§ 1859.97. Labor Compliance Program Documentation for Fund Release.
2 CA ADC § 1859.97Barclays Official California Code of Regulations
Barclays California Code of Regulations
Title 2. Administration
Division 2. Financial Operations (Refs & Annos)
Chapter 3. Department of General Services
Subchapter 4. Office of Public School Construction
Group 1. State Allocation Board
Subgroup 5.5. Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program)
Article 10. Fund Release and Priority Points
2 CCR § 1859.97
§ 1859.97. Labor Compliance Program Documentation for Fund Release.
As required pursuant to Labor Code Section 1771.7 subdivisions (a) and (b), for any project funded in whole or in part from Proposition 47 or Proposition 55 for which the construction contract is awarded prior to January 1, 2012, the district shall initiate and enforce, or contract with a third party to initiate and enforce, an LCP, with respect to that project. For purposes of obtaining the release of bond funds from the Board, the following LCP requirements shall be met:
(b) Where the construction contract was signed either prior to the district's LCP being approved by the DIR or prior to the district entering into a contract with a third party to implement the LCP, the district shall be determined to have complied with Labor Code Section 1771.7(a), only upon satisfaction of all of the following:
(3) The district submits the report of a third party that has been approved by the DIR to operate an LCP in accordance with DIR LCP regulations, and such approval has not been revoked as of the date of the report. In the case of a district that has entered into a contract with a third party to implement the LCP, the report must be prepared by a different third party that has been approved by DIR to implement an LCP, and such approval had not been revoked as of the date of the report. The report must be submitted to the OPSC and the DIR and include all of the following:
(4) The district shall provide notice to each worker for which confirmation of payroll records has been performed pursuant to Title 8 California Code of Regulations, Section 16432(c), informing that the district has submitted a written report to the OPSC that the district has initiated and enforced, or contracted with a third party to initiate and enforce, a labor compliance program on the project to monitor and ensure the payment of prevailing wages to workers. The notice shall inform these workers of the manner in which they may contact the OPSC and the DIR concerning the accuracy of the report set forth in subsection (b)(3) above.
Credits
Note: Authority cited: Section 17070.35, Education Code. Reference: Sections 17072.32 and 17074.16, Education Code; and Sections 1771.5 and 1771.7, Labor Code.
History
1. New section filed 12-31-2012 as an emergency; operative 12-31-2012 (Register 2013, No. 1). A Certificate of Compliance must be transmitted to OAL by 7-1-2013 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-31-2012 order, including amendment of subsections (a) and (b)(6), transmitted to OAL 5-17-2013 and filed 6-25-2013; amendments effective 6-25-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 26).
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 2, § 1859.97, 2 CA ADC § 1859.97
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