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Chapter 6. Division of Labor Standards Enforcement
Subchapter 14. Foreign Labor Contractor Registration
Article 3. Denial of Registration; Suspension and Revocation (Refs & Annos)

§ 13863. Proposed Decision; Decision of Labor Commissioner; Judicial Review.

(a) The hearing officer shall prepare a written proposed decision based on the record of the proceedings, including the hearing, which shall contain a statement of the factual and legal basis of the decision, as provided in Government Code section 11425.50. Within 45 days of the conclusion of the hearing, the hearing officer shall transmit the proposed decision to the Labor Commissioner, or his or her designee, who may either:

(1) Adopt the proposed decision in its entirety, or

(2) Modify any part of the proposed decision, including the order, or

(3) Remand the case to the hearing officer for further proceedings. Within 60 days of the conclusion of the hearing, copies of the Labor Commissioner's decision, and the hearing officer's proposed decision attached thereto, shall be delivered to the parties personally or sent to them by certified mail. The decision shall become effective 30 days after it is delivered or mailed to the respondent, unless the decision provides for an earlier date, or a stay of execution has been granted by the Labor Commissioner. A stay of execution may be included in the decision or granted by the Labor Commissioner at any time before the decision becomes effective, and may be accompanied by an express condition that the respondent comply with specified conditions or terms of probation.

(b) An applicant or registrant aggrieved by a decision issued pursuant to subdivision (a) may seek review of the decision made after a hearing held pursuant to this article by filing a petition for writ of mandate to the appropriate superior court pursuant to section 1094.5 of the Code of Civil Procedure within 45 days after service of the decision. If no petition is timely filed with the appropriate superior court, the decision shall be the final administrative order.

Note: Authority cited: Section 9998.11, Business and Professions Code; Reference: Section 9998.11, Business and Professions Code.

HISTORY

1. New section filed 10-8-2018; operative 1-1-2019 (Register 2018, No. 41).

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