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 3 - Hearing Procedures, Judicial Review
Section 13883 - Hearing Regarding Determination of Port Drayage Motor Carrier Successor

(1) After a port drayage motor carrier that has been identified as a successor to a predecessor port drayage motor carrier with an unsatisfied final court judgment, tax assessment, or tax lien receives the notice described in Section 13882 and submits a timely request for hearing within 15 business days of date of the notice, the Labor Commissioner will assign the matter to a hearing officer for hearing. The proceeding under this section is an informal hearing conducted in accordance with the adjudication provisions of the Administrative Procedure Act, Chapters 4.5 and 5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, and the rules set forth in this article. Except as specifically provided herein, the provisions of Title 2, Division 3, Part 1, Chapter 5 of the Government Code (commencing with Government Code section 11500) shall not apply to these proceedings.

(2) The subject matter of the hearing includes whether the port drayage motor carrier is an entity or individual who succeeds in the interest and operation of the predecessor port drayage motor carrier as defined in Section 13875(e). The Labor Commissioner will present evidence of successorship. The request for hearing will be deemed to dispute the Labor Commissioner's successorship determination. If the request is timely made within 15 business days of the date of notice pursuant to section 13882, the successor will not be placed on the public list until a determination has been made on successorship after a hearing conducted in accordance with the procedures set forth in this article, and such hearing decision is final.

(3) Subpoenas and subpoenas duces tecum may be issued for the attendance of witnesses at the hearing, and for the production of documents at any reasonable place and time or at a hearing, in accordance with the procedures set forth at Government Code sections 11450.05 to 11450.50.

(1) A port drayage motor carrier that is on the public list as a successor who subsequently contends that they were aggrieved in any manner due to a lack of notice or knowledge of their placement on the list or due to mistake, inadvertence, surprise, or excusable neglect, may submit a written request for consideration by the Labor Commissioner at any time that the successor motor carrier is on the public list. A request for consideration that challenges continued placement on the list under this subsection must be delivered to the Labor Commissioner in the same manner as specified in Subsection (a) of this section. The request shall specifically identify and fully describe the basis for the challenge to continued placement on the list and must be accompanied by supporting documentation, if any, that is relevant to the challenged placement on the public list.

(2) The Labor Commissioner may hold a hearing on the subject of the continued placement on the list based on the request. Any hearing shall be held in accordance with the procedures set forth in Sections 13883(a) and 13884-13887.