California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 8 - Office of the Director
Subchapter 4 - Labor Compliance Programs
Article 2 - Approval and Revocation of Approval of Labor Compliance Programs by Director
Section 16428 - Revocation of Approval
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Director may revoke approval of a Labor Compliance Program after giving due notice, conducting a hearing, and finding cause for revocation. Cause for revocation of approval includes, but is not limited to:
(b) Interested parties may request the Director to revoke approval of a Labor Compliance Program. A request for revocation shall include evidence of failure of the Labor Compliance Program to monitor compliance with the requirements of the Labor Code and these regulations or to take enforcement action after becoming cognizant of a violation of the Labor Code or these regulations. A request for revocation shall also include any other relevant evidence. When submitting a request for revocation pursuant to this subpart, an interested party shall also provide a complete copy of the request and all supporting evidence to the Labor Compliance Program.
(c) Upon determining that the request for revocation will be denied without hearing, the Director shall give notice of the decision and of the reasons therefore by mail to the Labor Compliance Program, any Awarding Body or Joint Powers Authority that has contracted with the Labor Compliance Program pursuant to section 16421(b) above, and any interested party that requested revocation.
(d) Upon determining that a hearing is necessary, the parties will be notified and a hearing on cause for revocation of Labor Compliance Program approval will be held in accordance with the procedures for notice and hearing proceedings set forth in section 16304 of Title 8 of the California Code of Regulations.
(e) The Labor Commissioner is authorized to conduct investigations into whether a Labor Compliance Program has operated in accordance with the requirements of this subchapter and to participate in the role of prosecutor in any revocation proceedings. The Director shall make all final determinations.
(f) Nothing in this section shall be construed as (1) requiring the Director to extend any approval granted on a temporary or interim basis pursuant to sections 16425 or 16426 above or (2) restricting the Director's authority to impose conditions or restrictions on a Labor Compliance Program's approval in lieu of revocation.
1. New
section filed 2-20-92; operative 3-23-92 (Register 92, No. 13).
2.
Amendment of section heading, section and NOTE filed 10-19-2004; operative
11-18-2004 (Register 2004, No. 43).
3. Amendment of subsections
(a)(2)-(3), new subsection (a)(5), amendment of subsections (b)(1)-(2) and (d),
new subsection (e), subsection relettering and amendment of newly designated
subsection (f) and NOTE filed 12-22-2008; operative 1-21-2009 (Register 2008,
No. 52).
4. Amendment of subsections (a)(1) and (b) filed 6-29-2010;
operative 8-1-2010 pursuant to Government Code section 11343.4(b) (Register
2010, No. 27).
Note: Authority cited: Sections 55 and 1773.5, Labor Code. Reference: Sections 55, 1742(b), 1771.5, 1775(a) and 1776(g), Labor Code.