INDUSTRIAL HOMEWORK
Cal. LAB § 2664
California Statutes
(
a) Any
article or material which is being manufactured in a home in violation of any provision of this part may be confiscated by the division. Articles or material confiscated pursuant to this
section shall be placed in the custody of the division, which shall be responsible for destroying or disposing of them pursuant to regulations adopted under
Section 2666, provided that the articles or material shall not enter the mainstream of commerce and shall not be offered for sale. The division shall, by certified mail, give notice of the confiscation and the procedure for appealing the confiscation to the person whose name and address are affixed to the
article or material as provided in this part. The notice shall state that failure to file a written notice of appeal with the Labor Commissioner within days after service of the notice of confiscation shall result in the destruction or disposition of the confiscated
article or material. (
b) To contest the confiscation of articles or material, a person shall, within days after service of the notice of confiscation, file a written notice of appeal with the Office of the Labor Commissioner at the address that appears on the notice of confiscation. Within days after the timely filing of a notice of appeal, the Labor Commissioner shall hold a hearing on the appeal. The hearing shall be recorded.
Based on the evidence presented at the hearing, the Labor Commissioner may affirm, modify, or dismiss the confiscation, and may order the return of none, some, or all of the confiscated articles or material, under terms that the Labor Commissioner may specify. The decision of the Labor Commissioner shall consist of findings of fact, legal analysis, and an order. The decision shall be served by first-class mail on all parties to the hearing, to the last known address of the parties on file with the Labor Commissioner, within days of the conclusion of the hearing. Service shall be complete pursuant to
Section of the Code of Civil Procedure. Judicial review shall be by petition for writ of mandate, filed with the appropriate court, within days of service of the decision.