(a) Upon receipt of a stop order issued by the Director of Industrial Relations pursuant to § 3710.1 of the Labor Code, the bureau shall investigate to determine whether the household mover has filed a false statement relative to workers’ compensation insurance coverage, in violation of statute, or of rules or orders administered by the bureau. If, after notice and an opportunity to be heard, the bureau determines that there has been a violation of statute, or of rules or orders administered by the bureau, the bureau 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 mover as a result of an award having been made to an employee pursuant to § 3716.2 of the Labor Code, the bureau shall, 30 days from the date the household mover is mailed the notice, initiate action to revoke the household mover’s permit unless the judgment has been satisfied or has been discharged in accordance with the bankruptcy laws of the United States.

Terms Used In California Business and Professions Code 19275.1

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bureau: refers to the Bureau of Household Goods and Services, as established in Section 9810. See California Business and Professions Code 19225.5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Director: refers to the Director of Consumer Affairs. See California Business and Professions Code 19225.5
  • Household mover: includes every corporation or person, their lessees, trustee, receivers, or trustees appointed by any court whatsoever, engaged in the permitted or unpermitted transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state. See California Business and Professions Code 19225.5
  • State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
  • Statute: A law passed by a legislature.
  • Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15

(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 mover as a result of an award having been made to an employee pursuant to § 3716.2 of the Labor Code, the bureau shall furnish the household mover 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 bureau is required to initiate revocation proceedings pursuant to subdivision (b) unless the household mover provides proof that the judgment is satisfied or has been discharged in accordance with the bankruptcy laws of the United States. The notice shall also inform the household mover of a right to a hearing and the procedures to follow to request a hearing. Proceedings under this section shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. If the bureau finds that an unsatisfied judgment exists concerning a debt arising under § 3717 of the Labor Code, the bureau shall immediately revoke the household mover’s permit.

(Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)

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