§ 5068. Vacating Decision.
22 CA ADC § 5068Barclays Official California Code of RegulationsEffective: April 1, 2023
Effective: April 1, 2023
22 CCR § 5068
§ 5068. Vacating Decision.
(a) If a party fails to appear in any day of a hearing and an administrative law judge issues a decision on the merits adverse to that party's interest, the party may file an application to vacate the decision within 30 days after service of the decision. The application shall specify the reason for vacating the decision. If the application is untimely, it shall also specify the reason for the delay.
(b) If the application fails to specify the reason for vacating the decision, or, if applicable, for its untimeliness, an administrative law judge may serve notice requiring the applicant to specify the reason by filing it within 10 days after service of such notice. If the applicant fails to comply, an administrative law judge may order the application to vacate the decision denied.
(d) An application to vacate a decision that is not otherwise denied in accordance with this rule shall be scheduled for hearing. If the applicant shows good cause for vacating the decision, and, if applicable, for the untimely application, the decision shall be ordered vacated; otherwise the application to vacate the decision shall be ordered denied.
Credits
Note: Authority cited: Section 11400.20, Government Code; and Section 411, Unemployment Insurance Code. Reference: Sections 1951, 2712 and 3262, Unemployment Insurance Code.
History
1. New section filed 2-4-99; operative 3-6-99 (Register 99, No. 6).
2. Amendment of subsection (a) filed 2-1-2023; operative 4-1-2023 (Register 2023, No. 5).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 5068, 22 CA ADC § 5068
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