Preview
1 ROB BONTA
Attomey General of California
2 RUSSELL B . HILDRETH, State Bar No. 166167
Supervising Deputy Attomey General
3 ANDREA M . KENDRICK, State Bar No. 225688 FiLED/ENOOeSEO
COURTNEY S. COVINGTON, State Bar No. 259723
4 Deputy Attorneys General
1300 I Street, Suite 125 JUL 2 § 2022
5 P.O. Box 944255
Sacramento, CA 94244-2550 By:.
6 Telephone: (916)210-7821
Fax: (916)327-2319
7 E-mail: Andrea.Kendrick@doj.ca.gov
Attorneys for Defendants
8 Exempt from filing fees under
Government Code § 6103
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SACRAMENTO
11
12
13 FIRE GUARD CORPORATION; Case No. 34-2019-00249221-CU-CR-GDS
BAHMAN BRIAN SHAHANGIAN, an
14 individual; and CALIFORNIA FIRE SEPARATE STATEMENT OF
PROTECTION COALITION, a California UNDISPUTED MATERIAL FACTS IN
15 Corporation; and JUAN CARLOS DEL SUPPORT OF DEFENDANTS' MOTION
TORO TREJO, an individual, FOR SUMMARY ADJUDICATION
16
Plaintiffs, Reservation No.: 2649022
17 Date: October 11, 2022
Time: 1:30 p.m.
18 Dept.: 53
Trial Date: December 5, 2022
19 CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION;
20 CALIFORNIA OFFICE OF THE STATE
FIRE MARSHAL; MIKE RICHWINE, in
21 his official capacity as State Fire Marshal;
JEFFERY SCHWARTZ, in his official
22 capacity as Deputy State Fire Marshal; and
DOES 1 through 10, inclusive.
23
Defendants.
24
25
26
27
28
Separate Statement of Undisputed Material Facts ISO Defendants' Motion for Summary Adjudication
(34-2019-00249221-CU-CR-GDS)
1 Defendants California Department of Forestry and Fire Protection, Califomia Office of
2 the State Fire Marshal, Mike Richwine, and Jeffrey Schwartz, collectively referred to as the
3 OSFM, submit this separate statement of undisputed material facts, with references to supporting
4 evidence, in support of their motion for summary adjudication of plaintiffs' first, second, third,
5 fourth, and fifth causes of action for declaratory relief, pursuant to Califomia Rules of Court,
6 Rule 31350, subdivisions (d) and (h).
7 ISSUE 1: The First Cause of Action, a due process challenge based on the right to earn a living
in an occupation free from governmental influence, fails because the Califomia Code
8 of Regulations, title 19, Chapter 5.5, sections 920-948 (Regulations) are rationally
related to the OSFM's significant interest in protecting public safety by regulating the
9 individuals who install water-based fire protection systems (Fire Sprinkler Fitters).
10 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting
11 and Supporting Evidence Evidence
12 1. The Legislature authorized OSFM to adopt 1.
regulations "to ensure fire safety in
13 buildings and structures within this state
including regulations related to
14 construction, modification, installation,
testing, inspection, labeling, listing,
15 certification, registration, licensing,
reporting, operation, and maintenance."
16
(Health 8c Saf Code, § 13110, subd. (a).)
17
2. Prior to the adoption of the Regulations, in 2.
18 Califomia, the person who designed the
fire sprinkler system was required to be
19 licensed but "the installer of these life
safety systems [was] not required to
20 demonstrate his or her knowledge or
experience, nor have £iny."
21
(Exh.A to Defendants' Exhibits, Initial
22 Statement of Reasons, at AFESC-RF 0056,
as authenticated in the Arend Decl., ^3.)
23
3. Prior to the adoption of the Regulations, 3.
24 "[tjhere [were] concerns regarding public
safety from the Fire Service that fire
25 suppression systems installed in Califomia
[were] not done in a safe manner by
26 qualified and trained persons." The
OSFM's intent in adopting the Regulations
27 was to establish a program to address the
"public safety and industry concerns that
28
Separate Statement of Undisputed Material Facts ISO Defendants' Motion for Summary Adjudication
(34-2019-00249221-CU-CR-GDS)
1 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting
and Supporting Evidence Evidence
.2
fire sprinklers [were] not being installed in
3 accordance with Califomia law."
4 (Exh. A to Defendants' Exhibits, Initial
Statement of Reasons, at AFESC-RF 0057,
5 as authenticated in the.Arend Decl., T| 3.)
6 4. The Regulations were developed to ensure
that the licensed company's installers have
7 the necessary skills and qualifications to
safely install a fire sprinkler system and
8 were promulgated through the APA's
public rulemaking process. Government
9 Code section 11340 et seq.
10 (Exh. A to Defendants' Exhibits, Initial
Statement of Reasons, at AFESC-RF 0056-
11 0057, as authenticated in the Arend Decl., ^
3. See Cal. Code Regs., tit. 19, §§ 920-
12 948. See text of the Regulations, Exh. F to
Defendants' Exhibits, Notice
13 Publication/Regulations Resubmittal, at
AFESC-RF 1135-1158 & stamped
14 Endorsed - Filed in the Office of the
Secretary of State, dated March 24, 2017,
15 at AFESC-RF 1133, as authenticated in the
Arend Decl., t 8.)
16
17
ISSUE 2: The Second Cause of Action, a due process and an equal protection challenge based
18 on alleged lack of notice of the final version of the Regulations, fails because (1)
procedural due process does not apply to an administrative mlemaking, which is a
19 quasi-legislative action, and (2) there is no credible argument that the challenged
Regulations are unconstitutional under the applicable rational basis standard.
20
Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting
21 and Supporting Evidence Evidence
22 5. The Regulations do not prevent C-16 5. ,
license holders from hiring a licensed Fire
23 Sprinkler Fitter to install, repair, or add
appurtenances to a water-based fire
24 protection system.
25 (Cal. Code Regs., tit. 19, § 923, subd. (a).)
26
27
28
Separate Statement of Undisputed Material Facts ISO Defendants' Motion for Summary Adjudication
(34-2019-00249221-CU-CR-GDS)
1 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting
and Supporting Evidence Evidence
2
6. The Regulations do not prevent a C-16 6.
3 license holder from installing, altering,
repairing, or adding appurtenances to fire
4 protection systerns other than water-based
fire protection systems.
5
(Cal. Code Regs., tit. 19, §§ 922, 923.)
6
7
ISSUE 3: The Third Cause of Action, a Contract Clause challenge based on alleged existing and
8 anticipated contracts that were allegedly negatively affected by the Regulations, fails
because (1) the Regulations are rationally related to the OSFM's significant interest in
9 protecting public safety by regulating Fire Sprinkler Fitters; (2) the delayed
implementation period of the Regulations allowed C-16 Contractors and journeymen
10 Fire Sprinkler Fitters who met the qualifications to become certified without taking an
examination; and (3) the Contracts Clause only protects vested contractual rights and
11 any anticipated contracts are not vested.
12 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting
and Supporting Evidence Evidence
13
14 7. The Regulations do not prevent C-16 7.
license holders from hiring a licensed Fire
15 Sprinkler Fitter to install, repair, or add
appurtenances to a water-based fire
16 protection system.
17 (Cal. Code Regs., tit. 19, § 923, subd. (a).)
18 8. The Regulations do not prevent a C-16 8.
license holder from installing, altering,
19 repairing, or adding appurtenances to fire
protection systems other than water-based
20 fire protection systems.
21 (Cal. Code Regs., tit. 19, §§ 922, 923.)
22 9. The Regulations provided for a delayed 9.
implementation period until January 1,
23 2018, during which those who possessed a
C-16 license and journeyman Fire
24 Sprinkler Fitters who met the minimum
qualifications, did not have to take an
25 examination to obtain a Fire Sprinkler
Fitter certification.
26
(Cal. Code Regs., tit. 19, section 947.)
27
28
Separate Statement of Undisputed Materia! Facts ISO Defendants' Motion for Summary Adjudication
(34-2019-00249221-CU-CR-GDS)
1 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting
and Supporting Evidence Evidence
2
10. The Legislature authorized OSFM to adopt 10.
3 regulations "to ensure fire safety in
buildings and stmctures within this state
4 including regulations related to
constmction, modification, installation,
5 testing, inspection, labeling, listing,
certification, registration, licensing,
6 reporting, operation, and maintenance."
7 (Health & Saf Code, § 13110, subd. (a).)
8 11. Prior to the adoption of the Regulations, 11.
"[tjhere were concerns regarding public
9 safety from the Fire Service that fire
suppression systems installed in Califomia
10 [were] not done in a safe manner by
qualified and trained persons." The
11 OSFM's intent in adopting the Regulations
was to establish a program to address the
12 "public safety and industry concerns that
fire sprinklers were not being installed in
13 accordance with Califomia law."
14 (Exh. A to Defendants' Exhibits, Initial
Statement of Reasons, at AFESC-RF 0056-
15 0057, as authenticated in the Arend Decl., ^
16 3.)
12. Prior to the adoption of the Regulations, in 12.
17 Califomia, the person who designed the
fire sprinkler system was required to be
18 licensed but "the installer of these life
safety systems [was] not required to
19 demonstrate his or her knowledge or
experience, nor have any."
20
(Exh. A to Defendants' Exhibits, Initial
21 Statement of Reasons, at AFESC-RF 0056-
22 0057, as authenticated in the Arend Decl., |
3.)
23 13. The Regulations were developed to ensure 13.
that the licensed company's installers have
24 the necessary skills and qualifications to
safely install a fire sprinkler system and
25 were promulgated through the APA's
public rulemaking process.
26
27 (Exh. A to Defendants' Exhibits, Initial
Statement of Reasons, at AFESC-RF 0056-
28 0057, as authenticated in the Arend Decl., 11
Separate Statement of Undisputed Material Facts ISO Defendants' Motion for Summary Adjudication
(34-2019-00249221 -CU-CR-GDS)
1 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting
and Supporting Evidence Evidence
2
3. See Cal. Code Regs., tit. 19, §§ 920-
3 948. See text of the Regulations, Exh. F to
Defendants' Exhibits, Notice
4 Publication/Regulations Resubmittal, at
AFESC-RF 1135-1158 & stamped
5 Endorsed - Filed in the Office of the
Secretary of State, dated March 24, 2017,
6 at AFESC-RF 1133, as authenticated in the
Arend Decl., TI 8.) !
7
8
ISSUE 4: The Fourth Cause of Action, a due process challenge based on a claim that as a result
9 of the Regulations' requirements that an individual complete an apprenticeship
program and pass a written examination to become a Fire Sprinkler Fitter, an
10 individual who formerly installed fire sprinklers cannot complete these requirements
unless he or she has an understanding of English and advanced mathematics, fails
11 because the Regulations are rationally related to the OSFM's significant interest in
protecting public safety by regulating Fire Sprinkler Fitters.
12
Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting
13 and Supporting Evidence Evidence
14
14. With respect to the claims regarding the 14.
15 entrance requirements for the
apprenticeship programs, a committee
16 established by the chair of the Califomia
Apprenticeship Council sets the state-wide
17 minimum industry training criteria for the
Fire Sprinkler Fitter apprenticeship
program, not the OSFM, and the
18 apprenticeship program sponsors set their
own entrance requirements, not the OSFM.
19
20 (Cal. Code Regs., tit. 8 § 212.01.)
21 15. The Chief of the Division of 15.
Apprenticeship Standards (Division), under
22 the auspices of the Department of Industrial
Relations, administers the apprenticeship
23 law by working to foster, promote and
develop the welfare of apprentices, advance
24 their opportunities for employment, and
approve applications for new
25 apprenticeship programs.
26 (Lab. Code, §§ 3073, 3075, 3090; Cal.
• Code Regs., tit. 8, §§212,212.2.)
27
28
Separate Statement of Undisputed Material Facts ISO Defendants' Motion for Summary Adjudication
(34-2019-00249221-CU-CR-GDS)
1 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting
and Supporting Evidence Evidence
2
16. An apprenficeship program may be 16.
3 administered by a joint apprenticeship
committee, unilateral management or labor
4 apprenticeship committee, or an individual
employer.
5
(Lab. Code § 3075.)
6
17. A state-approved program is operated by an 17.
7 apprentice committee, which may be either
a joint program, which has union
8 participation, or unilateral program, which
does not.
9
(Lab. Code, § 3075; Cal. Code Regs., tit. 8,
10 § 202, subd. (g.).)
11 18. Program sponsors are required to establish 18.
selection procedures, including niinimum
12 requirements for formal education or
equivalency and subject matter written
13 tests, and must also submit an official
statement of the selection procedures to the
14 Chief of the Division. Program sponsors
shall also implement affirmative action
15 programs for minorities and women in
accordance with the rules, regulations, and
16 guidelines of the Council for programs in
the building and constmction trades.
17
18 (Lab. Code, § 3076.3; Cal. Code Regs., tit.
8, § 202, subd. (g.).)
19
20 ISSUE 5: The fifth cause of action, a First Amendment challenge based on allegedly having to
21 associate with a union in order to comply with the Regulations, fails for reasons that
include that the Regulations do not require individuals to join a union.
22
Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting
23 and Supporting Evidence Evidence
24 19. The Regulations require certain individuals 19.
seeking Fire Sprinkler Fitter certification to
25 enroll in a Califomia or federally approved
apprenticeship program, without reference
26 to union affiliation.
27 (Cal. Code Regs., tit. 19, § 938, subd. (b).) •
28
Separate Statement of Undisputed Material Facts ISO Defendants' Motion for Summary Adjudication
(34-2019-00249221 -CU-CR-GDS)
1 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting
and Supporting Evidence Evidence
2
20. Either unions or employers are permitted to 20.
3 establish an apprenticeship program, or
they may establish a joint program. t
4
(See Cal. Lab. Code § 3075.)
5
6
7 Dated: July 25, 2022 Respectfiilly submitted,
8 ROBBONTA
9 Attomey General of Califomia
RUSSELL B , HILDRETH
10 Supervising Deputy Attomey General
11
^ ^ ^ ^
12
ANDREA M. KENDRICK
13 Deputy Attomey General
Attorneys for Defendants
14
SA2019300028
15 3637247 Ldocx
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Separate Statement of Undisputed Material Facts ISO Defendants' Motion for Summary Adjudication
(34-2019-00249221 -CU-CR-GDS)
Preview
1 ROB BONTA Attomey General of California 2 RUSSELL B . HILDRETH, State Bar No. 166167 Supervising Deputy Attomey General 3 ANDREA M . KENDRICK, State Bar No. 225688 FiLED/ENOOeSEO COURTNEY S. COVINGTON, State Bar No. 259723 4 Deputy Attorneys General 1300 I Street, Suite 125 JUL 2 § 2022 5 P.O. Box 944255 Sacramento, CA 94244-2550 By:. 6 Telephone: (916)210-7821 Fax: (916)327-2319 7 E-mail: Andrea.Kendrick@doj.ca.gov Attorneys for Defendants 8 Exempt from filing fees under Government Code § 6103 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 13 FIRE GUARD CORPORATION; Case No. 34-2019-00249221-CU-CR-GDS BAHMAN BRIAN SHAHANGIAN, an 14 individual; and CALIFORNIA FIRE SEPARATE STATEMENT OF PROTECTION COALITION, a California UNDISPUTED MATERIAL FACTS IN 15 Corporation; and JUAN CARLOS DEL SUPPORT OF DEFENDANTS' MOTION TORO TREJO, an individual, FOR SUMMARY ADJUDICATION 16 Plaintiffs, Reservation No.: 2649022 17 Date: October 11, 2022 Time: 1:30 p.m. 18 Dept.: 53 Trial Date: December 5, 2022 19 CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION; 20 CALIFORNIA OFFICE OF THE STATE FIRE MARSHAL; MIKE RICHWINE, in 21 his official capacity as State Fire Marshal; JEFFERY SCHWARTZ, in his official 22 capacity as Deputy State Fire Marshal; and DOES 1 through 10, inclusive. 23 Defendants. 24 25 26 27 28 Separate Statement of Undisputed Material Facts ISO Defendants' Motion for Summary Adjudication (34-2019-00249221-CU-CR-GDS) 1 Defendants California Department of Forestry and Fire Protection, Califomia Office of 2 the State Fire Marshal, Mike Richwine, and Jeffrey Schwartz, collectively referred to as the 3 OSFM, submit this separate statement of undisputed material facts, with references to supporting 4 evidence, in support of their motion for summary adjudication of plaintiffs' first, second, third, 5 fourth, and fifth causes of action for declaratory relief, pursuant to Califomia Rules of Court, 6 Rule 31350, subdivisions (d) and (h). 7 ISSUE 1: The First Cause of Action, a due process challenge based on the right to earn a living in an occupation free from governmental influence, fails because the Califomia Code 8 of Regulations, title 19, Chapter 5.5, sections 920-948 (Regulations) are rationally related to the OSFM's significant interest in protecting public safety by regulating the 9 individuals who install water-based fire protection systems (Fire Sprinkler Fitters). 10 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting 11 and Supporting Evidence Evidence 12 1. The Legislature authorized OSFM to adopt 1. regulations "to ensure fire safety in 13 buildings and structures within this state including regulations related to 14 construction, modification, installation, testing, inspection, labeling, listing, 15 certification, registration, licensing, reporting, operation, and maintenance." 16 (Health 8c Saf Code, § 13110, subd. (a).) 17 2. Prior to the adoption of the Regulations, in 2. 18 Califomia, the person who designed the fire sprinkler system was required to be 19 licensed but "the installer of these life safety systems [was] not required to 20 demonstrate his or her knowledge or experience, nor have £iny." 21 (Exh.A to Defendants' Exhibits, Initial 22 Statement of Reasons, at AFESC-RF 0056, as authenticated in the Arend Decl., ^3.) 23 3. Prior to the adoption of the Regulations, 3. 24 "[tjhere [were] concerns regarding public safety from the Fire Service that fire 25 suppression systems installed in Califomia [were] not done in a safe manner by 26 qualified and trained persons." The OSFM's intent in adopting the Regulations 27 was to establish a program to address the "public safety and industry concerns that 28 Separate Statement of Undisputed Material Facts ISO Defendants' Motion for Summary Adjudication (34-2019-00249221-CU-CR-GDS) 1 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting and Supporting Evidence Evidence .2 fire sprinklers [were] not being installed in 3 accordance with Califomia law." 4 (Exh. A to Defendants' Exhibits, Initial Statement of Reasons, at AFESC-RF 0057, 5 as authenticated in the.Arend Decl., T| 3.) 6 4. The Regulations were developed to ensure that the licensed company's installers have 7 the necessary skills and qualifications to safely install a fire sprinkler system and 8 were promulgated through the APA's public rulemaking process. Government 9 Code section 11340 et seq. 10 (Exh. A to Defendants' Exhibits, Initial Statement of Reasons, at AFESC-RF 0056- 11 0057, as authenticated in the Arend Decl., ^ 3. See Cal. Code Regs., tit. 19, §§ 920- 12 948. See text of the Regulations, Exh. F to Defendants' Exhibits, Notice 13 Publication/Regulations Resubmittal, at AFESC-RF 1135-1158 & stamped 14 Endorsed - Filed in the Office of the Secretary of State, dated March 24, 2017, 15 at AFESC-RF 1133, as authenticated in the Arend Decl., t 8.) 16 17 ISSUE 2: The Second Cause of Action, a due process and an equal protection challenge based 18 on alleged lack of notice of the final version of the Regulations, fails because (1) procedural due process does not apply to an administrative mlemaking, which is a 19 quasi-legislative action, and (2) there is no credible argument that the challenged Regulations are unconstitutional under the applicable rational basis standard. 20 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting 21 and Supporting Evidence Evidence 22 5. The Regulations do not prevent C-16 5. , license holders from hiring a licensed Fire 23 Sprinkler Fitter to install, repair, or add appurtenances to a water-based fire 24 protection system. 25 (Cal. Code Regs., tit. 19, § 923, subd. (a).) 26 27 28 Separate Statement of Undisputed Material Facts ISO Defendants' Motion for Summary Adjudication (34-2019-00249221-CU-CR-GDS) 1 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting and Supporting Evidence Evidence 2 6. The Regulations do not prevent a C-16 6. 3 license holder from installing, altering, repairing, or adding appurtenances to fire 4 protection systerns other than water-based fire protection systems. 5 (Cal. Code Regs., tit. 19, §§ 922, 923.) 6 7 ISSUE 3: The Third Cause of Action, a Contract Clause challenge based on alleged existing and 8 anticipated contracts that were allegedly negatively affected by the Regulations, fails because (1) the Regulations are rationally related to the OSFM's significant interest in 9 protecting public safety by regulating Fire Sprinkler Fitters; (2) the delayed implementation period of the Regulations allowed C-16 Contractors and journeymen 10 Fire Sprinkler Fitters who met the qualifications to become certified without taking an examination; and (3) the Contracts Clause only protects vested contractual rights and 11 any anticipated contracts are not vested. 12 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting and Supporting Evidence Evidence 13 14 7. The Regulations do not prevent C-16 7. license holders from hiring a licensed Fire 15 Sprinkler Fitter to install, repair, or add appurtenances to a water-based fire 16 protection system. 17 (Cal. Code Regs., tit. 19, § 923, subd. (a).) 18 8. The Regulations do not prevent a C-16 8. license holder from installing, altering, 19 repairing, or adding appurtenances to fire protection systems other than water-based 20 fire protection systems. 21 (Cal. Code Regs., tit. 19, §§ 922, 923.) 22 9. The Regulations provided for a delayed 9. implementation period until January 1, 23 2018, during which those who possessed a C-16 license and journeyman Fire 24 Sprinkler Fitters who met the minimum qualifications, did not have to take an 25 examination to obtain a Fire Sprinkler Fitter certification. 26 (Cal. Code Regs., tit. 19, section 947.) 27 28 Separate Statement of Undisputed Materia! Facts ISO Defendants' Motion for Summary Adjudication (34-2019-00249221-CU-CR-GDS) 1 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting and Supporting Evidence Evidence 2 10. The Legislature authorized OSFM to adopt 10. 3 regulations "to ensure fire safety in buildings and stmctures within this state 4 including regulations related to constmction, modification, installation, 5 testing, inspection, labeling, listing, certification, registration, licensing, 6 reporting, operation, and maintenance." 7 (Health & Saf Code, § 13110, subd. (a).) 8 11. Prior to the adoption of the Regulations, 11. "[tjhere were concerns regarding public 9 safety from the Fire Service that fire suppression systems installed in Califomia 10 [were] not done in a safe manner by qualified and trained persons." The 11 OSFM's intent in adopting the Regulations was to establish a program to address the 12 "public safety and industry concerns that fire sprinklers were not being installed in 13 accordance with Califomia law." 14 (Exh. A to Defendants' Exhibits, Initial Statement of Reasons, at AFESC-RF 0056- 15 0057, as authenticated in the Arend Decl., ^ 16 3.) 12. Prior to the adoption of the Regulations, in 12. 17 Califomia, the person who designed the fire sprinkler system was required to be 18 licensed but "the installer of these life safety systems [was] not required to 19 demonstrate his or her knowledge or experience, nor have any." 20 (Exh. A to Defendants' Exhibits, Initial 21 Statement of Reasons, at AFESC-RF 0056- 22 0057, as authenticated in the Arend Decl., | 3.) 23 13. The Regulations were developed to ensure 13. that the licensed company's installers have 24 the necessary skills and qualifications to safely install a fire sprinkler system and 25 were promulgated through the APA's public rulemaking process. 26 27 (Exh. A to Defendants' Exhibits, Initial Statement of Reasons, at AFESC-RF 0056- 28 0057, as authenticated in the Arend Decl., 11 Separate Statement of Undisputed Material Facts ISO Defendants' Motion for Summary Adjudication (34-2019-00249221 -CU-CR-GDS) 1 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting and Supporting Evidence Evidence 2 3. See Cal. Code Regs., tit. 19, §§ 920- 3 948. See text of the Regulations, Exh. F to Defendants' Exhibits, Notice 4 Publication/Regulations Resubmittal, at AFESC-RF 1135-1158 & stamped 5 Endorsed - Filed in the Office of the Secretary of State, dated March 24, 2017, 6 at AFESC-RF 1133, as authenticated in the Arend Decl., TI 8.) ! 7 8 ISSUE 4: The Fourth Cause of Action, a due process challenge based on a claim that as a result 9 of the Regulations' requirements that an individual complete an apprenticeship program and pass a written examination to become a Fire Sprinkler Fitter, an 10 individual who formerly installed fire sprinklers cannot complete these requirements unless he or she has an understanding of English and advanced mathematics, fails 11 because the Regulations are rationally related to the OSFM's significant interest in protecting public safety by regulating Fire Sprinkler Fitters. 12 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting 13 and Supporting Evidence Evidence 14 14. With respect to the claims regarding the 14. 15 entrance requirements for the apprenticeship programs, a committee 16 established by the chair of the Califomia Apprenticeship Council sets the state-wide 17 minimum industry training criteria for the Fire Sprinkler Fitter apprenticeship program, not the OSFM, and the 18 apprenticeship program sponsors set their own entrance requirements, not the OSFM. 19 20 (Cal. Code Regs., tit. 8 § 212.01.) 21 15. The Chief of the Division of 15. Apprenticeship Standards (Division), under 22 the auspices of the Department of Industrial Relations, administers the apprenticeship 23 law by working to foster, promote and develop the welfare of apprentices, advance 24 their opportunities for employment, and approve applications for new 25 apprenticeship programs. 26 (Lab. Code, §§ 3073, 3075, 3090; Cal. • Code Regs., tit. 8, §§212,212.2.) 27 28 Separate Statement of Undisputed Material Facts ISO Defendants' Motion for Summary Adjudication (34-2019-00249221-CU-CR-GDS) 1 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting and Supporting Evidence Evidence 2 16. An apprenficeship program may be 16. 3 administered by a joint apprenticeship committee, unilateral management or labor 4 apprenticeship committee, or an individual employer. 5 (Lab. Code § 3075.) 6 17. A state-approved program is operated by an 17. 7 apprentice committee, which may be either a joint program, which has union 8 participation, or unilateral program, which does not. 9 (Lab. Code, § 3075; Cal. Code Regs., tit. 8, 10 § 202, subd. (g.).) 11 18. Program sponsors are required to establish 18. selection procedures, including niinimum 12 requirements for formal education or equivalency and subject matter written 13 tests, and must also submit an official statement of the selection procedures to the 14 Chief of the Division. Program sponsors shall also implement affirmative action 15 programs for minorities and women in accordance with the rules, regulations, and 16 guidelines of the Council for programs in the building and constmction trades. 17 18 (Lab. Code, § 3076.3; Cal. Code Regs., tit. 8, § 202, subd. (g.).) 19 20 ISSUE 5: The fifth cause of action, a First Amendment challenge based on allegedly having to 21 associate with a union in order to comply with the Regulations, fails for reasons that include that the Regulations do not require individuals to join a union. 22 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting 23 and Supporting Evidence Evidence 24 19. The Regulations require certain individuals 19. seeking Fire Sprinkler Fitter certification to 25 enroll in a Califomia or federally approved apprenticeship program, without reference 26 to union affiliation. 27 (Cal. Code Regs., tit. 19, § 938, subd. (b).) • 28 Separate Statement of Undisputed Material Facts ISO Defendants' Motion for Summary Adjudication (34-2019-00249221 -CU-CR-GDS) 1 Moving Party's Undisputed Material Facts Opposing Party's Response and Supporting and Supporting Evidence Evidence 2 20. Either unions or employers are permitted to 20. 3 establish an apprenticeship program, or they may establish a joint program. t 4 (See Cal. Lab. Code § 3075.) 5 6 7 Dated: July 25, 2022 Respectfiilly submitted, 8 ROBBONTA 9 Attomey General of Califomia RUSSELL B , HILDRETH 10 Supervising Deputy Attomey General 11 ^ ^ ^ ^ 12 ANDREA M. KENDRICK 13 Deputy Attomey General Attorneys for Defendants 14 SA2019300028 15 3637247 Ldocx 16 17 18 19 20 21 22 23 24 25 26 27 28 Separate Statement of Undisputed Material Facts ISO Defendants' Motion for Summary Adjudication (34-2019-00249221 -CU-CR-GDS)