Section 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.(c) If the reason specified by the applicant shows that there is no good cause for vacating the decision, or, if applicable, for the untimely application, 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.(e) If an applicant fails to appear in the hearing on an application to vacate a decision, an administrative law judge may order the application denied.(f) If a party that has grounds to file an application to vacate a decision files what purports to be a board appeal, it shall be treated as an application to vacate the decision, unless the application or the party clearly states to the contrary.(g) Upon service of an order denying an application to vacate a decision, the applicant shall be deemed to have filed a board appeal of the denial of the application to vacate, and also of the original adverse decision which was the subject of the application to vacate.(h) An order vacating a decision is appealable to the board only upon service of an adverse decision or order on the appeal or petition.Cal. Code Regs. Tit. 22, § 5068
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). Note: Authority cited: Section 11400.20, Government Code; and Section 411, Unemployment Insurance Code. Reference: Sections 1951, 2712 and 3262, Unemployment Insurance Code.
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).