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 13879 - Labor Commissioner Disposition of Responses Timely Received

Universal Citation: 8 CA Code of Regs 13879

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

(a) If the port drayage motor carrier provides a timely response as required by section 13878 no later than 15 business days from the date of the notice, the motor carrier will not be placed on the public list pending the Labor Commissioner's determination of whether the motor carrier presented adequate proof that the judgment, assessment, or lien has been satisfied, or proof of an approved settlement dispensing of the judgment, assessment, or lien.

(b) The Labor Commissioner will inform the port drayage motor carrier by letter:

(1) If the port drayage motor carrier will not be placed on the list with respect to a specific judgment, assessment, or lien because sufficient proof has been provided demonstrating that the judgment, assessment, or lien identified has been satisfied or settled. However, port drayage motor carriers with more than one judgment, assessment, or lien who fail to present sufficient proof that all outstanding judgments, assessments, or liens have been satisfied will be placed on the public list.

(2) If the port drayage motor carrier will be placed on the public list because the motor carrier entered into a settlement agreement but the Labor Commissioner's Office has determined that a settlement payment (including any installment payment) has not been timely made according to the terms of the settlement agreement.

(3) If the port drayage motor carrier will be placed on the public list because the Labor Commissioner's Office determines that the motor carrier has not provided sufficient proof that the judgment, assessment, or lien identified has been satisfied or settled.

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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