Section 3720.1 Of Article 2. Uninsured Employers Fund From California Labor Code >> Division 4. >> Part 1. >> Chapter 4. >> Article 2.
3720.1
. (a) In any claim in which the alleged uninsured employer is
a corporation, for purposes of filing certificates of lien pursuant
to Section 3720, the director may determine, according to the
evidence available to him or her, whether a person is prima facie a
parent or substantial shareholder, as defined in Section 3717. A
finding that a person was prima facie a parent or substantial
shareholder shall be made when the director determines that there is
sufficient evidence to constitute a prima facie case that the person
was a parent or substantial shareholder.
(b) Any person aggrieved by a finding of the director that he or
she was prima facie a parent or substantial shareholder may request a
hearing on the finding by filing a written request for hearing with
the director. The director shall hold a hearing on the matter within
20 days of the receipt of the request for hearing, and shall mail a
notice of time and place of hearing to the person requesting hearing
at least 10 days prior to the hearing. The hearing officer shall hear
and receive evidence, and within 10 days of the hearing, file his or
her findings on whether there is sufficient evidence to constitute a
prima facie case that the person was a substantial shareholder or
parent. The hearing officer shall serve with his or her findings a
summary of evidence received and relied upon, and the reasons for the
findings. A party may at his or her own expense require that the
hearing proceedings be recorded and transcribed.
(c) A party aggrieved by the findings of the hearing officer may
within 20 days apply for a writ of mandate to the superior court.
Venue shall lie in the county in which is located the office of the
director which issued the findings after the hearing.