Section 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.Cal. Code Regs. Tit. 8, § 16413
1. New section filed 3-23-2020; operative 5-15-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 13). Note: Authority cited: Section 1773.5, Labor Code. Reference: Section 1725.5, Labor Code.
1. New section filed 2-16-99 as an emergency; operative 2-16-99 (Register 99, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-16-99 or emergency language will be repealed by operation of law on the following day.
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 5/15/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 13).