§13635.1. Filing Schedule for Applications.

(a) Within 30 calendar days of receiving an application, the Labor Commissioner shall inform the applicant in writing that either:

(1) the application is complete and has been accepted for processing, or

(2) the application is incomplete, and specify the information or items needed to correct the deficiency.

(b) Within 60 days from the date on the written notice of an incomplete application, the applicant must correct the application by providing the required information or items, and return the application to the Labor Commissioner. If the applicant fails to meet this deadline, the application will be rejected, and the applicant shall forfeit the application fee. Following a rejection pursuant to this subsection, the applicant may submit a subsequent application which must be accompanied by the required fee.

(c) Within 60 calendar days after accepting a completed application, the Labor Commissioner shall inform the applicant in writing of the decision on the application.

(d) In the event that the Labor Commissioner fails to reach an application decision within 60 days of accepting a completed application, the applicant may appeal to the Secretary of the Labor and Workforce Development Agency in accordance with the following procedure:

(1) The appeal shall be in writing and shall be delivered in person or postmarked within 15 calendar days after the maximum time period specified in subsection (c) has elapsed.

(2) After receiving the appeal, the Secretary of the Labor and Workforce Development Agency shall determine whether or not the maximum time period of subsection (c) was exceeded, and if so, whether there was good cause for the failure to comply. Good cause as set forth in this section means, in accordance with Government Code Section 15376, that either:

(A) the Labor Commissioner processed 15% more applications than in the same calendar quarter of the proceeding year, or;

(B) the Labor Commissioner was required to rely on another public or private entity to process any part of the application, and that other entity was responsible for the delay, or;

(C) the delay was caused by a natural disaster or other catastrophe that substantially impeded the Labor Commissioner's ability to process the application in a timely manner.

(3) If the Secretary of the Labor and Workforce Development Agency finds no good cause for the failure to reach a decision on the completed application within the time set forth in subsection(c), the Labor Commissioner shall refund any applicable filing fee in full, and shall ensure that the application is expeditiously processed without any additional fee.

(4) If the Secretary of the Labor and Workforce Development Agency finds good cause for the failure to reach a decision on the completed application within the time set forth in subsection (c), the Labor Commissioner shall not refund the applicable filing fee or any portion thereof.

(5) A finding of untimely processing by the Labor Commissioner shall have no bearing on the merits of the application or the decision on whether to issue a Registration Certificate. Any such application shall be subject to denial under the criteria set out at Labor Code Section 2675, and in accordance with the procedures set out under section 13646, below.

(e) The following information is provided pursuant to Government Code Section 15376: During the past two years, the Labor Commissioner's time periods for processing an application for registration from receipt of the application to the final issuance or denial of registration were as follows:

(1) The median time was 45 calendar days.

(2) The minimum time was 7 calendar days.

(3) The maximum time was 365 calendar days.

NOTE: Authority cited: Section 2672, Labor Code. Reference: Section 2675, Labor Code; and Sections 15374, 15375, 15376, 15377 and 15378, Government Code.

HISTORY

1. New section filed 9-9-2002; operative 10-9-2002 (Register 2002, No. 37).