Section 13818 - Proposed Decision; Decision of Labor Commissioner; Judicial Review(a) The hearing officer shall prepare a written proposed decision based on the record of the proceedings, including the hearing, which shall contain a statement of the factual and legal basis of the decision, as provided in Government Code section 11425.50. Within 45 days of the conclusion of the hearing, the hearing officer shall transmit the proposed decision to the Labor Commissioner, or his or her designee, who may adopt the proposed decision in its entirety; modify any part of the proposed decision, including the order; or remand the case to the hearing officer for further proceedings.(b) Within 60 days of the conclusion of the hearing, copies of the Labor Commissioner's decision with the hearing officer's proposed decision attached thereto shall be delivered to the parties personally or sent to them by certified mail. The decision shall become effective 30 days after it is delivered or mailed to the respondent, unless the decision provides for an earlier date or a stay of execution has been granted by the Labor Commissioner. A stay of execution may be included in the decision or granted by the Labor Commissioner at any time before the decision becomes effective and may require that the respondent comply with specified conditions or terms of probation.(c) An applicant or registrant aggrieved by a decision issued pursuant to subdivision (a) may seek review of the decision by filing a petition for writ of mandate to the appropriate superior court pursuant to section 1094.5 of the Code of Civil Procedure within 45 days after service of the decision. If no petition is timely filed with the appropriate superior court, the decision shall be the final administrative order.Cal. Code Regs. Tit. 8, § 13818
1. New section filed 7-1-2020; operative 7-15-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 27). (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-66-20.) Note: Authority cited: Section 1422, Labor Code. Reference: Sections 1428, 1429 and 1430, Labor Code.
1. New section filed 7-1-2020; operative 7/15/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 27). (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-66-20.)