Labor Commissioner retaliation citation: request informal hearing within 30 days after service, or citation becomes final
30 days after date the citation was served, under Cal. Lab. Code 98.74(b)(1) (amended by Stats. 2019, ch. 721 (SB 229), eff. Jan. 1, 2020).
Rule text
A person issued a citation pursuant to this section may obtain review of the citation by transmitting a written request for an informal hearing to the office of the Labor Commissioner at the address that appears on the citation within 30 days after service of the citation. If no hearing is requested within 30 days after service of the citation, the citation shall become final.
Calculate this deadline
- Trigger (Date the citation was served): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).
Cal. Lab. Code 98.74(b)(1) (amended by Stats. 2019, ch. 721 (SB 229), eff. Jan. 1, 2020)
A person issued a citation pursuant to this section may obtain review of the citation by transmitting a written request for an informal hearing to the office of the Labor Commissioner at the address that appears on the citation within 30 days after service of the citation. If no hearing is requested within 30 days after service of the citation, the citation shall become final.Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."Official source
- Labor Commissioner retaliation citation (Lab. Code 98.74). In lieu of contesting, pay and certify compliance within the same 30 days (98.74(b)(3)). Citation is served under CCP 1013, so 1013(a) extends the 30 days by text; the unextended date is shown as the safe date. [Validation 2026-11, Q0479. Authority: Cal. Lab. Code 98.74(a); Cal. Lab. Code 98.74(b)(1); Cal. Code Civ. Proc. 1013(a)]
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the citation was served on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date the citation was served): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Unsettled points
- The calculator shows the 30-day hearing request and 45-day writ dates with no mail days, the earlier date.Other reading: By text CCP 1013 extends both periods by 5 days (10 out of state, 20 out of country).
Notes
Labor Commissioner retaliation citation (Lab. Code 98.74). In lieu of contesting, pay and certify compliance within the same 30 days (98.74(b)(3)). Citation is served under CCP 1013, so 1013(a) extends the 30 days by text; the unextended date is shown as the safe date. [Validation 2026-11, Q0479. Authority: Cal. Lab. Code 98.74(a); Cal. Lab. Code 98.74(b)(1); Cal. Code Civ. Proc. 1013(a)]
Related deadlines
- Labor Commissioner minimum wage citation (Lab. Code 1197.1): request informal hearing within 15 business days after service of citation (15 court days after)
- Prevailing wage civil wage and penalty assessment: request for review within 60 days after service of assessment (60 days after)
- Labor Commissioner wage claim: defendant may file answer within 10 days after service of notice and complaint (10 days after)
- Labor Commissioner wage claim: notice whether hearing will be held within 30 days of filing of complaint (30 days after)
- Labor Commissioner wage claim: hearing to be held within 90 days of the determination to hold a hearing (90 days after)
- Labor Commissioner wage claim: order, decision or award to be filed within 15 days after hearing concludes (15 days after)
- Labor Commissioner retaliation/discrimination complaint: file within 1 year after the violation (12 months after)
- Lab. Code 6310/6311 safety retaliation: concurrent federal OSHA complaint within 30 days after the violation (30 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.