California Regulations 10115.3

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§ 10115.3 Appeal of Civil Penalty

(a) If an assessee disputes the Determination assessing a civil penalty after hearing, the assessee may request a conference with the Administrative Director. The request shall be in writing, shall specify the basis of the dispute, shall be in a form specified by the Administrative Director, and shall be served personally or by certified or registered mail on the Administrative Director within 7 days of the assessee's receipt of the Determination after hearing described in Section 10114(g), (h) of these Rules.

 (b) If the Administrative Director determines that a conference is appropriate, (s)he will schedule a conference within 30 days of receiving the request. Within 15 days of submitting the matter for decision after the conference or within 20 days of receiving the written request for conference if a conference is not conducted, the Administrative Director shall issue a Notice of Findings and serve the claims administrator by registered or certified mail. The Notice of Findings is final for purpo ses of judicial review upon receipt. The time limits for action by the Administrative Director are directory and not jurisdictional.

 (c) The appellant must pay any amount found due by the Administrative Director within 30 days after receiving the Notice of Findings, but the 30-day period shall be tolled if the appellant files a timely petition for writ of mandate until that proceeding has become final.

 (d) The assessee may seek further review of a Notice of Findings issued under subsection (b), by filing a petition for writ of mandate in the appropriate superior court as provided by Labor Code Section 129.5(e). The deadline for filing the petition for writ is 30 days after service of the Notice of Findings.