Chapter 2. California Apprenticeship Council
Subchapter 1. Apprenticeship
Article 10. Required Apprentices on Public Works Contract

§229. Service, Notice and Computation of Time.

(a) Except where otherwise provided for in these Regulations, all documents and notices required to be served pursuant to this section or Article shall be served personally, or by certified mail, or by first class mail on the party to be served or attorney or representative of Record.

(b) Service shall be prior or simultaneous to filing. Proof of service, by means of a written declaration under penalty of perjury stating the name(s) and address(es) of party(s) served and the date and manner of service, shall be attached to the papers filed.

(c) In computing the time within which a right may be exercised or an act is to be performed the first day shall be excluded and the last day shall be included. If the last day is a Saturday, Sunday or legal holiday, time shall be extended to the next weekday that is not a holiday. For documents or notices served by first class main the time for performing any act shall be extended pursuant to the Code of Civil Procedure Section 1013.

(d) A Notification of Contract Award Information pursuant to Section 230 and Request for Dispatch of Apprentices pursuant to Section 230.1 shall also be subject to the following requirements.

(1) The Notice or Request shall be sent by first class and certified mail, return receipt requested, or facsimile or e-mail. If mailed, the contractor or subcontractor shall retain a copy of all such requests, including copies of U.S. Postal Service receipts as proof of mailing. If transmitted electronically by facsimile, the contractor or subcontractor shall retain a copy of all such requests, including an electronic copy of confirmation that the facsimile was received by the recipient and date received. If transmitted by e-mail, the contractor or subcontractor shall retain a copy of all such e-mail transmissions and bearing the date of the e-mail transmissions.

(2) Upon written request, the contractor or subcontractor shall provide a copy of all such notifications or requests to the Labor Commissioner. In any review proceeding under Labor Code Section 1742(b), the contractor or subcontractor shall have the burden of proving that the notification or request was timely submitted.

(e) A request to review a civil wage and penalty assessment issued pursuant to Labor Code Section 1777.7, shall be governed by the notice, service, and computation of time requirements specified in the prevailing wage hearing regulations at 8 C.C.R. §§ 17201 et seq. rather than this section.

Credits

Note: Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.

History

1. Repealer and new section filed 4-9-90 as an emergency; operative 4-9-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-7-90. For prior history, see Register 82, No. 40.

2. Reinstatement of section as it existed prior to 4-9-90 emergency repeal and adoption filed 5-21-91 pursuant to Government Code section 11346.1(f) 120 days from effective date (Register 91, No. 47).

3. Repealer and new section filed 4-10-92; operative 5-11-92 (Register 92, No. 21).

4. Amendment of section heading and new subsection (d) filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

5. Amendment of section heading and section filed 8-6-2021; operative 10-1-2021 (Register 2021, No. 32). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

6. Order filed 8-6-2021 stayed on 9-20-2021 by the Sacramento County Superior Court pending ruling on motions in Construction Employers' Association, United Contractors, and Millwright Employers' Association, Inc. v. California Department of Industrial Relations, Division of Labor Standards Enforcement, and California Apprenticeship Council, Case No. 34-2021-80003714. The California Department of Industrial Relations, Division of Labor Standards Enforcement, and California Apprenticeship Council will ensure that the California Apprenticeship Council website reflects that the current version of the regulation set forth at California Code of Regulations, Title 8, section 202, as it appeared prior to 8-6-2021 Order, shall remain in full force and effect.