Cal. Code Regs. Tit. 8, § 229 - Service, Notice and Computation of Time
(a) Except where otherwise provided for in
these Regulations, all documents and notices required to be served pursuant to
this section or Article shall be served personally, or by certified mail, or by
first class mail on the party to be served or attorney or representative of
Record.
(b) Service shall be prior
or simultaneous 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
that is not a holiday. 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 Notification of Contract Award
Information pursuant to Section
230 and Request for Dispatch of
Apprentices pursuant to Section
230.1 shall also be subject to the
following requirements.
(1) The Notice or
Request shall be sent by first class and certified mail, return receipt
requested, or facsimile or e-mail. If mailed, the contractor or subcontractor
shall retain a copy of all such requests, including copies of U.S. Postal
Service receipts as proof of mailing. If transmitted electronically by
facsimile, the contractor or subcontractor shall retain a copy of all such
requests, including an electronic copy of confirmation that the facsimile was
received by the recipient and date received. If transmitted by e-mail, the
contractor or subcontractor shall retain a copy of all such e-mail
transmissions and bearing the date of the e-mail transmissions.
(2) Upon written request, the contractor or
subcontractor shall provide a copy of all such notifications or requests to the
Labor Commissioner. In any review proceeding under Labor Code Section
1742(b),
the contractor or subcontractor shall have the burden of proving that the
notification or request was timely submitted.
(e) A request to review a civil wage and
penalty assessment issued pursuant to Labor Code Section
1777.7, shall
be governed by the notice, service, and computation of time requirements
specified in the prevailing wage hearing regulations at 8 C.C.R. §§
17201 et seq. rather than this
section.
Notes
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).
5. Amendment of section heading and section filed 8-6-2021; operative 10-1-2021 (Register 2021, No. 32). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
6. Order filed 8-6-2021 stayed on 9-20-2021 by the Sacramento County Superior Court pending ruling on motions in Construction Employers' Association, United Contractors, and Millwright Employers' Association, Inc. v. California Department of Industrial Relations, Division of Labor Standards Enforcement, and California Apprenticeship Council, Case No. 34-2021-80003714. The California Department of Industrial Relations, Division of Labor Standards Enforcement, and California Apprenticeship Council will ensure that the California Apprenticeship Council website reflects that the current version of the regulation set forth at California Code of Regulations, Title 8, section 202, as it appeared prior to 8-6-2021 Order, shall remain in full force and effect.
Note: Authority cited: Section 1777.7, Labor Code. Reference: Section 1777.7, Labor Code.
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).
5. Amendment of section heading and section filed 8-6-2021; operative
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