Cal. Code Regs. Tit. 8, § 16002.5 - Appeal of Public Work Coverage Determination
(a) Those interested parties enumerated in
Section 16000 of these regulations may
appeal to the Director of Industrial Relations or the Director's duly
authorized representative as set forth in Section
16301 of these regulations a
determination of coverage under the public works laws (Labor Code Section
1720 et seq.) regarding either a
specific project or type of work under Section
16001(a) of these
regulations. Such notice of appeal must be served within 30 days of the
issuance of the coverage determination. The party appealing the determination
must, in accordance with the filing procedures set forth in Section
16302(d) of these
regulations, give written notification to the awarding body and any other
identifiable parties.
(b) The
notice of appeal shall state the full factual and legal grounds upon which the
determination is appealed, and whether a hearing is desired. The decision to
hold a hearing is within the Director's sole discretion. The Director may
appoint a hearing officer to conduct the hearing and propose a decision on the
appeal. The Director shall make the final decision on the appeal.
(c) The authority of the Director to
determine coverage of projects under the prevailing wage laws is
quasi-legislative, and a final determination on any appeal is subject to
judicial review pursuant to the Code of Civil Procedure, Section
1085.
Notes
Note: Authority cited: Section 1773.5, Labor Code. Reference: Sections 1720, 1720.2, 1720.3, 1720.4 and 1771, Labor Code.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.