This information is provided free of charge by the Department of Industrial Relations from its web site at www.dir.ca.gov. These regulations are for the convenience of the user and no representation or warranty is made that the information is current or accurate. See full disclaimer at https://www.dir.ca.gov/od_pub/disclaimer.html.

Chapter 2. California Apprenticeship Council
Article 10. Required Apprentices On Public Works Contract
Subchapter 1. Apprenticeship
Article 5. Decisions of the Administrator

§232.62. Final Decision; Time for Seeking Review.

(a) The decision of the Administrator issued pursuant to Section Rule 60 [Section 232.60] above shall be the final decision of the Director from which any Party may seek judicial review pursuant to the provisions of Labor Code section 1777.7(c)(6) and Code of Civil Procedure section 1094.5; provided however, that if the Administrator has issued a modified decision pursuant to and within the 15-day limit of the Administrator's reconsideration authority under Section Rule 61 [Section 232.61] above and Labor Code section 1777.7(c)(6), the right of review and time for seeking such review shall extend from the date of service of the modified decision rather than from the original decision.

(b) The modification of a decision to correct a clerical error after expiration of the 15-day time limit on the Administrator's reconsideration authority shall not extend the time for seeking judicial review.

(c) The time for seeking judicial review shall be determined from the date of service of the decision of the Administrator under Code of Civil Procedure section 1013, including any applicable extension of time provided in that statute.

(d) Any petition seeking judicial review of a decision under these Rules may be served (1) upon the Administrator by serving the Office of the Director -- Legal Unit where the appointed Hearing Officer who conducted the hearing on the merits regularly maintains his or her office; and (2) upon the Chief DAS by the serving the regular office of the attorney who represented the Chief DAS at the hearing on the merits. The intent of this subpart is to authorize and designate a preferred method for giving the Administrator and the Chief DAS formal notice of a court action seeking review of a decision of the Administrator under these Rules; it does not preclude the use any other service method authorized by law.

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)

Go Back Go Back to subarticle 5 table of contents