§ 232.22. Filing of Request for Review.

(a) Any Request for Review of a Determination of civil penalty or debarment shall be transmitted in writing to the office of the Administrator within 30 days after service of the Determination. Failure to request review within 30 days shall result in the Determination becoming final and not subject to further review under these Rules.

(b) A Request for Review shall be transmitted to the office of the Administrator at the following address:

Department of Industrial Relations Office of the Director - Legal Unit Attention: Lead Hearing Officer P.O. Box 420603 San Francisco, CA 94142-0603

(c) A Request for Review shall be deemed filed on the date of mailing, as determined by the U.S. Postal Service postmark date on the envelope or the overnight carrier's receipt in accordance with Rule 03(b) [Section 232.03(b)] above, or on the date of receipt by the designated office of the Administrator, whichever is earlier.

(d) A copy of the Request for Review must be served on the Chief DAS, at the address as designated on the Determination from which review is sought.

(e) A Request for Review either shall clearly identify the Determination from which review is sought, including the date of the Determination, or it shall include a copy of the Determination as an attachment. A Request for Review shall also set forth the basis upon which the Determination is being contested. A Request for Review shall be liberally construed in favor of its sufficiency; however, the Hearing Officer may require the Party seeking review to provide a further specification of the issues or claims being contested and a specification of the basis for contesting those matters.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

Note

Note: Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.