California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 6 - Division of Labor Standards Enforcement
Subchapter 15 - Public List of Certain Port Drayage Motor Carriers and Customer Sharing of Liability Under Labor Code Section 2810.4
Article 2 - Compilation and Maintenance of Public List of Port Drayage Motor Carriers
Section 13878 - Response to Notice

Universal Citation: 8 CA Code of Regs 13878

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A port drayage motor carrier that receives notice from the Labor Commissioner's Office regarding potential placement on the public list on the Labor Commissioner's internet webpage must respond within 15 business days from the date of the notice sent by the Labor Commissioner, if the motor carrier believes it should not be placed on the public list of port drayage motor carriers with an unsatisfied final court judgment, tax assessment, or tax lien.

(b) A port drayage motor carrier that does not believe it should be placed on the public list because the judgment, assessment, or lien has been satisfied or settled must present adequate proof that it has satisfied the judgment, assessment, or lien, or entered into an approved settlement agreement dispensing of the judgment, assessment, or lien by submitting the following to the Labor Commissioner's Office:

(1) A written statement declaring under penalty of perjury that the judgment, assessment, or lien has been satisfied or that a settlement agreement dispensing with the judgment has been entered into; and

(2) A copy of any of the following documents that applies. For purposes of this subsection, "conformed copy" is a copy of an official document that was, in fact, filed in a court or administrative case which has a stamp, signature, or other indication on the document reflecting receipt for filing by the court or administrative body.

(A) conformed copy of an Acknowledgment of Full Satisfaction of Judgment form (Judicial Council EJ-100) (Rev. July 1, 2014) or other pleading that indicates full satisfaction of a judgment that is filed in a court case;

(B) an executed release from the judgment creditor approved by the Labor Commissioner's Office;

(D) a court-approved settlement agreement;

(E) a notarized settlement agreement;

(F) a written settlement agreement signed by an authorized representative of the Labor Commissioner's Office or relevant taxing authority;

(G) evidence of settlement payment, including any installment payment (if applicable) that has been made;

(H) other evidence showing that the port drayage motor carrier has otherwise satisfied the judgment, assessment, or lien; or

(I) a conformed copy of a final ruling, order, opinion, or other written disposition demonstrating that a port drayage motor carrier that is a prior offender prevailed on an appeal of a subsequent non-final judgment, ruling, citation, tax assessment, tax lien, order, decision, or award filed in a court or administrative forum.

(c) The port drayage motor carrier must mail a completed written statement with all accompanying documentation as required by Subsection (b), postmarked no later than 15 business days from the date of the notice to the Labor Commissioner's Office, Attn: SB 1402 Proof of Payment or Settlement, 1500 Hughes Way, Suite C-202, Long Beach, CA 90810, or must submit a completed written statement as required by Subsection (b), with all accompanying documentation electronically in pdf format no later than midnight on the 15th business day from the date of the notice via email to: SB1402@dir.ca.gov.

1. New section filed 2-16-2022; operative 4-1-2022 (Register 2022, No. 7). (Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)

Note: Authority cited: Section 2810.4, Labor Code. Reference: Section 2810.4, Labor Code.

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