Section 5378.7 Of Article 2. Authorization To Operate As A Charter-party Carrier Of Passengers From California Public Utilities Code >> Division 2. >> Chapter 8. >> Article 2.
5378.7
. (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
charter-party carrier of passengers 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
charter-party carrier of passengers as a result of an award having
been made to an employee pursuant to Section 3716.2 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 charter-party carrier of passengers 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 must 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 shall have 10 days from the date the notice is sent by the
commission to request a hearing. 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.