San Francisco County Municipal Code § 106.5 Recourse

A Contractor and/or a Subcontractor may appeal from a Certification of Forfeiture under Section 106.2 or Determination of Violation under Section 106.3. The Controller shall adopt and maintain rules for any appeal under this Section 106.5, which rules shall be consistent with the following: (a) Any appeal from a Certification of Forfeiture or a Determination of Violation (each type of appeal referred to in this Section 106.5 as the “Appeal”) shall be filed in writing by the Contractor and/or Subcontractor (referred to in this Section 106.5, whether individually or together, as the “Appellant”) within 15 days of the date of service of the Certification of Forfeiture or the Determination of Violation. Appellant shall file the Appeal with the Controller and serve a copy on the Labor Standards Enforcement Officer. Failure by the Contractor or Subcontractor to submit a timely, written Appeal shall constitute concession to the forfeiture or determination, and the forfeiture or determination shall be deemed final upon expiration of the 15-day period.

(b) Upon being served with the Appeal, the Office of Labor Standards Enforcement shall promptly afford Appellant an opportunity to meet and confer in good faith regarding possible resolution of the Certification of Forfeiture or Determination of Violation in advance of further proceedings under this Section 106.5, with the intention that such meeting occur within 30 days of the date the Appeal is filed. (c) After the expiration of 30 days following the date the Appeal is filed, any party may request in writing, with concurrent notice to all other parties, that the Controller appoint a hearing officer to hear and decide the Appeal (“Hearing Officer”). If no party requests appointment of a Hearing Officer, the Certification of Forfeiture or Determination of Violation shall be deemed final on the 60th day after the date the Appeal is filed. (d) Within 15 days of receiving a written request for appointment of a Hearing Officer under subsection (c), the Controller shall appoint an impartial hearing officer and promptly notify the enforcing official and Appellant, and their respective counsel or authorized representative, if any, of the appointment. The Hearing Officer shall be an Administrative Law Judge with at least 10 years of experience with the City and not less than two years of experience in labor law, Prevailing Wage, and/or wage and hour matters; or shall be an attorney with knowledge of and not less than five years of experience in labor law, Prevailing Wage, and/or wage and hour matters. (e) The Hearing Officer shall promptly set a date for a hearing. The hearing shall commence within 45 days of the date of the notification of the Hearing Officer appointment, and conclude within 75 days of such notice. The Hearing Officer shall conduct a fair and impartial evidentiary hearing in conformance with the time limitations set forth in this Section 106.5 and in the rules, so as to avoid undue delay in the resolution of any appeal. The Hearing Officer shall have the discretion to extend the times under this Section 106.5, and any time requirements under the rules and regulations, only upon a showing of good cause. (f) Appellant has the burden of proving by a preponderance of the evidence that the basis for the Certification of Forfeiture or Determination of Violation is incorrect, including any back wage and penalty assessments that are at issue in the Appeal. (g) Within 30 days of the conclusion of the hearing, the Hearing Officer shall issue a written decision affirming, modifying, or dismissing the Certificate of Forfeiture or Determination of Violation. The decision of the Hearing Officer shall consist of findings and a determination. The Hearing Officer’s findings and determination shall be the City’s final determination. (h) Appellant may appeal a final determination under this Section 106.5 only by filing in the San Francisco Superior Court. The Appellant may appeal the final administrative decision only by filing in San Francisco Superior Court a petition for a writ of mandate under California Code of Civil Procedure, Section 1094.5 et seq., as applicable, and as may be amended from time to time. (Added by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)