Cal. Code Regs. Tit. 8, § 16413 - Denial of Registration
(a)
Incomplete Registration:
Registration shall be denied based on an applicant's failure to submit all of
the information required by section
16411 or submit the registration
fees required by section
16412(a). Denial
of registration on this basis shall be without prejudice to completing the
application or submitting a new application for registration that includes all
the required information and the required registration fees.
(b)
Denial on Merits:
Registration shall also be denied based on an applicant's failure to meet any
of the qualifications specified in Labor Code Section
1725.5 or upon
the subsequent cancelation or dishonor of any fee payment submitted with the
application.
(c) Within sixty (60)
days following the issuance of any notice of denial pursuant to subsection (b),
including a notification of denial provided at the conclusion of the online
registration process or any written notice of denial that is subsequently
transmitted, mailed, or delivered to the applicant for registration, the
applicant may appeal the denial by submitting a request for reconsideration and
hearing.
(d) The appeal shall be in
writing and transmitted as specified in section
16415. The appeal shall identify
the date and means (electronic notice or other) through which registration was
denied, and shall specify the grounds for appeal, including why the applicant
believes that the denial was in error. The appeal may include additional
evidence or information in support of the applicant's claim that the denial was
in error.
(e) A hearing shall be
set within thirty (30) days of receipt of an appeal submitted pursuant to
subsections (c) and (d). With the consent of the applicant, the hearing may be
conducted by conference call or other electronic means in lieu of personal
appearances.
(f) At any time up
until 48 hours prior to the scheduled date and time of the hearing, the Labor
Commissioner may reconsider and, for good cause, rescind the denial and
authorize registration, provided that the applicant is
qualified for registration under Labor Code Section
1725.5 and has
paid the fees and any penalties required by section
16412(a) of these
regulations.
Notes
Note: Authority cited: Section 1773.5, Labor Code. Reference: Section 1725.5, Labor Code.
2. New section refiled 6-14-99 as an emergency; operative 6-14-99 (Register 99, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-12-99 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 10-4-99 as an emergency; operative 10-4-99 (Register 99, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-1-2000 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-20-2000 as an emergency; operative 2-2-2000 (Register 2000, No. 3). A Certificate of Compliance must be transmitted to OAL by 6-1-2000 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-20-2000 order transmitted to OAL 3-29-2000 and filed 5-4-2000 (Register 2000, No. 18).
6. Change without regulatory effect repealing section filed 1-24-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 4).
1. New section filed 3-23-2020; operative
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