SEC. 2. Section 98.2 of the Labor Code is amended to read:Apparently, the staff in Sacramento didn't have the safe iron-fisted drafting professor I did! Cross-referencing sections! Bad! Anyway, this, along, with AB 1311 may signal a shift in the mind of the Legislature towards treating the DLSE hearings as more like a specialized court. If this is so, will the evidence rules become more formalized?
WithinExcept as provided in subdivision (b), within 10 days after service of notice of an order, decision, or award the parties, any party may seek review by filing an appeal to the superior court, where the appeal shall be heard de novo. A copy of the appeal request shall be served upon the Labor Commissioner by the appellant. For purposes of computing the 10-day period after service, Section
1013 of the Code of Civil Procedure is applicable.
(b) Notwithstanding subdivision (a), a party who has failed to file an answer, to attend the administrative hearing, and to seek administrative relief pursuant to subdivision (f) of Section 98, shall not obtain a de novo hearing on appeal, but the superior court shall review the administrative order, decision, or award for an abuse of discretion only, unless the court finds that the appellant is entitled to relief in accordance with Sections 473 or 473.5 of theCode of Civil Procedure.
I'm going to ask for comment from the bills' authors. I will post it here.