§ 232.01. Scope and Application of Rules.

(a) These Rules govern proceedings for review of Determinations of civil penalty or debarment under Labor Code section 1777.5 and 1777.7. The provisions of Labor Code section 1777.7, applicable provisions of chapter 4.5 of title 2, division 3, part 1 (commencing at Government Code section 11425.10) of the Government Code and these Rules apply to all such Determinations served on a Contractor, Subcontractor, or Responsible Officer on or after the effective date of these Rules and provide the exclusive method for an Affected Contractor, Subcontractor, or Responsible Officer to obtain review of any such Determination.

(b) These Rules do not govern debarment proceedings under Labor Code section 1777.1, nor prevailing wage enforcement under Labor Code section 1742, nor any criminal prosecution.

(c) These Rules do not preclude any remedies otherwise authorized by law to remedy violations of Division 2, Part 7, Chapter 1 of the Labor Code. These Rules do preclude challenge by an Affected Contractor, Subcontractor, or Responsible Officer to determinations of violations of Labor Code section 1777.5 except as provided herein.

(d) For easier reference, individual sections within these prevailing wage hearing regulations are referred to as “Rules” using only their last two digits. For example, this Section 232.01 may be referred to as Rule 01.

HISTORY

1. New article 1 (sections 232.01-232.12) and section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

2. Editorial correction redesignating article 1 as subarticle 1 (Register 2004, No. 33).

Note

Note: Authority cited: Section 11400.20, Government Code; and Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code; and Section 11400.10, Government Code.