Sec. 11100 - Definitions

ยง 11100. Definitions

The words defined in this section shall have the meanings set forth below whenever they appear in this subchapter, unless:

(1) the context in which they are used clearly requires a different meaning; or

(2) a different definition is prescribed for a particular article or provision.

The definitions set forth previously in this chapter in sections 11002, 11008, 11015, 11030, 11035(b), 11053, 11065, and 11075 are also applicable to this subchapter.

(a) "Act" means the Fair Employment and Housing Act.

(b) "Bid" means any proposal or other request by an employer to a contract awarding agency wherein the employer seeks to be awarded a state contract.

(c) "Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity.

(d) "Construction" means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any State of California real property. It does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property.

(e) "Contract" or "state contract" means all types of agreements, regardless of what they may be called, for the purchase or disposal of supplies, services, or construction to which a contract awarding agency is a party. It includes awards and notices of award; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job or task orders. It also includes supplemental agreements or contract modifications with respect to any of the foregoing.

(f) "Contract awarding agency" or "awarding agency" means any department, agency, board, commission, division or other unit of the State of California, which is authorized to enter into state contracts.

(g) "Contractor" means any person having a contract with a contract awarding agency or a subcontract for the performance of a contract with such an agency.

(h) "Data" means recorded information, regardless of form or characteristic.

(i) "Decertification" means the decision by the Office of Compliance Programs (OCP) that an employer's nondiscrimination program fails to comply with the requirements of the Fair Employment and Housing Act and/or its implementing regulations either because it is poorly designed or because it has not been properly implemented or because of the person's failure to cooperate with OCP it cannot be determined whether the nondiscrimination program meets the requirements of this subchapter. Decertification of a program shall continue until OCP certifies that the contractor is in compliance with the requirements of this subchapter.

(j) "Decision" means the decision of the hearing officer regarding the allegations of a show cause notice issued pursuant to section 10255 of this division. A decision shall dismiss, modify, or sustain the allegations of the show cause notice; provide the factual basis for the decision; and include any sanctions to be recommended to the awarding agency together with a statement of the reasons in support thereof.

(k) "Employee" means an individual under the direction and control of a contractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written.

(l) "May" denotes the permissive.

(m) "Nondiscrimination clause" means the clause to be included in each state contract or subcontract pursuant to these regulations.

(n) "Person" means any business, individual, union, committee, club, or other organization or group of individuals.

(o) "Prime contractor" means any individual or organization who directly contracts with the State of California.

(p) "Service" and "supply contract" includes any contract except a construction contract.

(q) "Services" means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. This term shall not include collective bargaining agreements or arrangements between parties constituting that of employer and employee.

(r) "Shall" denotes the imperative.

(s) "Subcontract" means any agreement or arrangement executed by a contractor with a third party in which the latter agrees to provide all or a specified part of the supplies, services or construction required in the original state contract. This does not include arrangements between parties constituting that of employer and employee.

(t) "Subcontractor" means any individual or organization holding a subcontract for the performance of all or any part of a state contract.

(1. Change without regulatory effect renumbering former section 8102 to new section 11100 and amending section filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40). 2. New subsection (a), repealer of reserved subsections (h) and (l) and subsections (n)-(n)(4), subsection relettering and amendment of subsections (i)-(j) filed 12-9-2015; operative 4-1-2016 (Register 2015, No. 50).)

Note: Authority cited: Sections 12935(a) and 12990(d), Government Code. Reference: Section 12990, Government Code.

The following state regulations pages link to this page.