Cal. Code Regs. tit. 4 § 12118

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 12118 - Objection to Local Work Permits
(a) Commission denial of an application for any reason set forth in Section 12040 constitutes grounds for Bureau objection to the issuance of a local work permit by a city, county, or city and county, pursuant to Business and Professions Code section 19912.
(b) An individual, whose local work permit has been denied by the city, county, or city and county, based upon Bureau objection, may submit, a written request to the Executive Director for an evidentiary hearing to consider the Bureau's objection.
(c) The Executive Director will schedule a GCA hearing, pursuant to subsection (a) of Section 12060 with the following modifications:
(1) The complainant will always be the Bureau.
(2) In place of the Bureau report, the Bureau will have the burden to establish that its basis for objection was reasonable.
(3) Subsection (k) of Section 12060 does not apply. Instead, the burden of proof will be on the Bureau.
(d) The Commission may revoke a Commission work permit or require a local jurisdiction to revoke a local work permit in accordance with Section 19914. The hearing under Business and Professions Code section 19914 will be any evidentiary hearing conducted by either the Commission or by any other governmental agency. Any evidentiary hearing conducted by another governmental agency does not require Commission or Bureau participation and need not be pursuant to Business and Professions Code section 19914, but must make a finding that the holder of the work permit has done at least one of the items provided in subdivision (a) of Business and Professions Code section 19914.

Cal. Code Regs. Tit. 4, § 12118

1. New section filed 12-12-2020; operative 1-1-2021 pursuant to Government Code section 11343.4(b) (Register 2020, No. 51). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
2. Amendment of subsection (c)(3) filed 1-11-2022; operative 4-1-2022 (Register 2022, No. 2).
3. Amendment of subsection (c)(3) filed 5-16-2023; operative 7-1-2023 (Register 2023, No. 20).

Note: Authority cited: Sections 19811, 19823, 19824, 19840, 19841, 19912 and 19914, Business and Professions Code. Reference: Sections 19811, 19816, 19824, 19912 and 19914, Business and Professions Code.

1. New section filed 12-12-2020; operative 1/1/2021 pursuant to Government Code section 11343.4(b) (Register 2020, No. 51). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
2. Amendment of subsection (c)(3) filed 1-11-2022; operative 4/1/2022 (Register 2022, No. 2).
3. Amendment of subsection (c)(3) filed 5-16-2023; operative 7/1/2023 (Register 2023, No. 20).