(b) Service shall be prior to filing. Proof of service, by means of a written declaration under penalty of perjury stating the name(s) and address(es) of party(s) served and the date and manner of service, shall be attached to the papers filed.
(c) In computing the time within which a right may be exercised or an act is to be performed the first day shall be excluded and the last day shall be included. If the last day is a Saturday, Sunday or legal holiday, time shall be extended to the next weekday. For documents or notices served by first class main the time for performing any act shall be extended pursuant to the Code of Civil Procedure Section 1013.
(d) A request for review which is transmitted to the Administrator within 30 days after service of the order of debarment or civil penalty will be considered timely if the request was sent to the Administrator by first class mail or facsimile with a proof of service showing the date of service was within 30 days after service of the order of debarment or civil penalty.
Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.
1. Repealer and new section filed 4-9-90 as an emergency; operative 4-9-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-7-90. For prior history, see Register 82, No. 40.
2. Reinstatement of section as it existed prior to 4-9-90 emergency repeal and adoption filed 5-21-91 pursuant to Government Code section 11346.1(f) 120 days from effective date (Register 91, No. 47).
3. Repealer and new section filed 4-10-92; operative 5-11-92 (Register 92, No. 21).
4. Amendment of section heading and new subsection (d) filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).