Cal. Code Regs. Tit. 8, § 10113 - Order to Show Cause RE: Assessment of Civil Penalty and Notice of Hearing

(a) If an audit subject fails to meet the full compliance audit performance standards in two consecutive full compliance audits, the Audit Unit shall refer the audit subject to the Administrative Director for the possible assessment of a civil penalty pursuant to Labor Code Section 129.5(e). Nothing in these regulations shall prohibit the Audit Unit from referring any audit subject to the Administrative Director for the possible assessment of a civil penalty under Labor Code Section 129.5(e) for any other reason. If the Administrative Director has reason to believe that an employer, insurer, or third-party administrator has knowingly committed or performed any of the practices set forth in Labor Code Section 129.5(e), (s) he shall issue an Order to Show Cause Re: Assessment of Civil Penalty and Notice of Hearing.

(b) The order shall be in writing and shall contain all of the following:

(1) Notice that a civil penalty not to exceed $100,000 per audit subject named in the order may be assessed;

(2) The basis for the assessment, including a statement of the alleged violations;

(3) Notice of the date, time and place of hearing. Continuances will not be allowed without a showing of good cause.

(c) The order shall be served personally or by registered or certified mail.

Notes

Cal. Code Regs. Tit. 8, § 10113

1. New section filed 1-18-90; operative 1-18-90 (Register 90, No. 4). New section is exempt from review by OAL pursuant to Government Code Section 11351.
2. Relocation and amendment of article heading, renumbering of former section 10113 to section 10115.1 and renumbering and amendment of former section 10109 to section 10113 filed 1-28-94; operative 1-28-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 94, No. 4).
3. Amendment of subsections (a), (b)(2) and NOTE filed 10-26-98; operative 11-25-98 (Register 98, No. 44).
4. Amendment of section and NOTE filed 12-30-2002; operative 1-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 1).

Note: Authority cited: Sections 59, 129, 129.5, 133 and 5307.3, Labor Code. Reference: Sections 7, 124, 129 and 129.5, Labor Code.

1. New section filed 1-18-90; operative 1-18-90 (Register 90, No. 4). New section is exempt from review by OAL pursuant to Government Code Section 11351.
2. Relocation and amendment of article heading, renumbering of former section 10113 to section 10115.1 and renumbering and amendment of former section 10109 to section 10113 filed 1-28-94; operative 1-28-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 94, No. 4).
3. Amendment of subsections (a), (b)(2) and Note filed 10-26-98; operative 11-25-98 (Register 98, No. 44).
4. Amendment of section and Note filed 12-30-2002; operative 1-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 1).