Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Within 30 calendar days of receiving an
application, the Labor Commissioner shall inform the applicant in writing that
either:
(1) the application is complete and
has been accepted for processing, or
(2) the application is incomplete, and
specify the information or items needed to correct the
deficiency.
(b) Within 60
days from the date on the written notice of an incomplete application, the
applicant must correct the application by providing the required information or
items, and return the application to the Labor Commissioner. If the applicant
fails to meet this deadline, the application will be rejected, and the
applicant shall forfeit the application fee. Following a rejection pursuant to
this subsection, the applicant may submit a subsequent application which must
be accompanied by the required fee.
(c) Within 60 calendar days after accepting a
completed application, the Labor Commissioner shall inform the applicant in
writing of the decision on the application.
(d) In the event that the Labor Commissioner
fails to reach an application decision within 60 days of accepting a completed
application, the applicant may appeal to the Secretary of the Labor and
Workforce Development Agency in accordance with the following procedure:
(1) The appeal shall be in writing and shall
be delivered in person or postmarked within 15 calendar days after the maximum
time period specified in subsection (c) has elapsed.
(2) After receiving the appeal, the Secretary
of the Labor and Workforce Development Agency shall determine whether or not
the maximum time period of subsection (c) was exceeded, and if so, whether
there was good cause for the failure to comply. Good cause as set forth in this
section means, in accordance with Government Code Section
15376,
that either:
(A) the Labor Commissioner
processed 15% more applications than in the same calendar quarter of the
proceeding year, or;
(B) the Labor
Commissioner was required to rely on another public or private entity to
process any part of the application, and that other entity was responsible for
the delay, or;
(C) the delay was
caused by a natural disaster or other catastrophe that substantially impeded
the Labor Commissioner's ability to process the application in a timely
manner.
(3) If the
Secretary of the Labor and Workforce Development Agency finds no good cause for
the failure to reach a decision on the completed application within the time
set forth in subsection(c), the Labor Commissioner shall refund any applicable
filing fee in full, and shall ensure that the application is expeditiously
processed without any additional fee.
(4) If the Secretary of the Labor and
Workforce Development Agency finds good cause for the failure to reach a
decision on the completed application within the time set forth in subsection
(c), the Labor Commissioner shall not refund the applicable filing fee or any
portion thereof.
(5) A finding of
untimely processing by the Labor Commissioner shall have no bearing on the
merits of the application or the decision on whether to issue a Registration
Certificate. Any such application shall be subject to denial under the criteria
set out at Labor Code Section
2675, and in
accordance with the procedures set out under section
13646, below.
(e) The following information is provided
pursuant to Government Code Section
15376:
During the past two years, the Labor Commissioner's time periods for processing
an application for registration from receipt of the application to the final
issuance or denial of registration were as follows:
(1) The median time was 45 calendar
days.
(2) The minimum time was 7
calendar days.
(3) The maximum time
was 365 calendar days.
1. New
section filed 9-9-2002; operative 10-9-2002 (Register 2002, No.
37).
Note: Authority cited: Section 2672, Labor Code.
Reference: Section 2675, Labor Code; and Sections 15374, 15375, 15376, 15377
and 15378, Government Code.
