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Chapter 2. California Apprenticeship Council
Article 10. Required Apprentices On Public Works Contract
Subchapter 1. Apprenticeship
Subarticle 2. Determinations and Request for Review
New Query

§232.20. Service and Contents of Determinations.


(a) A Determination of civil penalty or debarment shall be served on the contractor, subcontractor, and responsible officer, if applicable, by first class and certified mail pursuant to the requirements of Code of Civil Procedure section 1013. A copy of the notice shall also be served by certified mail on any bonding company issuing a bond that secures the performance of the job covered by the Determination and to any Surety on the bond if its identities of such companies are known or reasonably ascertainable. The identity of any Surety issuing a bond for the benefit of an Awarding body as designated obligee shall be deemed ”known or reasonably ascertainable,” and the Surety shall be deemed to have received the notice required under this subpart if sent to the address appearing on the face of the bond.

(b) A Determination of civil penalty or debarment shall be in writing and shall include the following information:

(1) a description of the nature of the violation and basis for the Determination; and

(2) the amount of penalties due, including a specification of amounts to be withheld from available contract payments, and any period of debarment.

(c) A Determination of civil penalty or debarment shall also include the following information:

(1) the name and address of the office of the Administrator to whom a Request for Review must be sent, as well as the name and address of the office of the Chief DAS on whom a copy of the Request for Review must be served;

(2) information on the procedures for obtaining review of the Determination;

(3) notice of the opportunity to request a settlement meeting under Rule 21 [Section 232.21] below; and

(4) the following statement which shall appear in bold or another type face that makes it stand out from the other text:

Failure by a contractor, subcontractor, or responsible officer to submit a timely Request for Review will result in a final order which shall be binding on the contractor, subcontractor, or responsible officer. Labor Code section 1777.7(c)(1).

NOTE

Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Sections 11440.20 and 11425.50, Government Code.

HISTORY

1. New article 2 (sections 232.20-232.29) and section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

2. Editorial correction redesignating article 2 as subarticle 2 (Register 2004, No. 33).


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