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 3 - Reports and Audits
Section 16431 - Annual Report
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Labor Compliance Program shall submit to the Director an annual report on its operation by no later than August 31 of each year. The annual report shall cover the twelve month period commencing on July 1 of the preceding calendar year and ending on June 30 of the year in which the report is due. For good cause, the Director may authorize a Labor Compliance Program to use a different reporting period and provide for the annual report to be due no later than 60 days following the close of that reporting period. For a Labor Compliance Program approved prior to July 1, 2009, the Director may require the filing of an interim or supplmental report to cover any gap between the reporting period prescribed under former subpart (d) of this section prior to August 1, 2010 and subpart (a).
(b) The annual report shall be made on the appropriate form [LCP-AR1, LCP-AR2, or LCP-AR3], for the type of Labor Compliance Program that is submitting the report, unless the Director has agreed to a different reporting format for a Program that has been granted extended authority under section 16427 above. A third party Labor Compliance Program that contracted with more than one Awarding Body or Joint Powers Authority during the annual reporting period shall separately report on Labor Code Section 1771.5(b) enforcement activities for each Awarding Body or Joint Powers Authority covered by the report.
(c) The Annual Report for a person or entity operating a third party Labor Compliance Program shall also include (1) a certification of compliance with conflict of interest disclosure requirements by employees and consultants who participate in making governmental decisions, as defined under Title 2, California Code of Regulations, section 18701, and (2) a current statement disclosing the information required under section 16426(a)(2), (3) and (5) above.
(d) Information in the Annual Report shall be reported in sufficient detail to afford a basis for evaluating the scope and level of enforcement activity of the Labor Compliance Program. An annual report shall also include such additional information as the Labor Compliance Program may be required to report as a condition of its approval.
(e) A Labor Compliance Program that has ceased operating, either due to the voluntary termination of its program or the revocation of its approval by the Director, shall file a closing annual report within sixty (days) following its last day of operation as an approved program.
1. New
section filed 2-20-92; operative 3-23-92 (Register 92, No. 13).
2.
Amendment relocating and amending article 3 heading that formerly preceded
section 16429 to new placement preceding
section 16431 and amendment of section filed 10-19-2004; operative 11-18-2004
(Register 2004, No. 43).
3. Relocation of article 3 heading from
preceding section 16431 to preceding section
16430, amendment of section and new
forms LCP-AR1, LCP-AR2 and LCP-AR3 filed 12-22-2008; operative 1-21-2009
(Register 2008, No. 52).
4. Amendment of section and NOTE filed
6-29-2010; operative 8-1-2010 pursuant to Government Code section
11343.4(b)
(Register 2010, No. 27).
Note: Authority cited: Section 1773.5, Labor Code. Reference: Section 1771.5, Labor Code.
