(a) Requests may be made by any person for
certified copies of payroll records. Requests shall be made to any of the
following:
(1) the body awarding the
contract, or
(2) any office of the
Division of Labor Standards Enforcement, or the Division of Apprenticeship
Standards.
(b) Requests
for certified copies of payroll records pursuant to Section
1776 of the
Labor Code may be made by any person. However, any such request shall be in
writing and contain at least the following information:
(1) The body awarding the contract;
(2) The contract number and/or
description;
(3) The particular job
location if more than one;
(4) The
name of the contractor;
(5) The
regular business address, if known.
NOTE: Requests for records of more than one contractor of
subcontractor must list the information regarding that contractor individually,
even if all requests pertain to the same particular public works project.
Blanket requests covering an entire public works project will not be accepted;
unless contractor and subcontractor responsibilities regarding the project are
not clearly defined.
(c) Acknowledgment of Request. The public
entity receiving a request for payroll records shall acknowledge receipt of
such, and indicate the cost of providing the payroll records based on an
estimate by the contractor, subcontractor or public entity. The acknowledgment
of the receipt of said request for payroll records may be accomplished by the
public entity's furnishing a copy of its written correspondence requesting
certified copies of the payroll records sent to the specific contractor
pursuant to Section
16400(d) below, to
the person who requested said records.
(d) Request to Contractor. The request for
copies of payroll records by the requesting public entity shall be in any form
and/or method which will assure and evidence receipt thereof. The request shall
include the following:
(1) Specify the records
to be provided and the form upon which the information is to be
provided;
(2) Conspicuous notice of
the following:
(A) that the person certifying
the copies of the payroll records is, if not the contractor, considered as an
agent acting on behalf of the contractor; and
(B) that failure to provide certified copies
of the records to the requesting public entity within 10 working days of the
receipt of the request will subject the contractor to a penalty of twenty-five
($25.00) dollars per calendar day or portion thereof for each worker until
strict compliance is effectuated;
(3) Cost of preparation as provided in
Section
16402; and
(4) Provide for
inspection.
(e)
Inspection of Payroll Records. Inspection of the original payroll records at
the office of the contractor(s) pursuant to subdivision (b) of Section
1776 of the
Labor Code shall be limited to the public entities upon reasonable written or
oral notice.