Sec. 11111 - Exemptions

§ 11111. Exemptions

(a) Licensed rehabilitation workshops that are contractors of state contracting agencies are exempted from the requirements of this subchapter.

(b) Contracts of less than $5,000 are automatically exempt from the requirements of section 11105; contractors holding only such contracts are automatically exempt from the requirements of section 11102, but are subject to section 11101.

(c) A contractor with fewer than 50 employees in its entire workforce may receive an automatic exemption from the Program requirements of section 11103, subdivisions (a)(4)(B)-(C) pertaining to workforce and utilization analyses by filing a current California Employer Information Report (CEIR) annually with OCP. The OCP may remove any exemption granted under this subsection, in connection with any detailed review or any investigation instituted pursuant to section 11134 or 11135, or whenever the contractor is found to be in substantial noncompliance with the requirements of this subchapter.

(d) Contracts and subcontracts awarded pursuant to a declaration of public emergency, a declaration or determination of emergency pursuant to Government Code section 14809 or Government Code section 14272(a), (b), or (c), or a declared threat to the health, welfare or safety of the public are fully exempted from the requirements of section 11105, and contractors holding only such contracts are exempted from the requirements of section 11102, but remain subject to section 11101.

(e) A construction contractor with fewer than 50 permanent employees may obtain an exemption from the requirements of section 11103, subdivision (a)(4)(B)-(C) pertaining to workforce and utilization analyses by filing a CEIR annually with OCP. The OCP may remove any exemption granted under this subsection, in connection with any detailed review or any investigation instituted pursuant to section 11134 or 11135, or whenever the contractor is found to be in substantial noncompliance with the requirements of this subchapter.

(f) Exemptions of subsections (a) and (d) of this section shall be granted only upon application to the state contract awarding agency prior to the date the contract is awarded. The contract awarding agency shall, prior to the grant of any exemption under this section, require proof of satisfaction of the exemption conditions of this section. The OCP may issue opinion letters and guidelines from time to time to assist contact awarding agencies in making determinations under this section.

(g) Nothing in this section prohibits hiring or employment practices, which must be enforced in order to maintain or establish eligibility for federal programs, where ineligibility would result in a loss of federal funds to the state.

(1. Change without regulatory effect renumbering former section 8115 to new section 11111 and amending section filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40). 2. New subsection (g) and amendment of Note 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; California Constitution, article I, § 31.

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