California Labor Code 7314 – (a) The division shall, subject to subdivision (f), fix and …
(a) The division shall, subject to subdivision (f), fix and collect fees for the inspection of conveyances as it determines to be necessary to cover the costs to the division of administering the inspection and permitting programs in this chapter, including fees for necessary subsequent inspections to determine if applicable safety orders have been complied with and for field consultations. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this chapter, including the costs related to regulatory development as required by Section 7323.
(b) Notwithstanding § 6103 of the Government Code, the division may collect the fees authorized by subdivision (a) from the state or any county, city, district, or other political subdivision.
Terms Used In California Labor Code 7314
- Conveyance: means any elevator, dumbwaiter, escalator, moving platform lift, stairway chairlift, material lift or dumbwaiter with automatic transfer device, automated people mover, or other equipment subject to this chapter. See California Labor Code 7300.1
- County: includes "city and county. See California Labor Code 14
- Department: means the Department of Industrial Relations. See California Labor Code 6302
- Director: means the Director of Industrial Relations. See California Labor Code 6302
- Division: means the Division of Occupational Safety and Health. See California Labor Code 7300.1
- Elevator: means an installation defined as an "elevator" in ASME A17. See California Labor Code 7300.1
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
- Secretary: means the Secretary of Labor and Workforce Development. See California Labor Code 19.5
(c) Whenever a person owning or having the custody, management, or operation of a conveyance fails to pay the fees required under this chapter within 60 days after the date of notification, he or she shall pay, in addition to the fees required under this chapter, a penalty fee equal to 100 percent of the fee. Failure to pay fees within 60 days after the date of notification constitutes cause for the division to prohibit use of the conveyance.
(d) (1) Any fees required pursuant to this section shall, except as otherwise provided in paragraph (2), be set forth in regulations that shall be adopted as emergency regulations. These emergency regulations shall not be subject to the review and approval of the Office of Administrative Law pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). These regulations shall become effective immediately upon filing with the Secretary of State.
(2) A suspension or reduction of fees pursuant to subdivision (f) is not required to be set forth in a regulation.
(e) For purposes of this section, the date of the invoice assessing a fee pursuant to this section shall be considered the date of notification.
(f) (1) For the 2015-16 fiscal year, the fees for the annual and biennial inspection of conveyances required by Section 7304 are suspended on a one-time basis.
(2) For the 2016-17 fiscal year, and for every fiscal year thereafter, the Director of Industrial Relations, upon concurrence of the Department of Finance, may suspend or reduce the fees for the annual and biennial inspections of conveyances required by Section 7304 on a one-time basis for that fiscal year in order to reduce the amount of moneys in the Elevator Safety Account.
(Amended by Stats. 2016, Ch. 31, Sec. 197. (SB 836) Effective June 27, 2016.)