For the purposes of this Subchapter:(a) Any location more than ten miles from the minor's residence, means any point beyond a straight-line radius of ten miles in any direction from the minor's residence. The radius shall be drawn upon a commonly available city or regional road map by placing the point of a compass on the approximate site of the minor's residence and adjusting the compass according to the scale of miles provided on the map. In the event of a dispute over which commonly available city or regional road map should be used for the measurement, the Labor Commissioner shall select the map that will be used as the basis for the measurement.

(b) "Applicant" is a person who applies for a new registration or renewal of a registration pursuant to this Subchapter.

(c) "Division" and "Labor Commissioner" mean the Division of Labor Standards Enforcement. "Labor Commissioner" also means the chief of the Division of Labor Standards Enforcement and his or her agents.

(d) "Door-to-door sales" is defined in accordance with Labor Code Section 1286(e) and Section 11706.1 of this Chapter 6.

(e) "Door-to-door sales operation" is broadly construed to mean any activity directly or indirectly associated with the door-to-door sales activity including, but not limited to, the person's business activities, recruitment, or any activity directly or indirectly involving a minor employed or used in door-to-door sales.

(f) "Employer" means a person subject to Labor Code Section 1308.3 and this Subchapter who exercises control, direction or supervision, either directly or indirectly, of minors engaged in door-to-door sales operations.

(g) "Person" means an individual, corporation, partnership, limited liability company, association, or other legal entity.

(h) "Registrant" is a person who has a valid and current registration issued pursuant to this Subchapter.

(i) "Registration" means a registration issued pursuant to Labor Code Section 1308.2 or 1308.3, and/or this Subchapter.

(j) "Transporter" and/or "Supervisor" means an individual subject to Labor Code Section 1308.2 and this Subchapter. A "Transporter" and/or "Supervisor" must be at least eighteen (18) years of age. A "Transporter" and/or "Supervisor" includes a person who:

1. recruits,
2. solicits,
3. hires,
4. directs, or
5. controls, directly or indirectly, any activity that facilitates the minor's participation in door-to-door sales operations.

A "Transporter" and/or "Supervisor" also includes any employer who:

1. recruits,
2. solicits,
3. hires,
4. directs, or
5. controls, directly or indirectly, any activity that facilitates the minor's participation in door-to-door sales operations.

Note: Authority cited: Sections 18, 54, 55, 59, 350, 1311, 1398, Labor Code. Reference: Sections 1286, 1290, 1294.1, 1308.1, 1308.2, 1308.3, 1308.4, Labor Code; Section 12515, Vehicle Code.

History

1. New Section filed 7-23-98; operative 8-22-98 (Register 98, No. 30).