Chapter 2. California Apprenticeship Council
Article 10. Required Apprentices On Public Works Contract
Subchapter 1. Apprenticeship
Subarticle 2. Determinations and Request for Review

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§232.28. Finality of Determinations When No Timely Request for Review is Filed; Authority of Awarding Body to Disburse Withheld Funds.
(a) Upon the failure of an Affected Contractor, Subcontractor or Responsible Officer to file a timely Request for Review under Labor Code section 1777.7(c) and Rule 22 [Section 232.22] above, the Determination of civil penalty or debarment shall become a “final order” as to the Affected Contractor, Subcontractor, or Responsible Officer that the Chief DAS may certify and file with the superior court in accordance with Labor Code section 1777.7(c)(6).

(b) Where a Determination of civil penalty or debarment has become final as to at least one but not as to every Affected Contractor, Subcontractor, or Responsible Officer, the Awarding Body shall continue to withhold and retain the amounts required to satisfy any penalties at stake in a review proceeding initiated by any other Affected Contractor, Subcontractor, or Responsible Officer until there is a final order in that proceeding that is no longer subject to judicial review.

NOTE

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

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31)

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