California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 8 - Office of the Director
Subchapter 4.8 - Debarment
Section 16801 - Investigations: Duties, Responsibilities and Rights of the Parties
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Division of Labor Standards Enforcement. The Division of Labor Standards Enforcement (hereinafter "DLSE") may investigate any alleged violation of the provisions of chapter 1, part 7 of the California Labor Code for purposes of enforcing Labor Code section 1777.1. Investigations pursuant to section 1777.1 are for the purpose of determining a Respondent's willful violation, or violation with the intent to defraud, of the provisions of chapter 1, part 7 of the California Labor Code, with the exception of section 1777.5.
Mileage and Witness fees shall be set as specified in Government Code section 68093. In the exercise of his or her discretion, the Hearing Officer may limit the number of witnesses subpoenaed either for the purpose of corroboration or for establishing a single material fact in issue, or where the Respondent has not furnished satisfactory evidence that the witness will be able to give necessary and competent testimony material to the issues at the hearing.
(b) Awarding Bodies. Any awarding body which has awarded or let a contract or purchase order to be paid for in whole or in part from public funds calling for the construction, alteration, demolition, repair, maintenance, or improvement of any structure, building, road, property, or other improvement of any kind (including the laying of carpet and the hauling of refuse from a public works site to an outside disposal location with respect to contracts involving any state agency, including the California State University and University of California) shall, in accordance with Labor Code section 1776(g), inform prime contractors of the requirements of Labor Code section 1776, and any other requirements imposed by law, in order to assist DLSE with an investigation pursuant to Labor Code 1777.1. The awarding body shall have the right to review the records from the investigative file of DLSE which are not covered by attorney-client or work product privileges, and which are not being utilized in the ongoing investigation of a criminal offense.
(c) Contractors and Subcontractors. All contractors and subcontractors, including Respondents, who have contracted to perform services on a public works project shall comply with Labor Code 1776, and any other requirements imposed by law, in order to assist DLSE with an investigation pursuant to Labor Code section 1777.1.
1. New
section filed 4-5-90 as an emergency; operative 4-5-90 (Register 90, No. 14). A
Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed on 8-3-90.
2. New section filed
9-4-90 as an emergency readoption effective 9-4-90 (Register 90, No. 42). A
Certificate of Compliance must be transmitted to OAL by 1-2-91 or emergency
language will be repealed on the following day.
3. Repealed on
January 3, 1991 by operation of Government Code section 11346.1(g) (Register
91, No. 12).
4. New section filed 2-13-91; operative 2-13-91
(Register 91, No. 12).
Note: Authority cited: Section 1777.1(e), Labor Code. Reference: Section 1777.1, and Section 92, Labor Code.