Section 5285.5 Of Article 7. Suspension And Revocation Of Permits From California Public Utilities Code >> Division 2. >> Chapter 7. >> Article 7.
5285.5
. (a) Upon receipt of a stop order issued by the Director of
Industrial Relations pursuant to Section 3710.1 of the Labor Code,
the commission shall investigate to determine whether the household
goods carrier has filed a false statement relative to workers'
compensation insurance coverage, in violation of statute, or rules or
orders of the commission. If, after notice and opportunity to be
heard, the commission determines that there has been a violation of
statute, or rules or orders of the commission, the commission shall
impose appropriate penalties, which may include a fine and suspension
of operating authority for a violation.
(b) Upon receipt of a complaint from the Director of Industrial
Relations that a final judgment has been entered against any
household goods carrier as a result of an award having been made to
an employee pursuant to Section 3616.2 of the Labor Code, the
commission shall, 30 days from the date the carrier is mailed the
notice, revoke the carrier's permit unless the judgment has been
satisfied or has been discharged in accordance with the bankruptcy
laws of the United States or the carrier requests a hearing pursuant
to subdivision (c).
(c) Within seven days of receipt of a complaint from the Director
of Industrial Relations that a final judgment has been entered
against any household goods carrier as a result of an award having
been made to an employee pursuant to Section 3716.2 of the Labor
Code, the commission shall furnish the carrier named in the final
judgment written notice of the right to a hearing regarding the
complaint and the procedure to follow to request a hearing. The
notice shall state that the commission is required to revoke the
carrier's permit to operate pursuant to subdivision (b) after 30 days
from the date the notice is mailed unless the carrier provides proof
that the judgment is satisfied or has been discharged in accordance
with the bankruptcy laws of the United States and the commission has
been so notified seven days prior to the conclusion of the 30-day
waiting period. The notice shall also inform the carrier of a right
to a hearing and the procedures to follow to request a hearing. The
carrier may request a hearing within 10 days from the date the notice
is sent by the commission. The request for the hearing shall stay
the revocation. The hearing shall be held within 30 days of the
receipt of the request. If the commission finds that an unsatisfied
judgment exists concerning a debt arising under Section 3717 of the
Labor Code, the commission shall immediately revoke the carrier's
permit.