Section 1182.7 Of Chapter 1. Wages, Hours And Working Conditions From California Labor Code >> Division 2. >> Part 4. >> Chapter 1.
1182.7
. (a) The Legislature finds that the time permitted the
Industrial Welfare Commission to consider petitions, including, but
not limited to, daily overtime compensation petitions that are to be
given priority attention by the commission pursuant to Section 20 of
Chapter 1083 of the Statutes of 1980, has created unanticipated and
unwarranted delays in the review and possible modification of
applicable commission orders. The Legislature finds further that
legislation is necessary to provide redress of hardships resulting
from these delays by the enactment of special commission review
procedures that augment, and do not limit in any way, the rights and
privileges of parties before the Industrial Welfare Commission under
this chapter.
(b) Notwithstanding any other provisions of this chapter to the
contrary, if a labor organization or a trade association recognized
in the health care industry files or has filed a petition with the
commission that requests an amendment to an order of the commission
that would directly regulate only the health care industry, the
petitioner may request that the ordinary procedure established by
this chapter for the review of petitions of this nature not be used
and that the procedure specified in subdivisions (c) and (d) be
followed instead. If the request is made by the petitioner, the
commission shall be required to follow the procedure specified in
subdivisions (c) and (d).
(c) Upon the filing of a request under subdivision (b), the
procedure to revise an order of the commission provided in Sections
1178 to 1182, inclusive, shall be waived. In lieu of that procedure,
the commission shall propose the adoption of or may reject the
petition, in whole or in part, without appointing a wage board. The
commission shall act on the petition within 45 days of the date the
petition is originally filed. If the commission rejects the petition,
it shall state its reasons for rejection.
The commission shall thereafter conduct hearings on any proposal
to adopt the petition in whole or in part in the manner specified in
subdivision (c) of Section 1178.5 and publish the proposed action in
the manner provided in Section 1181. However, the hearings shall be
conducted within 90 days of the date the petition is originally
filed.
(d) Not more than 30 days following the hearings specified in
subdivision (c), the commission shall take final action with respect
to its proposal. No later than 15 days following final action, notice
of the action taken shall be given in the manner provided for in
Sections 1182.1 and 1183. Any action adopting, amending, or repealing
an order of the commission pursuant to this section shall take
effect 60 days following the date of this notice.
(e) Notwithstanding any other provisions of this chapter, the
commission shall not adopt, amend, or repeal a proposal which has
been changed from that which has originally been made available to
the public, unless the change is nonsubstantive in nature and the
commission complies with the procedure specified in this subdivision.
If a substantive change is made to the original proposal after the
close of the public hearing, the full text of the resulting change
shall be noticed within five days and made available to the public
for comments for at least 10 days before the commission adopts,
amends, or repeals the regulation. No later than 10 days following
the close of the public comment period, the commission shall take
final action with respect to its modified proposal, and give notice
of that action within 10 days in the manner provided in Sections
1182.1 and 1183. In no case shall any action adopting, amending, or
repealing an order take effect more than 60 days following the close
of the public comment period.