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California Labor Code Section 226.5

Legal Research Home > California Laws > Labor Code > California Labor Code Section 226.5

226.5.  (a) If a person desires to contest a citation or the
proposed assessment of a civil penalty therefor, he or she shall
within 15 business days after service of the citation notify the
office of the Labor Commissioner which appears on the citation of his
or her request for an informal hearing. The Labor Commissioner or
his or her deputy or agent shall, within 30 days, hold a hearing at
the conclusion of which the citation or proposed assessment of a
civil penalty shall be affirmed, modified, or dismissed. The decision
of the Labor Commissioner shall consist of a notice of findings,
findings, and order which shall be served on all parties to the
hearing within 15 days after the hearing by regular first-class mail
at the last known address of the party on file with the Labor
Commissioner. Service shall be completed pursuant to Section 1013 of
the Code of Civil Procedure. Any amount found due by the Labor
Commissioner as a result of a hearing shall become due and payable 45
days after notice of the findings and written findings and order
have been mailed to the party assessed. A writ of mandate may be
taken from this finding to the appropriate superior court, as long as
the party agrees to pay any judgment and costs ultimately rendered
by the court against the party for the assessment. The writ shall be
taken within 45 days of service of the notice of findings, findings,
and order thereon.
   (b) A person to whom a citation has been issued shall, in lieu of
contesting a citation pursuant to this section, transmit to the
office of the Labor Commissioner designated on the citation the
amount specified for the violation within 15 business days after
issuance of the citation.
   (c) When no petition objecting to a citation or the proposed
assessment of a civil penalty is filed, a certified copy of the
citation or proposed civil penalty may be filed by the Labor
Commissioner in the office of the clerk or the superior court in any
county in which the person assessed has or had a place of business.
The clerk, immediately upon the filing, shall enter judgment for the
state against the person assessed in the amount shown on the citation
or proposed assessment of a civil penalty.
   (d) When findings and the order thereon are made affirming or
modifying a citation or proposed assessment of a civil penalty after
hearing, a certified copy of these findings and the order entered
thereon may be entered by the Labor Commissioner in the office of the
clerk of the superior court in any county in which the person
assessed has property or in which the person assessed has or had a
place of business. The clerk, immediately upon the filing, shall
enter judgment for the state against the person assessed in the
amount shown on the certified order.
   (e) A judgment entered pursuant to this section shall bear the
same rate of interest and shall have the same effect as other
judgments and be given the same preference allowed by the law on
other judgments rendered for claims for taxes. The clerk shall make
no charge for the service provided by this section to be performed by
him or her.

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Last modified: March 17, 2014