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Chapter 6. Division of Labor Standards Enforcement
Subchapter 15. Public List of Certain Port Drayage Motor Carriers and Customer Sharing of Liability Under Labor Code Section 2810.4
Article 3. Hearing Procedures, Judicial Review (Refs & Annos)
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§ 13887. Judicial Review.
(a) A port drayage motor carrier successor aggrieved by a decision issued pursuant to Section 13886 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 calendar 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.
(b) Once a hearing officer's decision that a port drayage motor carrier is a successor becomes final, either when there is no petition for writ of mandate that is timely filed or after disposition of the writ and any further appeal proceedings, the port drayage motor carrier successor will be placed on the public list. In addition, if a petition for writ of mandate is timely filed, the port drayage motor carrier successor may be placed on the public list unless the court stays the hearing officer's decision.
(c) A decision that has become final as provided in this section will be determinative in any future proceeding regarding liability for unpaid wages, unreimbursed expenses, damages and penalties, including applicable interest, and may not be challenged or litigated again.
Note: Authority cited: Section 2810.4, Labor Code. Reference: Section 2810.4, Labor Code.
HISTORY
1. New section filed 2-16-2022; operative 4-1-2022 (Register 2022, No. 7). (Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)
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