Administrative Hearings and Appeals Category: Work and Employment Law
Overview
Hearings are usually held by an appeals board either within the same agency or provided by the California Office of Administrative Law. They are usually less formal than a trial would be. The appellant can have an attorney represent them, but it is s not required.
To appeal a board decision, you generally seek "judicial review" in a trial court, using a writ of administrative mandate (mandamus). In most cases, this review is not a new trial with a chance to provide evidence, but a review of whether the hearing was fair and gave you "due process of law."
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Filing A Notice of Appeal of a Labor Commissioner Decision
Background If an employee has a wage and hour dispute with his or her employer in California, the employee may file a claim with the California Department of Industrial Relations, Division of Labor Standards Enforcement. These matters are often settled or resolved without a hearing, or may be decided at...
Read MoreWrit of Mandate for Unemployment Benefits
Need info on appealing within the EDD? The website of the California Unemployment Insurance Appeals Board (CUIAB) provides links to forms, instructions, and a video on appealing within the EDD. Background If you have been denied unemployment benefits, and have exhausted all of your administrative appeals, you may petition the...
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