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

§232.64. Request for Participation by Administrator in Judicial Review Proceeding

Although the Administrator should be named as the Respondent in any action seeking judicial review of a final decision, the Administrator ordinarily will rely upon the Parties to the hearing (as Petitioner and Real Party in Interest) to litigate the correctness of the final decision in the writ proceeding and on any appeal. The Administrator may participate actively in proceedings raising issues that specifically concern the Administrator's authority under the statutes and regulations governing the payment of prevailing wages on public work contracts, or the validity of related laws, regulations, or the Director's decisions as to public works coverage or generally applicable prevailing wage rates, or the Administrator's precedential decisions under Labor Code section 1777.7(g). Any Party may request the Administrator to file a response in the action by including a separate written request with any court pleading being served on the Administrator in accordance with Rule 62(d) [Section 232.62(d)]. Any such separate written request should specify briefly what issues are raised by the petition that extend beyond the facts of the case and warrant the Administrator's participation.

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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