2005 California Labor Code Sections 6650-6652 CHAPTER 8. ENFORCEMENT OF CIVIL PENALTIES

LABOR CODE
SECTION 6650-6652

6650.  (a) After the expiration of the period during which a penalty
may be appealed, no appeal having been filed, the department may
file with the clerk of the superior court in any county a certified
copy of the citation and notice of civil penalty, the certification
by the department that the penalty remains unpaid, and the division's
proof of service on the employer of the items filed with the clerk
of the court.
   (b) After the exhaustion of the review procedures provided for in
Chapter 7 (commencing with Section 6600), an appeal having been
filed, the department may file with the clerk of the superior court
in any county a certified copy of the citation and notice of civil
penalty, a certified copy of the order, findings or decision of the
appeals board, the certification of the department that the penalty
remains unpaid, and proof of service on the employer at the employer'
s address as shown on the official address record by the appeals
board.
   (c) The clerk, immediately upon the filing of a notice of civil
penalty by the department pursuant to subdivision (a) or (b), shall
enter judgment for the state against the person assessed the civil
penalty in the amount of the penalty, plus interest due for each day
from the date of issuance of the notice of civil penalty that the
penalty remains unpaid.
   (d) The department shall serve the notice of entry of judgment
provided by Section 664.5 of the Code of Civil Procedure on the
employer.
   (e) A judgment entered pursuant to this section shall bear the
same rate of interest, have the same effect as other judgments, and
be given the same preference allowed by law on other judgments
rendered for claims for taxes pursuant to Section 7170 of the
Government Code.
   (f) No fees shall be charged by the clerk of any court for the
performance of any official service required by this chapter.
6651.  (a) Notwithstanding Section 340 of the Code of Civil
Procedure, an action to collect any civil penalty, fee, or penalty
fee under this division shall be commenced within three years from
the date the penalty or fee became final.
   (b) The amendments made to this section by the act adding this
subdivision shall only apply to penalty assessments or fees for which
the three-year period prescribed in this section for the
commencement of an action to collect a civil penalty or fee has not
expired on the effective date of the act adding this subdivision.
6652.  The division shall provide the Contractors' State License
Board with a certified copy of every notice of civil penalty deemed
to be a final order pursuant to Section 6601 or after the exhaustion
of all other review procedures pursuant to Chapter 7 (commencing with
Section 6600) when both of the following have occurred:
   (a) The employer served with the notice of civil penalty is, or is
thought to be, a licensee licensed by the Contractors' State License
Board.
   (b) The employer referred to in subdivision (a) has failed to pay
the civil penalty after a period of 60 days following that employer's
receipt of the notice of civil penalty.
   (c) When the employer has paid the civil penalty referenced in the
certified copy of notice of civil penalty that was provided to the
Contractors' State License Board, including all interest owed
thereon, then the division shall provide to the employer who was the
subject of the certified copy of notice a written confirmation or
receipt stating that the employer has paid the amount owed that was
the subject of the certified notice provided to the board.


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