§ 11140. Hearing.

If the deficiencies listed in the show cause notice are not resolved during the 30 day period, a hearing shall be held before a hearing officer appointed by the Director of the Department of Fair Employment and Housing.

A notice of hearing will be dated and served upon the contractor personally or by registered mail. The hearing may be postponed by OCP for good cause. If the contractor has good cause, the contractor shall contact the OCP within 10 days of receiving the notice of hearing.

The procedures of the hearing shall include: testimony under oath, the right to cross-examination and to confront adversary witnesses, the right to representation, and the issuance of a formal decision.

In addition to the above requirements of this section, the hearing shall be conducted in accordance with Government Code sections 11507.6, 11507.7, 11508 (with the exception that the Office of Compliance Programs shall be substituted for the Office of Administrative Hearings), 11510, 11511, 11512(c) and (d), 11513, 11514, 11520, 11523; the sections cited above are incorporated herein by reference.

The hearing officer shall decide whether to dismiss, modify or sustain the allegations of the show cause notice.

The form and content of the decision will be in accordance with the requirements of Government Code section 11518 herein incorporated by reference.

HISTORY

1. Change without regulatory effect renumbering former section 8503 to new section 11140 and amending section filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).

Note

Note: Authority cited: Sections 12935(a) and 12990(d), Government Code. Reference: Section 12990, Government Code.