Section 6434.5 Of Chapter 4. Penalties From California Labor Code >> Division 5. >> Part 1. >> Chapter 4.
6434.5
. (a) Any civil or administrative penalty assessed pursuant
to this chapter against a public police or city, county, or special
district fire department or the California Department of Forestry and
Fire Protection shall be deposited into the Workers' Compensation
Administration Revolving Fund established pursuant to Section 62.5.
(b) Any public police or city, county, or special district fire
department or the California Department of Forestry and Fire
Protection may apply for a refund of any civil or administrative
penalty assessed pursuant to this chapter, with interest, if all
conditions previously cited have been abated, the department has
abated any other outstanding citation, and the department has not
been cited by the division for a serious violation within two years
of the date of the original violation. Funds received as a result of
a penalty, for which a refund is not applied for within two years and
six months of the time of the original violation, shall be expended
in accordance with Section 78 as follows:
(1) Funds received as a result of a civil or administrative
penalty imposed on a city, county, or special district fire
department or the California Department of Forestry and Fire
Protection shall be allocated to the California Firefighter Joint
Apprenticeship Program for the purpose of establishing and
maintaining effective occupational injury and illness prevention
programs.
(2) Funds received as a result of a civil or administrative
penalty imposed on a police department shall be allocated to the
Office of Criminal Justice Planning, or any succeeding agency, for
the purpose of establishing and maintaining effective occupational
injury and illness prevention programs.
(c) This section does not apply to that portion of any civil or
administrative penalty that is distributed directly to an aggrieved
employee or employees pursuant to the provisions of Section 2699.