.1.5, 9998.2.5, 9998.3, 9998.7 and 9998.11, Business and Professions Code.