§ 11772. Issuance of Permit; Denial.

(a) After receiving the applicable filing fee and application, and within 15 days of receiving information provided by the Department of Justice (DOJ) pursuant to Labor Code 1706(c), the Labor Commissioner shall determine whether the applicant is required to register as a sex offender based on convictions for crimes specified in Penal Code Sections 290 to 290.006, inclusive.

(b) If the applicant fails to obtain or otherwise provide fingerprints necessary for processing the application by the Labor Commissioner and search by DOJ within 10 days of submitting an application, a permit shall not be issued and the application shall be denied. Any fees paid with the application shall not be refunded to the applicant. If an applicant fails to respond to a defect in the application within 30 days of notice by the Labor Commissioner, the initial or renewal application may be closed. If an applicant fails to respond to a second defect in the application within 30 days of notice, the application will be closed.

(c) If, after reviewing the DOJ report, the Labor Commissioner determines that the initial or renewal applicant is not required to register as a sex offender, she shall:

(1) Provide a copy of the report from DOJ to the applicant pursuant to Labor Code Section 1706(c)(4); and

(2) Issue a permit on a form prescribed by the Labor Commissioner which shall be valid for two years and shall include a permit number and expiration date.

(3) Add the permit holder's name, address (city and state), permit number, and permit expiration date to DLSE's website maintained for the purpose of making permit holder information available to the public pursuant to Labor Code Section 1706(d).

(d) If the Labor Commissioner determines that an initial or renewal applicant is required to register as sex offender based on a DOJ report, a permit shall not be issued and she shall:

(1) Notify the applicant in writing of DLSE's determination, provide a copy of the information received from DOJ pursuant to Labor Code 1706(c)(4), and provide DOJ contact information where an applicant can address any inaccurate information on the DOJ report;

(2) Notify DOJ and the local district attorney's office or other prosecuting agency of the application for a permit and denial by the Labor Commissioner.

HISTORY

1. New section filed 10-3-2013 as an emergency; operative 10-3-2013 (Register 2013, No. 40). A Certificate of Compliance must be transmitted to OAL by 4-1-2014 or emergency language will be repealed by operation of law on the following day.

Note

Note: Authority cited: Section 1706, Labor Code. Reference: Sections 1706(a)(3), 1706(c)(4), 1706(d), 1706(f), 1706.1, 1706.2 and 1706.5, Labor Code.