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 13881 - Removal from Public List

Universal Citation: 8 CA Code of Regs 13881

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

After a port drayage motor carrier has been placed on the public list, the Labor Commissioner shall remove the motor carrier from the list within 15 business days upon the following:

(a) The Labor Commissioner's Office determines after review of submitted documents specified in subsections (1), (2), and (3) that there has been full payment of an unsatisfied judgment or any other final liability for all violations identified in Labor Code sections 2810.4(b)(1)(A)-(B) or that the port drayage motor carrier has entered into an approved settlement dispensing of the judgment or liability; or, in the case of a subsequent liability against a prior offender, the prior offender prevailed in an appeal.

(1) A port drayage motor carrier shall present such proof by submitting a written statement under penalty of perjury stating the basis for removal of the listing, along with the accompanying documentation specified in subsections (2) and (3), as applicable, by mail 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 electronically in pdf format via email to: SB1402@dir.ca.gov.

(2) For purposes of sufficiently documenting the payment or satisfaction of a judgment, tax assessment, or tax lien or a citation or ODA, the port drayage motor carrier shall identify and provide the documentation required under Section 13878, as applicable.

(3) For purposes of sufficiently documenting a disposition regarding a port drayage motor carrier who is a prior offender who prevailed on appeal from a subsequent non-final judgment or ruling or final citation or ODA, the motor carrier shall identify and provide a conformed copy of the final judgment, ruling, citation, tax assessment, tax, order, decision, or award which indicates the final disposition on the appeal.

(4) The port drayage motor carrier shall also provide documentation to show that violations of any labor or employment law or regulation subject to a final judgment or final citation or ODA have been sufficiently abated. This documentation shall include: a statement under penalty of perjury that the port drayage motor carrier does not currently engage in the labor practices identified as unlawful in the final judgment, final citation or ODA, and a description of the steps the motor carrier took to abate the violation(s). Subject to the Labor Commissioner's request, the agency may determine whether an applicable violation was abated by reviewing any documents the motor carrier is required to maintain under the Labor Code, wage orders, or any other applicable law.

(b) The Labor Commissioner's Office will inform the port drayage motor carrier by letter of the agency's determination of whether the motor carrier has presented sufficient proof to merit removal from the public list.

(c) If a port drayage motor carrier on the public list has multiple liability determinations posted on the public list, a separate request for removal must be provided for each determination. Each removal request will be considered individually and only the liability determination that is the subject of that removal request may be removed.

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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