PART 1. STATE DEPARTMENTS AND AGENCIES
Part 1 added by Stats. 1945, Ch. 111.
§§ 11000–11908 · 599 sections
CHAPTER 1. State Agencies §§ 11000–11148.5 · 187 sections
ARTICLE 1. General §§ 11000–11019.12 · 89 sections
- § 11000 (a) As used in this title, “state agency” includes every state office, officer, department, division, bureau, board, and commission. As used in any section of…
- § 11000.5 (a) A state agency shall not permit an evaluator to review a discretionary grant application submitted by an organization or a person for which the evaluator…
- § 11000.7 Notwithstanding any other provision of law, every state agency shall establish the license periods and renewal dates for all licenses issued by the agencies in…
- § 11000.10 (a) (1) Any state agency, including, but not limited to, a district agricultural association, or a joint powers agency that includes a district agricultural…
- § 11001 Any state agency may make exhibits descriptive or illustrative of any activity or pursuit relating to its work or affairs at any international, state,…
- § 11002 If a remittance to cover a payment required by law to be made to the state or to a state agency on or before a specified date is sent through the United States…
- § 11003 If an application, tax return or claim for credit or refund required by law to be filed with the state or state agency on or before a specified date is filed…
- § 11004 Sections 11002 and 11003 do not apply to: (a) Applications or other documents required or permitted to be filed under the Chapter 1 (commencing with Section…
- § 11005 (a) (1) Unless the Legislature specifically provides that approval is not required, every gift or dedication to the state of personal property, or every gift…
- § 11005.1 The Director of Finance may accept on behalf of the State any gift of real or personal property whenever he deems such gift and the terms and conditions…
- § 11005.2 (a) Unless the Legislature specifically provides that approval by the Director of General Services is not required, every conveyance, contract, or agreement…
- § 11005.3 Any state department, board, or commission may lease any real property for the use of the state agency for storage, warehouse, or office purposes provided that…
- § 11005.4 (a) For purposes of this section, the following terms have the following meanings: (1) “Accepted nutritional guidelines” as used in this section means the…
- § 11005.5 After January 1, 1983, if property is to be constructed, purchased, or leased, or any interest is acquired in the property, for a period of five years firm…
- § 11005.6 Any lease of property by a state agency for warehouse or office uses which is entered into or renewed on or after January 1, 1991, shall contain all of the…
- § 11005.7 The Department of General Services on or before July 1, 1991, shall develop procedures and policies to expedite normal procedures for purchasing, leasing, and…
- § 11006 (a) Notwithstanding any other provision of law, a state agency that requires fingerprinting for any non-law-enforcement purpose shall not require the use of…
- § 11006.5 (a) It is the intent of the Legislature that Year 2000 Problem identification and remediation be the top information technology priority for all state agencies…
- § 11007 (a) Except as expressly authorized by law or as specifically authorized by the Director of General Services, property belonging to the state shall not be…
- § 11007.1 (a) The Department of Transportation, when it has acquired title to any real property for highway purposes and leases that property for commercial or business…
- § 11007.4 (a) As used in this section: (1) “Employee” includes an officer, employee, or servant, whether or not compensated, but does not include an independent…
- § 11007.5 Any state agency, with the approval of the Department of General Services, may secure insurance protecting the state against loss by burglary, robbery, theft,…
- § 11007.6 Any state agency may, subject to rules and regulations of the Department of General Services, insure its officers and employees not covered by Part 2.6…
- § 11007.7 (a) The procurement of insurance or official bonds by any state agency shall be subject to approval of the Department of General Services. Any procurement of…
- § 11007.8 (a) If a state agency is authorized to procure insurance, that agency may operate and administer a self-insurance program. The agency may contract with the…
- § 11008 Whenever any State agency except the State Compensation Insurance Fund has drawn against any bank account for the payment of any claim and payment of the claim…
- § 11008.2 Any regulation, order, or other action, adopted, prescribed, taken, or performed by the former Technology, Trade, and Commerce Agency as it existed on December…
- § 11008.5 Any program administered in part or whole by the Technology, Trade, and Commerce Agency prior to January 1, 2004, pursuant to an interagency agreement with…
- § 11009 Except as otherwise expressly provided by law, the members of State boards and commissions shall serve without compensation, but shall be allowed necessary…
- § 11009.5 (a) For purposes of this section: (1) “Displaced” means a condition in which the person or business is unable to return to the address of record or other…
- § 11010 (a) When a state agency, supported from the General Fund, is required to collect from any person, firm, or corporation a proportionate share of the cost of…
- § 11010.5 (a) Where authority is vested in any state agency to contract on behalf of the state, such authority shall include the power, by mutual consent of the…
- § 11011 (a) On or before December 31 of each year, each state agency shall make a review of all proprietary state lands, other than tax-deeded land, land held for…
- § 11011.1 (a) Notwithstanding any other provision of law, except Article 8.5 (commencing with Section 54235) of Chapter 5 of Part 1 of Division 2 of Title 5, the…
- § 11011.2 (a) (1) Notwithstanding any other law, including, but not limited to, Sections 11011 and 14670, except as provided in this section, the Department of General…
- § 11011.3 (a) For purposes of this section, “department” means the Department of General Services. (b) The department, in consultation with the Department of Housing and…
- § 11011.4 (a) Upon approval from the Department of Finance, the Secretary of the Department of Corrections and Rehabilitation shall notify the Department of General…
- § 11011.5 (a) If no state or other public entity seeks to obtain title to specific surplus state-owned real property, a state agency authorized to sell that property,…
- § 11011.6 Any local agency or nonprofit affordable housing sponsor that wishes to be considered a priority buyer of the state real property known as Lanterman…
- § 11011.7 All real property acquired for park and recreation purposes by the state which was formerly part of Camp Pendleton shall be used solely for park and recreation…
- § 11011.8 (a) On or before December 31 of each year, the Department of Housing and Community Development shall furnish to the Department of General Services a list of…
- § 11011.9 For purposes of expanding affordable housing development and adaptive reuse opportunities of multistory state office buildings and for adaptive reuse incentive…
- § 11011.11 (a) The Legislature finds and declares as follows: (1) There is no complete inventory of all state real property holdings containing information on present…
- § 11011.13 For purposes of Section 11011.15, the following definitions shall apply: (a) “Agency” means a state agency, department, division, bureau, board, commission,…
- § 11011.14 (a) Notwithstanding any other provision of law, the Director of General Services shall transfer title of state Building 101, the former Lake Norconian Club…
- § 11011.15 (a) The Department of General Services shall maintain a complete and accurate statewide inventory of all real property held by the state and categorize that…
- § 11011.16 The inventory prepared pursuant to Section 11011.15 shall contain the following additional information: (a) A description of the exact current and projected…
- § 11011.17 (a) The University of California, by July 1, 1988, shall furnish the department, in a uniform format specified by the department, a record of each parcel of…
- § 11011.18 The Department of Transportation, by July 1, 2002, shall furnish to the Department of General Services a record of each parcel of real property that it…
- § 11011.19 (a) The State Lands Commission, by July 1, 2011, shall furnish to the Department of General Services a record of each parcel of real property that it possesses…
- § 11011.20 (a) Any private person or private company which advertises that it provides information or services regarding the sale or purchase of public property of any…
- § 11011.21 (a) The Legislature finds and declares that the Department of General Services has, pursuant to former Section 11011.21, as added by Section 8 of Chapter 150…
- § 11011.24 (a) Except as provided in subdivisions (b) and (c), the Director of General Services may sell or exchange, pursuant to Section 11011.1, at fair market values…
- § 11011.25 (a) Notwithstanding any other provision of law, the Director of General Services shall transfer to the County of Ventura, no later than October 1, 1998, and…
- § 11011.26 The Director of General Services, subject to the approval of the State Public Works Board and specific authorization by the Legislature that may be provided…
- § 11011.27 (a) Notwithstanding any other law, the department may advertise and award contracts for services related to the disposition of real property, in accordance…
- § 11011.28 (a) Notwithstanding Section 11011.1, the Director of General Services may sell, at fair market value, to the City of Norwalk, upon those terms and conditions…
- § 11011.29 (a) When a state agency builds upon state-owned real property, purchases real property, or replaces landscaping or irrigation, the state agency shall reduce…
- § 11011.30 (a) Notwithstanding Section 11011.1, the Director of General Services may sell, at fair market value, upon those terms and conditions the director determines…
- § 11011.31 (a) Notwithstanding Section 11011.1, the Director of General Services may sell, at fair market value, to the City of Chino, upon those terms and conditions the…
- § 11011.32 (a) Notwithstanding Section 11011.1, the Director of General Services may sell, exchange, or lease to the City of Imperial, upon those terms and conditions the…
- § 11012 (a) If any state agency, including, but not limited to, state agencies acting in a fiduciary capacity, is authorized to invest funds, or to sell or exchange…
- § 11012.5 (a) The Director of General Services may exercise the option to accelerate the vesting of title in the state as set forth in the lease purchase agreement dated…
- § 11013 The director of any state department, subject to approval of the Department of General Services, may establish and maintain, or by contract or otherwise cause…
- § 11014 (a) In exercising the powers and duties granted to and imposed upon it, any state agency may construct and maintain communication lines as may be necessary.…
- § 11015 No state funds under the control of an officer or employee of the state, or of any agency thereof, shall ever be used for membership or for any participation…
- § 11015.5 (a) On or after July 1, 2001, unless otherwise authorized by the Department of Information Technology pursuant to Executive Order D-3-99, every state agency,…
- § 11016 Any state agency may, within the powers otherwise conferred by law upon the state agency, in order that this state may participate in the federal antipoverty…
- § 11016.1 Notwithstanding any other provisions of law to the contrary, if foreign assistance funds are appropriated by the President of the United States and the…
- § 11016.5 Each state agency may contract with a joint powers authority that is created pursuant to an agreement entered into pursuant to Chapter 5 (commencing with…
- § 11016.9 (a) Each state agency shall establish clear flextime policies and shall direct its managers to encourage the use of flextime. (b) Each state agency shall…
- § 11017 Notwithstanding any other provision of law, each state agency in performing its duties shall comply with all local air pollution control rules, regulations,…
- § 11017.1 Each state agency shall take all practical and reasonable steps to recover civil damages for the negligent, willful, or unlawful damaging or taking of state…
- § 11017.5 (a) When a statute is enacted establishing a new program or requiring interpretation pursuant to the Administrative Procedure Act, the state agency responsible…
- § 11017.6 Every state agency responsible for implementing a statute which requires interpretation pursuant to the Administrative Procedure Act shall prepare, by January…
- § 11018 Every state agency which is authorized by any law to conduct administrative hearings but is not subject to Chapter 5 (commencing with Section 11500) shall…
- § 11018.5 (a) The Bureau of Real Estate, on or after July 1, 2001, unless otherwise authorized by the Department of Information Technology pursuant to Executive Order…
- § 11019 (a) Any department or authority specified in subdivision (b) may, upon determining that an advance payment is essential for the effective implementation of a…
- § 11019.3 (a) It is the intent of the Legislature to improve and expand the state’s existing advance payment practices for state grants and contract with nonprofits and…
- § 11019.5 (a) Notwithstanding any other provision of law, but to the extent consistent with applicable federal law or regulation, any state department and the Controller…
- § 11019.6 (a) Notwithstanding any other provision of state law, and to the extent not in conflict with federal law, if a principal agency is not designated by statute, a…
- § 11019.7 (a) A state agency shall not send any outgoing United States mail to an individual that contains personal information about that individual, including, but not…
- § 11019.8 (a) All state agencies, as defined in Section 11000, are encouraged and authorized to cooperate with federally recognized California Indian tribes on matters…
- § 11019.81 (a) This section shall be known and may be cited as the Government-to-Government Consultation Act. (b) For purposes of this section, all of the following shall…
- § 11019.82 (a) This section shall be known, and may be cited, as the Tribal Cogovernance and Comanagement of Ancestral Lands and Waters Act. (b) For purposes of this…
- § 11019.9 (a) Each state department and state agency shall enact and maintain a permanent privacy policy, in adherence with the Information Practices Act of 1977 (Title…
- § 11019.10 Except as provided in the Budget Act and implementing statutes, no automatic increases shall be provided to the University of California, California State…
- § 11019.11 (a) Except as provided in Section 11019.12, every state agency that requests on any written form or written publication, or through its internet website,…
- § 11019.12 (a) Each agency named in subdivision (d) shall include all of the following on any intake or application form at the next scheduled update of their intake or…
ARTICLE 2. Office Hours §§ 11020–11022 · 4 sections
- § 11020 (a) Unless otherwise provided by law, all offices of every state agency shall be kept open for the transaction of business from 8 a.m. until 5 p.m. of each day…
- § 11020.1 Notwithstanding Section 11020, the Department of Motor Vehicles may reduce its hours of service for transacting business during the period between 8 a.m. to 5…
- § 11021 (a) When a state agency is open or operates on Saturday such state agency may operate with a skeleton crew from 9 a.m. to 12 noon of each Saturday if the total…
- § 11022 Each state agency shall establish a procedure pursuant to which incoming telephone calls on any public line shall be answered within 10 rings during regular…
ARTICLE 3. Traveling Expenses §§ 11030–11033.5 · 9 sections
- § 11030 All elective constitutional officers, heads of departments, chiefs of divisions, assistants, deputies, agents, experts and other officers and employees of the…
- § 11030.1 When a state employee not covered by Part 2.6 (commencing with Section 19815) of Division 5 dies while traveling on official state business, the state shall,…
- § 11030.2 Any state officer or employee not covered by Part 2.6 (commencing with Section 19815) of Division 5 when working overtime at his or her headquarters on state…
- § 11030.5 Any state officer or officer or employee of any state agency may, when traveling on state business, fly in state-owned or leased civil aircraft as a passenger…
- § 11031 The headquarters of elective constitutional officers, other than Members of the Legislature, shall be established by the filing of a written statement with the…
- § 11031.5 The headquarters of the Franchise Tax Commissioner is in the City of Sacramento. From and after the effective date of this section the Franchise Tax…
- § 11032 Any state officer or employee of any state agency may confer with other persons, associations, or organizations outside of the state whenever it may be of…
- § 11033 No state officer or employee shall absent himself or herself from the state on business of the state without the prior approval of the Governor, except when…
- § 11033.5 Sections 11032 and 11033 shall not apply to any member of the Commission on Uniform State Laws.
ARTICLE 4. Legal Services §§ 11040–11045 · 6 sections
- § 11040 (a) It is the intent of the Legislature that overall fiscal efficiency and economy in state government be enhanced by employment of the Attorney General as…
- § 11041 (a) Section 11042 does not apply to the office of the Governor, the Regents of the University of California, the Trustees of the California State University,…
- § 11042 (a) For purposes of promoting fiscal efficiency and economy, no state agency shall employ any in-house counsel to act on behalf of the state agency or its…
- § 11043 (a) The Legislature finds and declares all of the following: (1) The Attorney General performs separate functions in enforcing state laws, pursuant to Section…
- § 11044 (a) The Legal Services Revolving Fund is hereby created in the State Treasury. The Department of Justice shall administer this fund. Moneys in the fund, upon…
- § 11045 (a) (1) Whenever a state agency requests the consent of the Attorney General to contract with outside counsel, as required by Sections 11040 and 11042, the…
ARTICLE 5. Advertisements §§ 11080–11081 · 2 sections
- § 11080 Whenever any state agency is required or authorized by law to prepare and cause the publishing of any notice, advertisement or publication in any newspaper or…
- § 11081 After approval of the notice, advertisement or publication, the Department of General Services shall cause it to be published in the newspapers or other medium…
ARTICLE 6. Reports and Records §§ 11090–11093.7 · 8 sections
- § 11090 On order of the Governor the head of each State agency shall make a report to the Governor giving an account of all matters pertaining to the agency covering…
- § 11091 The head of each state agency shall make a written report of its activities to the Governor at least biennially, a copy of which shall be filed with the…
- § 11092 Each state agency and department shall, in the maintenance of any statistical tabulation of minority groups, commence the categorization of Filipinos as…
- § 11092.5 Each state agency and department shall, in the maintenance of statistical tabulation of minority groups, commence the categorization of Pacific Islanders as…
- § 11093 (a) (1) Any state agency or department that develops and maintains data and statistics on the municipal level, shall, in the preparation and maintenance of any…
- § 11093.4 (a) (1) The State Board of Equalization, Employment Development Department, Department of Industrial Relations, Department of Finance, and the Department of…
- § 11093.5 (a) (1) The Employment Development Department shall, in the preparation and maintenance of any statistical analyses and data, by city, either by population,…
- § 11093.7 Each state agency or department authorized to undertake any infrastructure project costing one hundred million dollars ($100,000,000) or more shall publicly…
ARTICLE 6.5. Distribution of State Publications §§ 11094–11099 · 5 sections
- § 11094 (a) It is the intent of the Legislature, in enacting this article, to reduce the excessive flow of unsolicited state agency reports which, after being written,…
- § 11096 (a) No state agency shall distribute a state publication, as defined in Section 14902, except in response to a specific request therefor, or to the subjects of…
- § 11097 Beginning with the 1984–85 fiscal year, each state agency shall include in its budget request a listing of state publications, as defined in Section 14902,…
- § 11098 Notwithstanding any other provision of law, when funding for any legislatively mandated publication is discontinued in the Budget Act, the statutory mandate…
- § 11099 Each state agency that publishes or distributes a state publication, as defined in Section 14902, shall file a copy of the publication with the Joint Committee…
ARTICLE 7. Signatures §§ 11100–11104.5 · 4 sections
- § 11100 The Controller or other State disbursing officer may secure and use a facsimile signature machine and sign or countersign all warrants or checks issued in…
- § 11101 The Controller and any other state disbursing officer using that machine may secure forgery insurance protecting himself or herself and all funds under his or…
- § 11102 The premiums on forgery insurance are a proper charge against appropriations for the support or maintenance of the officer using the machine or the State…
- § 11104.5 (a) Notwithstanding any other provision of law, any requirement that a state agency send material, information, notices, correspondence, or other communication…
ARTICLE 8. Bonds of Licensees and Permittees §§ 11110–11113 · 4 sections
- § 11110 The form of all bonds of licensees, permittees, and all persons other than public officers and employees, furnishing bonds to a State department, office,…
- § 11111 The Attorney General may from time to time modify or revoke approvals so given.
- § 11112 The approval, modification, or revocation of the Attorney General shall be by regulation filed with the Secretary of State pursuant to Section 11380.
- § 11113 The Attorney General may consult with private persons, groups, and associations as to bond forms to be approved, modified, or revoked.
ARTICLE 9. Meetings §§ 11120–11132 · 42 sections
- § 11120 It is the public policy of this state that public agencies exist to aid in the conduct of the people’s business and the proceedings of public agencies be…
- § 11121 As used in this article, “state body” means each of the following: (a) Every state board, or commission, or similar multimember body of the state that is…
- § 11121.1 As used in this article, “state body” does not include any of the following: (a) Except as provided in subdivision (e) of Section 11121, state agencies…
- § 11121.9 Each state body shall provide a copy of this article to each member of the state body upon his or her appointment to membership or assumption of office.
- § 11121.95 Any person appointed or elected to serve as a member of a state body who has not yet assumed the duties of office shall conform his or her conduct to the…
- § 11122 As used in this article “action taken” means a collective decision made by the members of a state body, a collective commitment or promise by the members of…
- § 11122.5 (a) As used in this article, “meeting” includes any congregation of a majority of the members of a state body at the same time and place to hear, discuss, or…
- § 11123 (a) All meetings of a state body shall be open and public and all persons shall be permitted to attend any meeting of a state body except as otherwise provided…
- § 11123.1 All meetings of a state body that are open and public shall meet the protections and prohibitions contained in Section 202 of the Americans with Disabilities…
- § 11123.2 (a) For purposes of this section, the following definitions apply: (1) “Teleconference” means a meeting of a state body, the members of which are at different…
- § 11123.5 (a) For purposes of this section, the following definitions apply: (1) “Participate remotely” means participation in a meeting at a location other than the…
- § 11124 (a) No person shall be required, as a condition to attendance at a meeting of a state body, to register their name, to provide other information, to complete a…
- § 11124.1 (a) Any person attending an open and public meeting of the state body shall have the right to record the proceedings with an audio or video recorder or a still…
- § 11125 (a) The state body shall provide notice of its meeting to any person who requests that notice in writing. Notice shall be given and also made available on the…
- § 11125.1 (a) Notwithstanding Section 7922.000 or any other provisions of law, agendas of public meetings and other writings, when distributed to all, or a majority of…
- § 11125.2 Any state body shall report publicly at a subsequent public meeting any action taken, and any rollcall vote thereon, to appoint, employ, or dismiss a public…
- § 11125.3 (a) Notwithstanding Section 11125, a state body may take action on items of business not appearing on the posted agenda under any of the conditions stated…
- § 11125.4 (a) A special meeting may be called at any time by the presiding officer of the state body or by a majority of the members of the state body. A special meeting…
- § 11125.5 (a) In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public…
- § 11125.6 (a) An emergency meeting may be called at any time by the president of the Fish and Game Commission or by a majority of the members of the commission to…
- § 11125.7 (a) Except as otherwise provided in this section, the state body shall provide an opportunity for members of the public to directly address the state body on…
- § 11125.8 (a) Notwithstanding Section 11131.5, in any hearing that the California Victim Compensation Board conducts pursuant to Section 13963.1 and that the applicant…
- § 11125.9 Regional water quality control boards shall comply with the notification guidelines in Section 11125 and, in addition, shall do both of the following: (a)…
- § 11126 (a) (1) Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the…
- § 11126.1 The state body shall designate a clerk or other officer or employee of the state body, who shall then attend each closed session of the state body and keep and…
- § 11126.2 (a) Nothing in this article shall be construed to prohibit a state body that has received a confidential final draft audit report from the Bureau of State…
- § 11126.3 (a) Prior to holding any closed session, the state body shall disclose, in an open meeting, the general nature of the item or items to be discussed in the…
- § 11126.4 (a) Nothing in this article shall be construed to prevent the California Gambling Control Commission from holding a closed session when discussing matters…
- § 11126.4.5 (a) This article does not prohibit the Tribal Nation Grant Panel from holding a closed session when discussing matters involving information relating to the…
- § 11126.5 In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order…
- § 11126.7 No fees may be charged by a state body for providing a notice required by Section 11125 or for carrying out any provision of this article, except as…
- § 11127 Each provision of this article shall apply to every state body unless the body is specifically excepted from that provision by law or is covered by any other…
- § 11128 Each closed session of a state body shall be held only during a regular or special meeting of the body.
- § 11128.5 The state body may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the order of adjournment.…
- § 11129 Any hearing being held, or noticed or ordered to be held by a state body at any meeting may by order or notice of continuance be continued or recontinued to…
- § 11130 (a) The Attorney General, the district attorney, or any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose…
- § 11130.3 (a) Any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose of obtaining a judicial determination that an…
- § 11130.5 A court may award court costs and reasonable attorney’s fees to the plaintiff in an action brought pursuant to Section 11130 or 11130.3 where it is found that…
- § 11130.7 Each member of a state body who attends a meeting of that body in violation of any provision of this article, and where the member intends to deprive the…
- § 11131 No state agency shall conduct any meeting, conference, or other function in any facility that prohibits the admittance of any person, or persons, on the basis…
- § 11131.5 No notice, agenda, announcement, or report required under this article need identify any victim or alleged victim of crime, tortious sexual conduct, or child…
- § 11132 Except as expressly authorized by this article, no closed session may be held by any state body.
ARTICLE 9.5. Discrimination §§ 11135–11139 · 4 sections
- § 11135 (a) No person in the State of California shall, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental…
- § 11136 Whenever a state agency that administers a program or activity that is funded directly by the state or receives any financial assistance from the state has…
- § 11137 If it is determined that a contractor, grantee, or local agency has violated the provisions of this article, pursuant to the process described in Section…
- § 11139 The prohibitions and sanctions imposed by this article are in addition to any other prohibitions and sanctions imposed by law. This article shall not be…
ARTICLE 10. State Boards and Commissions §§ 11140–11141 · 2 sections
- § 11140 It is the policy of the State of California that the composition of state boards and commissions shall be broadly reflective of the general public including…
- § 11141 In making appointments to state boards and commissions, the Governor and every other appointing authority shall be responsible for nominating a variety of…
ARTICLE 11. Fines and Imprisonment § 11145 · 1 section
- § 11145 No state agency shall adopt or enforce any rule or regulation a violation of which can result in the imposition of a fine or imprisonment, or both, unless a…
ARTICLE 12. State Agency Ethics Training §§ 11146–11146.4 · 5 sections
- § 11146 For purposes of this article, the following terms have the following meanings: (a) “State agency” has the same meaning as set forth in Section 82049, but does…
- § 11146.1 Each state agency shall offer at least semiannually to each of its filers an orientation course on the relevant ethics statutes and regulations that govern the…
- § 11146.2 Each state agency shall maintain records indicating the specific attendees, each attendee’s job title, and dates of their attendance for each orientation…
- § 11146.3 Except as set forth in Section 11146.4, each filer shall attend the orientation course required in Section 11146.1, as follows: (a) For a filer who holds a…
- § 11146.4 (a) The requirements of Section 11146.3 shall not apply to filers with a state agency who have taken an equivalent ethics orientation course through another…
ARTICLE 14. Small Business Liaisons §§ 11148–11148.5 · 2 sections
- § 11148 (a) It is the intent of the Legislature in enacting this article to assist small businesses in this state in complying with regulatory standards designed to…
- § 11148.5 (a) A state agency that significantly regulates small business or that significantly impacts small business shall designate at least one person who shall serve…
CHAPTER 2. State Departments §§ 11150–11201 · 31 sections
ARTICLE 1. General §§ 11150–11162 · 14 sections
- § 11150 It is the policy of this State to vest in the Governor the civil administration of the laws of the State and for the purpose of aiding the Governor in the…
- § 11151 Each department shall maintain an office and the director of each department who is a member of the Governor’s council shall reside at Sacramento. Each…
- § 11152 Subject to the approval of the Governor, the head of each department may arrange and classify the work of the department and consolidate, abolish, or create…
- § 11152.5 Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such…
- § 11153 Except as otherwise provided by law, each division of a department shall be in charge of a chief who shall be appointed by the head of the department and…
- § 11154 Except as otherwise provided by law, the head of each department may, with the approval of the Governor, appoint such officers and employees as are necessary;…
- § 11155 The head of a department has no authority to obligate the State for salaries in excess of money available by law for that purpose.
- § 11156 In addition to any bonds required by the Director of General Services the head of each department may require any officer or employee in his department to…
- § 11157 The Attorney General is the legal adviser of each department in all matters relating to the department and to the powers and duties of its officers. Upon…
- § 11158 The sheriffs in the several counties shall execute all lawful orders of a department in their counties.
- § 11159 Whenever a department succeeds to and is vested with the duties, powers, purposes, responsibilities and jurisdiction of a State agency, deputy, employee, or…
- § 11160 Whenever a department is invested with the power and is charged with the duty of administering and enforcing any law which imposes a duty or jurisdiction or…
- § 11161 Every person is subject to the same obligations and duties, and has the same rights as if the rights, powers and duties imposed upon and transferred to a…
- § 11162 Every State officer, deputy and employee is subject to the same penalties, civil or criminal, for any offense as are prescribed by existing law for the same…
ARTICLE 2. Investigations and Hearings §§ 11180–11191 · 13 sections
- § 11180 The head of each department may make investigations and prosecute actions concerning: (a) All matters relating to the business activities and subjects under…
- § 11180.5 At the request of a prosecuting attorney or the Attorney General, any agency, bureau, or department of this state, any other state, or the United States may…
- § 11181 In connection with any investigation or action authorized by this article, the department head may do any of the following: (a) Inspect and copy books,…
- § 11182 The head of a department may delegate the powers conferred upon him by this article to any officer of the department he authorizes to conduct the investigation…
- § 11183 Except in a report to the head of the department or when called upon to testify in any court or proceeding at law or as provided in Section 11180.5 or…
- § 11184 (a) In any hearing in any part of the state or in any investigation conducted under this article, the head of the department shall issue process and subpoenas…
- § 11185 (a) If the witness named in the subpoena is a natural person, the person is not obliged to attend as a witness in any matter under this article at a place out…
- § 11186 The superior court in the county in which any hearing is held or any investigation is conducted under the direction of the head of a department or the county…
- § 11187 (a) Except as provided in subdivision (c), if any witness refuses to answer any interrogatory or to attend or testify or produce or permit the inspection or…
- § 11188 Upon the filing of the petition the court shall enter an order directing the person to appear before the court at a specified time and place and then and there…
- § 11189 In any matter pending before a department head, the department head may cause the deposition of persons residing within or without the state to be taken by…
- § 11190 Any party to any departmental hearing has the right to the attendance of witnesses in his behalf at the hearing or upon deposition upon making request therefor…
- § 11191 Each witness, other than an officer or employee of the State or of a political subdivision of the State, who appears by order of the head of a department shall…
ARTICLE 3. Staff §§ 11200–11201 · 4 sections
- § 11200 The Governor, upon recommendation of the director of the following state departments, may appoint not to exceed two chief deputies for the Directors of the…
- § 11200.1 The Governor, upon nomination by the Insurance Commissioner, shall appoint the nominees as one chief deputy, and as one deputy director of the Department of…
- § 11200.4 The Governor, upon recommendation of the Director of the Department of Industrial Relations may appoint not to exceed one chief deputy for the Director of the…
- § 11201 Each deputy appointed pursuant to Section 11200 shall serve at the pleasure of the director of the department in which he is appointed, and his salary shall be…
CHAPTER 3. Interagency Services and Transactions §§ 11250–11335 · 29 sections
ARTICLE 1. General §§ 11250–11263 · 13 sections
- § 11250 Whenever a State agency supported from the General Fund renders services or furnishes materials to a State agency not supported from the General Fund, the cost…
- § 11251 The Controller, after consulting with the Department of Finance, may approve any general plan whereby any state agency which is within a department and which…
- § 11252 Such adjustments shall be made in accordance with the approved plan by filing a financial statement with the Controller, and requesting the Controller to make…
- § 11253 Upon written request approved by the Department of General Services, a department shall furnish to another department such assistance as it is able to render…
- § 11255 The Controller may establish procedures whereby some or all of the payments between funds and appropriations within a state agency and between funds and…
- § 11256 Subject to approval of the Director of General Services, state agencies may furnish services, materials or equipment to, or perform work for, other state…
- § 11257 State agencies may provide for the advancing of funds as herein provided to defray the charges mentioned in Section 11256. Any state agency may, and upon order…
- § 11258 Any state agency which normally, as a part of its regular operating functions, is engaged in the business of performing work for, or furnishing services,…
- § 11259 All money received by any state agency, other than the Regents of the University of California, for charges for work, services, materials or equipment shall be…
- § 11260 After work is performed, services are rendered, or materials or equipment are furnished pursuant to advances or transfers made under Sections 11257 and 11258,…
- § 11261 Amounts advanced or transferred in accordance with Sections 11257 and 11258 shall be available for expenditure for the same period and purpose as the…
- § 11262 Whenever any payment heretofore or hereafter made by a state agency for work, services, materials or equipment performed or furnished under this article or any…
- § 11263 As used in this article, “state agency” or “state agencies” includes the Department of General Services and any and all organizational units, parts, and…
ARTICLE 2. General Administrative Costs §§ 11270–11275 · 6 sections
- § 11270 As used in this article, “administrative costs” means the amounts expended by the Legislature, the Legislative Counsel Bureau, the Governor’s Office, the…
- § 11270.1 (a) The Central Service Cost Recovery Fund is hereby created in the State Treasury. The Central Service Cost Recovery Fund shall consist of those amounts…
- § 11271 The Department of Finance shall determine, and may at any time redetermine, which funds, other than the General Fund and the Central Service Cost Recovery…
- § 11272 (a) In determining or redetermining the fair share, the Department of Finance may consider the factors of cost distribution and cost estimation as it deems…
- § 11274 Notwithstanding any other law, the Department of Finance may allocate and charge a fair share of the administrative costs to all funds directly. The Department…
- § 11275 In the event a fund has an insufficient fund balance for the payment of the administrative costs, the Controller shall request that the Department of Finance…
ARTICLE 3. Special Costs §§ 11290–11293 · 4 sections
- § 11290 The Department of General Services may fix the cost or pro rata share, or in its discretion an amount it considers equivalent to the cost or pro rata share,…
- § 11291 If a state agency refuses to pay the charges fixed by the Department of General Services pursuant to this article, the department may file a claim for such…
- § 11292 All money received pursuant to paragraphs (a) and (d) of Section 11290, except as provided in Section 11293, shall be accounted for to the Controller at the…
- § 11293 All money received by the Department of General Services pursuant to paragraph (b) of Section 11290 shall be deposited in the Service Revolving Fund.
ARTICLE 5. Sale or Exchange of Products §§ 11330–11335 · 6 sections
- § 11330 Every state agency having the control of any public institution owned or controlled by the state shall notify the Department of General Services of any…
- § 11331 Upon receipt of such notices, the Department of General Services shall estimate the selling price of the products upon the basis of their reasonable value and…
- § 11332 No public institution owned or controlled by the state shall purchase any product from any source other than a public institution owned or controlled by the…
- § 11333 If it is impossible or impracticable to sell or exchange agricultural or livestock products between public institutions owned or controlled by the State and…
- § 11334 All money received by a state agency for the sale of products shall be accounted for and reported at the end of each month to the Controller and at the same…
- § 11335 This article does not limit or prevent sales pursuant to any other law relating to the sale of personal property belonging to the State.
CHAPTER 3.5. Administrative Regulations and Rulemaking §§ 11340–11361 · 84 sections
ARTICLE 1. General §§ 11340–11342.4 · 14 sections
- § 11340 The Legislature finds and declares as follows: (a) There has been an unprecedented growth in the number of administrative regulations in recent years. (b) The…
- § 11340.1 (a) The Legislature therefore declares that it is in the public interest to establish an Office of Administrative Law which shall be charged with the orderly…
- § 11340.2 (a) The Office of Administrative Law is hereby established in state government in the Government Operations Agency. The office shall be under the direction and…
- § 11340.3 The director may employ and fix the compensation, in accordance with law, of such professional assistants and clerical and other employees as is deemed…
- § 11340.4 (a) The office is authorized and directed to do the following: (1) Study the subject of administrative rulemaking in all its aspects. (2) In the interest of…
- § 11340.5 (a) No state agency shall issue, utilize, enforce, or attempt to enforce any guideline, criterion, bulletin, manual, instruction, order, standard of general…
- § 11340.6 Except where the right to petition for adoption of a regulation is restricted by statute to a designated group or where the form of procedure for such a…
- § 11340.7 (a) Upon receipt of a petition requesting the adoption, amendment, or repeal of a regulation pursuant to Article 5 (commencing with Section 11346), a state…
- § 11340.85 (a) As used in this section, “electronic communication” includes electronic transmission of written or graphical material by electronic mail, facsimile, or…
- § 11340.9 This chapter does not apply to any of the following: (a) An agency in the judicial or legislative branch of the state government. (b) A legal ruling of counsel…
- § 11341 (a) The office shall establish a system to give a unique identification number to each regulatory action. (b) The office and the state agency taking the…
- § 11342.1 Except as provided in Section 11342.4, nothing in this chapter confers authority upon or augments the authority of any state agency to adopt, administer, or…
- § 11342.2 Whenever by the express or implied terms of any statute a state agency has authority to adopt regulations to implement, interpret, make specific or otherwise…
- § 11342.4 The office shall adopt, amend, or repeal regulations for the purpose of carrying out the provisions of this chapter.
ARTICLE 2. Definitions §§ 11342.510–11342.610 · 15 sections
- § 11342.510 Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 11342.520 “Agency” means state agency.
- § 11342.530 “Building standard” has the same meaning provided in Section 18909 of the Health and Safety Code.
- § 11342.535 “Cost impact” means the amount of reasonable range of direct costs, or a description of the type and extent of direct costs, that a representative private…
- § 11342.540 “Director” means the director of the office.
- § 11342.545 “Emergency” means a situation that calls for immediate action to avoid serious harm to the public peace, health, safety, or general welfare.
- § 11342.548 “Major regulation” means any proposed adoption, amendment, or repeal of a regulation subject to review by the Office of Administrative Law pursuant to Article…
- § 11342.550 “Office” means the Office of Administrative Law.
- § 11342.560 “Order of repeal” means any resolution, order, or other official act of a state agency that expressly repeals a regulation in whole or in part.
- § 11342.570 “Performance standard” means a regulation that describes an objective with the criteria stated for achieving the objective.
- § 11342.580 “Plain English” means language that satisfies the standard of clarity provided in Section 11349.
- § 11342.590 “Prescriptive standard” means a regulation that specifies the sole means of compliance with a performance standard by specific actions, measurements, or other…
- § 11342.595 “Proposed action” means the regulatory action, notice of which is submitted to the office for publication in the California Regulatory Notice Register.
- § 11342.600 “Regulation” means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order,…
- § 11342.610 (a) “Small business” means a business activity in agriculture, general construction, special trade construction, retail trade, wholesale trade, services,…
ARTICLE 3. Filing and Publication §§ 11343–11343.8 · 8 sections
- § 11343 Every state agency shall: (a) Transmit to the office for filing with the Secretary of State a certified copy of every regulation adopted or amended by it…
- § 11343.1 (a) All regulations transmitted to the Office of Administrative Law for filing with the Secretary of State shall conform to the style prescribed by the office.…
- § 11343.2 The Secretary of State shall endorse on the certified copy of each regulation or order of repeal filed with or delivered to him or her, the time and date of…
- § 11343.3 Notwithstanding any other law, a state agency that is required to promulgate administrative regulations, including, but not limited to, the State Air Resources…
- § 11343.4 (a) Except as otherwise provided in subdivision (b), a regulation or an order of repeal required to be filed with the Secretary of State shall become effective…
- § 11343.5 Within 10 days from the receipt of printed copies of the California Code of Regulations or of the California Code of Regulations Supplement from the State…
- § 11343.6 The filing of a certified copy of a regulation or an order of repeal with the Secretary of State raises the rebuttable presumptions that: (a) It was duly…
- § 11343.8 Upon the request of a state agency, the office may file with the Secretary of State and the office may publish in such manner as it believes proper, any…
ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register §§ 11344–11345 · 9 sections
- § 11344 The office shall do all of the following: (a) Provide for the official compilation, printing, and publication of adoption, amendment, or repeal of regulations,…
- § 11344.1 The office shall do all of the following: (a) Provide for the publication of the California Regulatory Notice Register, which shall be an official publication…
- § 11344.2 The office shall supply a complete set of the California Code of Regulations, and of the California Code of Regulations Supplement to the county clerk of any…
- § 11344.3 Every document, other than a notice of proposed rulemaking action, required to be published in the California Regulatory Notice Register by this chapter, shall…
- § 11344.4 (a) The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register shall be sold at prices…
- § 11344.6 The publication of a regulation in the California Code of Regulations or California Code of Regulations Supplement raises a rebuttable presumption that the…
- § 11344.7 Nothing in this chapter precludes any person or state agency from purchasing copies of the California Code of Regulations, the California Code of Regulations…
- § 11344.9 (a) Whenever the term “California Administrative Code” appears in law, official legal paper, or legal publication, it means the “California Code of…
- § 11345 The office is not required to develop a unique identification number system for each regulatory action pursuant to Section 11341 or to make the California…
ARTICLE 5. Public Participation: Procedure for Adoption of Regulations §§ 11346–11348 · 16 sections
- § 11346 (a) It is the purpose of this chapter to establish basic minimum procedural requirements for the adoption, amendment, or repeal of administrative regulations.…
- § 11346.1 (a) (1) The adoption, amendment, or repeal of an emergency regulation is not subject to any provision of this article or Article 6 (commencing with Section…
- § 11346.2 Every agency subject to this chapter shall prepare, submit to the office with the notice of the proposed action as described in Section 11346.5, and make…
- § 11346.3 (a) A state agency proposing to adopt, amend, or repeal any administrative regulation shall assess the potential for adverse economic impact on California…
- § 11346.36 (a) Prior to November 1, 2013, the Department of Finance, in consultation with the office and other state agencies, shall adopt regulations for conducting the…
- § 11346.4 (a) At least 45 days prior to the hearing and close of the public comment period on the adoption, amendment, or repeal of a regulation, notice of the proposed…
- § 11346.45 (a) In order to increase public participation and improve the quality of regulations, state agencies proposing to adopt regulations shall, prior to publication…
- § 11346.5 (a) The notice of proposed adoption, amendment, or repeal of a regulation shall include the following: (1) A statement of the time, place, and nature of…
- § 11346.6 (a) This section shall only apply to the following proposed regulations: (1) Regulations proposed by the Department of Rehabilitation. (2) Regulations that…
- § 11346.7 The office shall maintain a link on its website to the website maintained by the Small Business Advocate that also includes the telephone number of the Small…
- § 11346.8 (a) If a public hearing is held, both oral and written statements, arguments, or contentions, shall be permitted. The agency may impose reasonable limitations…
- § 11346.9 Every agency subject to this chapter shall do the following: (a) Prepare and submit to the office with the adopted regulation a final statement of reasons that…
- § 11347 (a) If, after publication of a notice of proposed action pursuant to Section 11346.4, but before the notice of proposed action becomes ineffective pursuant to… see note
- § 11347.1 (a) An agency that adds any technical, theoretical, or empirical study, report, or similar document to the rulemaking file after publication of the notice of…
- § 11347.3 (a) Every agency shall maintain a file of each rulemaking that shall be deemed to be the record for that rulemaking proceeding. Commencing no later than the…
- § 11348 Each agency subject to this chapter shall keep its rulemaking records on all of that agency’s pending rulemaking actions, in which the notice has been…
ARTICLE 6. Review of Proposed Regulations §§ 11349–11349.6 · 8 sections
- § 11349 The following definitions govern the interpretation of this chapter: (a) “Necessity” means the record of the rulemaking proceeding demonstrates by substantial…
- § 11349.1 (a) The office shall review all regulations adopted, amended, or repealed pursuant to the procedure specified in Article 5 (commencing with Section 11346) and…
- § 11349.1.5 (a) The Department of Finance and the office shall, from time to time, review the standardized regulatory impact analyses required by subdivision (c) of…
- § 11349.2 An agency may add material to a rulemaking file that has been submitted to the office for review pursuant to this article if addition of the material does not…
- § 11349.3 (a) The office shall either approve a regulation submitted to it for review and transmit it to the Secretary of State for filing or disapprove it within 30…
- § 11349.4 (a) A regulation returned to an agency because of failure to meet the standards of Section 11349.1, because of an agency’s failure to comply with this chapter…
- § 11349.5 (a) To initiate a review of a decision by the office, the agency shall file a written Request for Review with the Governor’s Legal Affairs Secretary within 10…
- § 11349.6 (a) If the adopting agency has complied with Sections 11346.2 to 11347.3, inclusive, prior to the adoption of the regulation as an emergency, the office shall…
ARTICLE 7. Review of Existing Regulations §§ 11349.7–11349.9 · 3 sections
- § 11349.7 The office, at the request of any standing, select, or joint committee of the Legislature, shall initiate a priority review of any regulation, group of…
- § 11349.8 (a) If the office is notified of, or on its own becomes aware of, an existing regulation in the California Code of Regulations for which the statutory…
- § 11349.9 (a) To initiate a review of the office’s Notice of Repeal pursuant to Section 11349.8, the agency shall appeal the office’s decision by filing a written…
ARTICLE 8. Judicial Review §§ 11350–11350.3 · 2 sections
- § 11350 (a) Any interested person may obtain a judicial declaration as to the validity of any regulation or order of repeal by bringing an action for declaratory…
- § 11350.3 Any interested person may obtain a judicial declaration as to the validity of a regulation or order of repeal which the office has disapproved pursuant to…
ARTICLE 9. Special Procedures §§ 11351–11361 · 9 sections
- § 11351 (a) Except as provided in subdivision (b), Article 5 (commencing with Section 11346), Article 6 (commencing with Section 11349), Article 7 (commencing with…
- § 11352 The following actions are not subject to this chapter: (a) The issuance, denial, or waiver of any water quality certification as authorized under Section 13160…
- § 11353 (a) Except as provided in subdivision (b), this chapter does not apply to the adoption or revision of state policy for water quality control and the adoption…
- § 11354 Sections 11352 and 11353 do not affect any court’s determination, relating to the applicability of this chapter to any provision of a policy, plan, or…
- § 11354.1 (a) For purposes of this section, “commission” means the San Francisco Bay Conservation and Development Commission. (b) This chapter does not apply to any…
- § 11356 (a) Article 6 (commencing with Section 11349) is not applicable to a building standard. (b) Article 5 (commencing with Section 11346) is applicable to those…
- § 11357 (a) The Department of Finance shall adopt and update, as necessary, instructions for inclusion in the State Administrative Manual prescribing the methods that…
- § 11359 (a) Except as provided in subdivision (b), on and after January 1, 1982, no new regulation, or the amendment or repeal of any regulation, which regulation is…
- § 11361 This chapter does not apply to the adoption or revision of regulations, guidelines, or criteria to implement the Safe Neighborhood Parks, Clean Water, Clean…
CHAPTER 4. Office of Administrative Hearings §§ 11370–11380 · 11 sections
ARTICLE 1. General Provisions §§ 11370–11370.5 · 6 sections
- § 11370 Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing…
- § 11370.1 As used in the Administrative Procedure Act “director” means the executive officer of the Office of Administrative Hearings.
- § 11370.2 (a) There is in the Department of General Services the Office of Administrative Hearings which is under the direction and control of an executive officer who…
- § 11370.3 The director shall appoint and maintain a staff of full-time, and may appoint pro tempore part-time, administrative law judges qualified under Section 11502…
- § 11370.4 The total cost to the state of maintaining and operating the Office of Administrative Hearings shall be determined by, and collected by the Department of…
- § 11370.5 (a) The office is authorized and directed to study the subject of administrative adjudication in all its aspects; to submit its suggestions to the various…
ARTICLE 2. Medical Quality Hearing Panel §§ 11371–11373.3 · 4 sections
- § 11371 (a) There is within the Office of Administrative Hearings a Medical Quality Hearing Panel, consisting of no fewer than five full-time administrative law…
- § 11372 (a) Except as provided in subdivision (b), all adjudicative hearings and proceedings relating to the discipline or reinstatement of licensees of the Medical…
- § 11373 All adjudicative hearings and proceedings conducted by an administrative law judge as designated in Section 11371 shall be conducted under the terms and…
- § 11373.3 The Office of Administrative Hearings shall provide facilities and support personnel for the review committee panel and shall assess the Medical Board of…
ARTICLE 3. State Agency Reports and Forms Appeals § 11380 · 1 section
- § 11380 (a) (1) The office shall hear and render a decision on any appeal filed by a business, pursuant to subdivision (c) of Section 14775, in the event the business…
CHAPTER 4.5. Administrative Adjudication: General Provisions §§ 11400–11475.70 · 103 sections
ARTICLE 1. Preliminary Provisions §§ 11400–11400.20 · 3 sections
- § 11400 (a) This chapter and Chapter 5 (commencing with Section 11500) constitute the administrative adjudication provisions of the Administrative Procedure Act. (b) A…
- § 11400.10 (a) This chapter is operative on July 1, 1997. (b) This chapter is applicable to an adjudicative proceeding commenced on or after July 1, 1997. (c) This…
- § 11400.20 (a) Before, on, or after July 1, 1997, an agency may adopt interim or permanent regulations to govern an adjudicative proceeding under this chapter or Chapter…
ARTICLE 2. Definitions §§ 11405.10–11405.80 · 8 sections
- § 11405.10 Unless the provision or context requires otherwise, the definitions in this article govern the construction of this chapter.
- § 11405.20 “Adjudicative proceeding” means an evidentiary hearing for determination of facts pursuant to which an agency formulates and issues a decision.
- § 11405.30 “Agency” means a board, bureau, commission, department, division, office, officer, or other administrative unit, including the agency head, and one or more…
- § 11405.40 “Agency head” means a person or body in which the ultimate legal authority of an agency is vested, and includes a person or body to which the power to act is…
- § 11405.50 (a) “Decision” means an agency action of specific application that determines a legal right, duty, privilege, immunity, or other legal interest of a particular…
- § 11405.60 “Party” includes the agency that is taking action, the person to which the agency action is directed, and any other person named as a party or allowed to…
- § 11405.70 “Person” includes an individual, partnership, corporation, governmental subdivision or unit of a governmental subdivision, or public or private organization or…
- § 11405.80 “Presiding officer” means the agency head, member of the agency head, administrative law judge, hearing officer, or other person who presides in an…
ARTICLE 3. Application of Chapter §§ 11410.10–11410.60 · 6 sections
- § 11410.10 This chapter applies to a decision by an agency if, under the federal or state Constitution or a federal or state statute, an evidentiary hearing for…
- § 11410.20 Except as otherwise expressly provided by statute: (a) This chapter applies to all agencies of the state. (b) This chapter does not apply to the Legislature,…
- § 11410.30 (a) As used in this section, “local agency” means a county, city, district, public authority, public agency, or other political subdivision or public…
- § 11410.40 Notwithstanding any other provision of this article, by regulation, ordinance, or other appropriate action, an agency may adopt this chapter or any of its…
- § 11410.50 This chapter applies to an adjudicative proceeding required to be conducted under Chapter 5 (commencing with Section 11500) unless the statutes relating to the…
- § 11410.60 (a) As used in this section, “quasi-public entity” means an entity, other than a governmental agency, whether characterized by statute as a public corporation,…
ARTICLE 4. Governing Procedure §§ 11415.10–11415.60 · 6 sections
- § 11415.10 (a) The governing procedure by which an agency conducts an adjudicative proceeding is determined by the statutes and regulations applicable to that proceeding.…
- § 11415.20 A state statute or a federal statute or regulation applicable to a particular agency or decision prevails over a conflicting or inconsistent provision of this…
- § 11415.30 (a) To the extent necessary to avoid a loss or delay of funds or services from the federal government that would otherwise be available to the state, the…
- § 11415.40 Except to the extent prohibited by another statute or regulation, a person may waive a right conferred on the person by the administrative adjudication…
- § 11415.50 (a) An agency may provide any appropriate procedure for a decision for which an adjudicative proceeding is not required. (b) An adjudicative proceeding is not…
- § 11415.60 (a) An agency may formulate and issue a decision by settlement, pursuant to an agreement of the parties, without conducting an adjudicative proceeding. Subject…
ARTICLE 5. Alternative Dispute Resolution §§ 11420.10–11420.30 · 3 sections
- § 11420.10 (a) An agency, with the consent of all the parties, may refer a dispute that is the subject of an adjudicative proceeding for resolution by any of the…
- § 11420.20 (a) The Office of Administrative Hearings shall adopt and promulgate model regulations for alternative dispute resolution under this article. The model…
- § 11420.30 Notwithstanding any other provision of law, a communication made in alternative dispute resolution under this article is protected to the following extent: (a)…
ARTICLE 6. Administrative Adjudication Bill of Rights §§ 11425.10–11425.60 · 6 sections
- § 11425.10 (a) The governing procedure by which an agency conducts an adjudicative proceeding is subject to all of the following requirements: (1) The agency shall give…
- § 11425.20 (a) A hearing shall be open to public observation. This subdivision shall not limit the authority of the presiding officer to order closure of a hearing or…
- § 11425.30 (a) A person may not serve as presiding officer in an adjudicative proceeding in any of the following circumstances: (1) The person has served as investigator,…
- § 11425.40 (a) The presiding officer is subject to disqualification for bias, prejudice, or interest in the proceeding. (b) It is not alone or in itself grounds for…
- § 11425.50 (a) The decision shall be in writing and shall include a statement of the factual and legal basis for the decision. (b) The statement of the factual basis for…
- § 11425.60 (a) A decision may not be expressly relied on as precedent unless it is designated as a precedent decision by the agency. (b) An agency may designate as a…
ARTICLE 7. Ex Parte Communications §§ 11430.10–11430.80 · 8 sections
- § 11430.10 (a) While the proceeding is pending there shall be no communication, direct or indirect, regarding any issue in the proceeding, to the presiding officer from…
- § 11430.20 A communication otherwise prohibited by Section 11430.10 is permissible in any of the following circumstances: (a) The communication is required for…
- § 11430.30 A communication otherwise prohibited by Section 11430.10 from an employee or representative of an agency that is a party to the presiding officer is…
- § 11430.40 If, while the proceeding is pending but before serving as presiding officer, a person receives a communication of a type that would be in violation of this…
- § 11430.50 (a) If a presiding officer receives a communication in violation of this article, the presiding officer shall make all of the following a part of the record in…
- § 11430.60 Receipt by the presiding officer of a communication in violation of this article may be grounds for disqualification of the presiding officer. If the presiding…
- § 11430.70 (a) Subject to subdivisions (b) and (c), the provisions of this article governing ex parte communications to the presiding officer also govern ex parte…
- § 11430.80 (a) There shall be no communication, direct or indirect, while a proceeding is pending regarding the merits of any issue in the proceeding, between the…
ARTICLE 8. Language Assistance §§ 11435.05–11435.65 · 13 sections
- § 11435.05 As used in this article, “language assistance” means oral interpretation or written translation into English of a language other than English or of English…
- § 11435.10 Nothing in this article limits the application or effect of Section 754 of the Evidence Code to interpretation for a deaf or hard-of-hearing party or witness…
- § 11435.15 (a) The following state agencies shall provide language assistance in adjudicative proceedings to the extent provided in this article: (1) Agricultural Labor…
- § 11435.20 (a) The hearing, or any medical examination conducted for the purpose of determining compensation or monetary award, shall be conducted in English. (b) If a…
- § 11435.25 (a) The cost of providing an interpreter under this article shall be paid by the agency having jurisdiction over the matter if the presiding officer so…
- § 11435.30 (a) The State Personnel Board shall establish, maintain, administer, and publish annually an updated list of certified administrative hearing interpreters it…
- § 11435.35 (a) The State Personnel Board shall establish, maintain, administer, and publish annually, an updated list of certified medical examination interpreters it has…
- § 11435.40 (a) The Department of Human Resources shall designate the languages for which certification shall be established under Sections 11435.30 and 11435.35. The…
- § 11435.45 (a) The Department of Human Resources shall establish and charge fees for applications to take interpreter examinations and for renewal of certifications. The…
- § 11435.50 The Department of Human Resources may remove the name of a person from the list of certified interpreters if any of the following conditions occurs: (a) The…
- § 11435.55 (a) An interpreter used in a hearing shall be certified pursuant to Section 11435.30. However, if an interpreter certified pursuant to Section 11435.30 cannot…
- § 11435.60 Every agency subject to the language assistance requirement of this article shall advise each party of the right to an interpreter at the same time that each…
- § 11435.65 (a) The rules of confidentiality of the agency, if any, that apply in an adjudicative proceeding shall apply to any interpreter in the hearing or medical…
ARTICLE 9. General Procedural Provisions §§ 11440.10–11440.60 · 7 sections
- § 11440.10 (a) The agency head may do any of the following with respect to a decision of the presiding officer or the agency: (1) Determine to review some but not all…
- § 11440.20 Service of a writing or electronic document on, or giving of a notice to, a person in a procedure provided in this chapter is subject to the following…
- § 11440.30 (a) The presiding officer may conduct all or part of a hearing by telephone, television, or other electronic means if each participant in the hearing has an…
- § 11440.40 (a) In any proceeding under subdivision (h) or (i) of Section 12940, or Section 19572 or 19702, alleging conduct that constitutes sexual harassment, sexual…
- § 11440.45 (a) In any proceedings pursuant to this chapter or Chapter 5 (commencing with Section 11500), the portion of statements, writings, or benevolent gestures…
- § 11440.50 (a) This section applies in adjudicative proceedings of an agency if the agency by regulation provides that this section is applicable in the proceedings. (b)…
- § 11440.60 (a) For purposes of this section, the following terms have the following meaning: (1) “Quasi-judicial proceeding” means any of the following: (A) A proceeding…
ARTICLE 10. Informal Hearing §§ 11445.10–11445.60 · 6 sections
- § 11445.10 (a) Subject to the limitations in this article, an agency may conduct an adjudicative proceeding under the informal hearing procedure provided in this article.…
- § 11445.20 Subject to Section 11445.30, an agency may use an informal hearing procedure in any of the following proceedings, if in the circumstances its use does not…
- § 11445.30 (a) The notice of hearing shall state the agency’s selection of the informal hearing procedure. (b) Any objection of a party to use of the informal hearing…
- § 11445.40 (a) Except as provided in this article, the hearing procedures otherwise required by statute for an adjudicative proceeding apply to an informal hearing. (b)…
- § 11445.50 (a) The presiding officer may deny use of the informal hearing procedure, or may convert an informal hearing to a formal hearing after an informal hearing is…
- § 11445.60 (a) If the presiding officer has reason to believe that material facts are in dispute, the presiding officer may require a party to state the identity of the…
ARTICLE 11. Subpoenas §§ 11450.05–11450.50 · 6 sections
- § 11450.05 (a) This article applies in an adjudicative proceeding required to be conducted under Chapter 5 (commencing with Section 11500). (b) An agency may use the…
- § 11450.10 (a) Subpoenas and subpoenas duces tecum may be issued for attendance at a hearing and for production of documents at any reasonable time and place or at a…
- § 11450.20 (a) Subpoenas and subpoenas duces tecum shall be issued by the agency or presiding officer at the request of a party, or by the attorney of record for a party,…
- § 11450.30 (a) A person served with a subpoena or a subpoena duces tecum may object to its terms by a motion for a protective order, including a motion to quash. (b) The…
- § 11450.40 A witness appearing pursuant to a subpoena or a subpoena duces tecum, other than a party, shall receive for the appearance the following mileage and fees, to…
- § 11450.50 (a) In the case of the production of a party to the record of a proceeding or of a person for whose benefit a proceeding is prosecuted or defended, the service…
ARTICLE 12. Enforcement of Orders and Sanctions §§ 11455.10–11455.30 · 3 sections
- § 11455.10 A person is subject to the contempt sanction for any of the following in an adjudicative proceeding before an agency: (a) Disobedience of or resistance to a…
- § 11455.20 (a) The presiding officer or agency head may certify the facts that justify the contempt sanction against a person to the superior court in and for the county…
- § 11455.30 (a) The presiding officer may order a party, the party’s attorney or other authorized representative, or both, to pay reasonable expenses, including attorney’s…
ARTICLE 13. Emergency Decision §§ 11460.10–11460.80 · 8 sections
- § 11460.10 Subject to the limitations in this article, an agency may conduct an adjudicative proceeding under the emergency decision procedure provided in this article.
- § 11460.20 (a) An agency may issue an emergency decision for temporary, interim relief under this article if the agency has adopted a regulation that provides that the…
- § 11460.30 (a) An agency may only issue an emergency decision under this article in a situation involving an immediate danger to the public health, safety, or welfare…
- § 11460.40 (a) Before issuing an emergency decision under this article, the agency shall, if practicable, give the person to which the agency action is directed notice…
- § 11460.50 (a) The agency shall issue an emergency decision, including a brief explanation of the factual and legal basis and reasons for the emergency decision, to…
- § 11460.60 (a) After issuing an emergency decision under this article for temporary, interim relief, the agency shall conduct an adjudicative proceeding under a formal,…
- § 11460.70 The agency record consists of any documents concerning the matter that were considered or prepared by the agency. The agency shall maintain these documents as…
- § 11460.80 (a) On issuance of an emergency decision under this article, the person to which the agency action is directed may obtain judicial review of the decision in…
ARTICLE 14. Declaratory Decision §§ 11465.10–11465.70 · 7 sections
- § 11465.10 Subject to the limitations in this article, an agency may conduct an adjudicative proceeding under the declaratory decision procedure provided in this article.
- § 11465.20 (a) A person may apply to an agency for a declaratory decision as to the applicability to specified circumstances of a statute, regulation, or decision within…
- § 11465.30 Within 30 days after receipt of an application for a declaratory decision, an agency shall give notice of the application to all persons to which notice of an…
- § 11465.40 The provisions of a formal, informal, or other applicable hearing procedure do not apply to an agency proceeding for a declaratory decision except to the…
- § 11465.50 (a) Within 60 days after receipt of an application for a declaratory decision, an agency shall do one of the following, in writing: (1) Issue a decision…
- § 11465.60 (a) A declaratory decision shall contain the names of all parties to the proceeding, the particular facts on which it is based, and the reasons for its…
- § 11465.70 (a) The Office of Administrative Hearings shall adopt and promulgate model regulations under this article that are consistent with the public interest and with…
ARTICLE 15. Conversion of Proceeding §§ 11470.10–11470.50 · 5 sections
- § 11470.10 (a) Subject to any applicable regulation adopted under Section 11470.50, at any point in an agency proceeding the presiding officer or other agency official…
- § 11470.20 If the presiding officer or other agency official responsible for the original proceeding would not have authority over the new proceeding to which it is to be…
- § 11470.30 To the extent practicable and consistent with the rights of parties and the requirements of this article relating to the new proceeding, the record of the…
- § 11470.40 After a proceeding is converted from one type to another, the presiding officer or other agency official responsible for the new proceeding shall do all of the…
- § 11470.50 An agency may adopt regulations to govern the conversion of one type of proceeding to another. The regulations may include an enumeration of the factors to be…
ARTICLE 16. Administrative Adjudication Code of Ethics §§ 11475–11475.70 · 8 sections
- § 11475 The rules imposed by this article may be referred to as the Administrative Adjudication Code of Ethics.
- § 11475.10 (a) This article applies to the following persons: (1) An administrative law judge. As used in this subdivision, “administrative law judge” means an incumbent…
- § 11475.20 Except as otherwise provided in this article, the Code of Judicial Ethics adopted by the Supreme Court pursuant to subdivision (m) of Section 18 of Article VI…
- § 11475.30 For the purpose of this article, the following terms used in the Code of Judicial Ethics have the meanings provided in this section: (a) “Appeal” means…
- § 11475.40 The following provisions of the Code of Judicial Ethics do not apply under this article: (a) Canon 3B(7), to the extent it relates to ex parte communications.…
- § 11475.50 A violation of an applicable provision of the Code of Judicial Ethics, or a violation of the restrictions and prohibitions on accepting honoraria, gifts, or…
- § 11475.60 (a) Except as provided in subdivision (b), a person to whom this article applies shall comply immediately with all applicable provisions of the Code of…
- § 11475.70 Nothing in this article shall be construed or is intended to limit or affect the rights of an administrative law judge or other presiding officer under Chapter…
CHAPTER 5. Administrative Adjudication: Formal Hearing §§ 11500–11529 · 37 sections
- § 11500 In this chapter unless the context or subject matter otherwise requires: (a) “Agency” includes the state boards, commissions, and officers to which this…
- § 11501 (a) This chapter applies to any agency as determined by the statutes relating to that agency. (b) This chapter applies to an adjudicative proceeding of an…
- § 11502 (a) All hearings of state agencies required to be conducted under this chapter shall be conducted by administrative law judges on the staff of the Office of…
- § 11503 (a) A hearing to determine whether a right, authority, license, or privilege should be revoked, suspended, limited, or conditioned shall be initiated by filing…
- § 11504 A hearing to determine whether a right, authority, license, or privilege should be granted, issued, or renewed shall be initiated by filing a statement of…
- § 11504.5 In the following sections of this chapter, all references to accusations shall be deemed to be applicable to statements of issues except in those cases…
- § 11505 (a) Upon the filing of the accusation or District Statement of Reduction in Force the agency shall serve a copy thereof on the respondent as provided in…
- § 11506 (a) Within 15 days after service of the accusation or District Statement of Reduction in Force the respondent may file with the agency a notice of defense, or,…
- § 11507 At any time before the matter is submitted for decision, the agency may file, or permit the filing of, an amended or supplemental accusation or District…
- § 11507.3 (a) When proceedings that involve a common question of law or fact are pending, the administrative law judge on the judge’s own motion or on motion of a party…
- § 11507.5 The provisions of Section 11507.6 provide the exclusive right to and method of discovery as to any proceeding governed by this chapter.
- § 11507.6 After initiation of a proceeding in which a respondent or other party is entitled to a hearing on the merits, a party, upon written request made to another…
- § 11507.7 (a) Any party claiming the party’s request for discovery pursuant to Section 11507.6 has not been complied with may serve and file with the administrative law…
- § 11508 (a) The agency shall consult the office, and subject to the availability of its staff, shall determine the time and place of the hearing. The hearing shall be…
- § 11509 The agency shall deliver or mail a notice of hearing to all parties at least 10 days prior to the hearing. The hearing shall not be prior to the expiration of…
- § 11511 On verified petition of any party, an administrative law judge or, if an administrative law judge has not been appointed, an agency may order that the…
- § 11511.5 (a) On motion of a party or by order of an administrative law judge, the administrative law judge may conduct a prehearing conference. The administrative law…
- § 11511.7 (a) The administrative law judge may order the parties to attend and participate in a settlement conference. The administrative law judge shall set the time…
- § 11512 (a) Every hearing in a contested case shall be presided over by an administrative law judge. The agency itself shall determine whether the administrative law…
- § 11513 (a) Oral evidence shall be taken only on oath or affirmation. (b) Each party shall have these rights: to call and examine witnesses, to introduce exhibits; to…
- § 11514 (a) At any time 10 or more days prior to a hearing or a continued hearing, any party may mail or deliver to the opposing party a copy of any affidavit which he…
- § 11515 In reaching a decision official notice may be taken, either before or after submission of the case for decision, of any generally accepted technical or…
- § 11516 The agency may order amendment of the accusation or District Statement of Reduction in Force after submission of the case for decision. Each party shall be…
- § 11517 (a) A contested case may be originally heard by the agency itself and subdivision (b) shall apply. Alternatively, at the discretion of the agency, an…
- § 11518 Copies of the decision shall be delivered to the parties personally or sent to them by registered mail.
- § 11518.5 (a) Within 15 days after service of a copy of the decision on a party, but not later than the effective date of the decision, the party may apply to the agency…
- § 11519 (a) The decision shall become effective 30 days after it is delivered or mailed to respondent unless: a reconsideration is ordered within that time, or the…
- § 11519.1 (a) A decision rendered against a licensee under Article 1 (commencing with Section 11700) of Chapter 4 of Division 5 of the Vehicle Code may include an order…
- § 11520 (a) If the respondent either fails to file a notice of defense, or, as applicable, notice of participation, or to appear at the hearing, the agency may take…
- § 11521 (a) The agency itself may order a reconsideration of all or part of the case on its own motion or on petition of any party. The agency shall notify a…
- § 11522 A person whose license has been revoked or suspended may petition the agency for reinstatement or reduction of penalty after a period of not less than one year…
- § 11523 Judicial review may be had by filing a petition for a writ of mandate in accordance with the provisions of the Code of Civil Procedure, subject, however, to…
- § 11524 (a) The agency may grant continuances. When an administrative law judge of the Office of Administrative Hearings has been assigned to the hearing, no…
- § 11526 The members of an agency qualified to vote on any question may vote by mail or another appropriate method.
- § 11527 Any sums authorized to be expended under this chapter by any agency shall be a legal charge against the funds of the agency.
- § 11528 In any proceedings under this chapter any agency, agency member, secretary of an agency, hearing reporter, or administrative law judge has power to administer…
- § 11529 (a) The administrative law judge of the Medical Quality Hearing Panel established pursuant to Section 11371 may issue an interim order suspending a license,…
CHAPTER 5.5. Technology §§ 11531–11544 · 12 sections
ARTICLE 1. General Provisions and Definitions §§ 11531–11532 · 2 sections
ARTICLE 2. Office of Technology Services §§ 11534–11543 · 9 sections
- § 11534 (a) There is in the Government Operations Agency, in the Department of Technology, the Office of Technology Services. (b) The purpose of this article is to…
- § 11538 The Chief of the Office of Technology Services shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. The chief…
- § 11539 The chief shall be responsible for managing the affairs of the Office of Technology Services and shall perform all duties, exercise all powers and…
- § 11540 The Director of Technology shall propose to the Director of Finance rates for Office of Technology Services’ services based on a formal rate methodology. The…
- § 11540.5 (a) The department, in consultation with the Department of Finance, shall reassess the formal rate methodology and relevant policies and procedures for state…
- § 11541 (a) The Office of Technology Services may acquire, install, equip, maintain, and operate new or existing business telecommunications systems and services.…
- § 11541.5 (a) The Office of Technology Services shall create a link to state agency Internet Web sites at the State of California Internet portal specifically for the…
- § 11542 (a) The Stephen P. Teale Data Center and the California Health and Human Services Agency Data Center are consolidated within, and their functions are…
- § 11543 If the Legislature directs or authorizes the Department of Technology to maintain, develop, or prescribe processes, procedures, or policies in connection with…
ARTICLE 3. Technology Services Revolving Fund § 11544 · 1 section
- § 11544 (a) The Technology Services Revolving Fund, hereafter known as the fund, is hereby created within the State Treasury. The fund shall be administered by the…
CHAPTER 5.6. Department of Technology §§ 11545–11548 · 16 sections
- § 11545 (a) (1) There is in state government the Department of Technology within the Government Operations Agency. The Director of Technology shall be appointed by,…
- § 11546 (a) The Department of Technology shall be responsible for the approval and oversight of information technology projects, which shall include, but are not…
- § 11546.1 The Department of Technology shall improve the governance and implementation of information technology by standardizing reporting relationships, roles, and…
- § 11546.2 (a) On or before February 1 of every year, each state agency and state entity subject to Section 11546.1, shall submit, as instructed by the Department of…
- § 11546.3 (a) (1) A chief information officer appointed under Section 11546.1 shall develop a plan to leverage cost-effective strategies to reduce the total amount of…
- § 11546.4 Notwithstanding any other law, any service contract proposed to be entered into by an agency that would not otherwise be subject to review, approval, or…
- § 11546.45 (a) (1) The Department of Technology shall identify, assess, and prioritize high-risk, critical information technology services and systems across state…
- § 11546.45.5 (a) For purposes of this section: (1) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can,…
- § 11546.46 (a) (1) By January 1, 2024, the Department of Technology, in consultation with the public, the Public Utilities Commission, and the California Broadband…
- § 11546.5 Notwithstanding any other law, all employees of the Department of Technology shall be designated as excluded from collective bargaining pursuant to subdivision…
- § 11546.6 (a) The Director of Technology shall require fingerprint images and associated information from an employee, prospective employee, contractor, subcontractor,…
- § 11546.7 (a) Before July 1, 2019, and before July 1 biennially thereafter, the director of each state agency or state entity, as defined in subdivision (e) of Section…
- § 11546.8 (a) There is hereby established within the Government Operations Agency a consortium that shall develop, pursuant to this section, a framework for the creation…
- § 11546.9 (a) On or before May 1, 2024, the Department of Technology, with input from relevant state agencies and relevant stakeholders, shall conduct, complete, and…
- § 11547 The Department of Finance shall perform fiscal oversight of the state’s information technology projects. This oversight shall consist of a determination of the…
- § 11548 This chapter shall not apply to the State Compensation Insurance Fund, the Legislature, or the Legislative Data Center in the Legislative Counsel Bureau.
CHAPTER 5.7. Office of Information Security and Office of Privacy Protection §§ 11549–11549.10 · 8 sections
ARTICLE 1. Office of Information Security §§ 11549–11549.4 · 4 sections
- § 11549 (a) There is in state government, in the Department of Technology, the Office of Information Security. The purpose of the Office of Information Security is to…
- § 11549.1 As used in this article, the following terms have the following meanings: (a) “Chief” means the Chief of the Office of Information Security. (b) “Office” means…
- § 11549.3 (a) The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following: (1) The…
- § 11549.4 The office shall consult with the Director of Technology, the Office of Emergency Services, the Director of General Services, the Director of Finance, and any…
ARTICLE 2. Office of Privacy Protection §§ 11549.5–11549.10 · 4 sections
- § 11549.5 (a) There is hereby created, in the State and Consumer Services Agency, the Office of Privacy Protection. The purpose of the Office of Privacy Protection shall…
- § 11549.7 The Office of Privacy Protection shall be under the direction of a director who shall report to the Secretary of State and Consumer Services and lead the…
- § 11549.8 As used in this article, the following terms have the following meanings: (a) “Director” means the Director of the Office of Privacy Protection. (b) “Office”…
- § 11549.10 This chapter shall not apply to the State Compensation Insurance Fund, the Legislature, or the Legislative Data Center in the Legislative Counsel Bureau.
CHAPTER 5.8. Office of Broadband and Digital Literacy §§ 11549.50–11549.59 · 10 sections
- § 11549.50 For purposes of this chapter, the following definitions apply: (a) “Commission” means the Public Utilities Commission. (b) “Department” means the Department of…
- § 11549.51 There is in state government, within the department, the Office of Broadband and Digital Literacy.
- § 11549.52 (a) The office shall, consistent with Item 7502-062-8506 of the Budget Act of 2021, oversee the acquisition and management of contracts for the development and…
- § 11549.53 (a) The office has the powers and authorities necessary to implement this chapter, including, but not limited to, the authority to enter into contracts with…
- § 11549.54 (a) The commission, in collaboration with the third-party administrator, shall assist the office and provide to the office the locations for the statewide…
- § 11549.55 (a) (1) The construction of a statewide open-access middle-mile broadband network under design-build authority is exempt from the design-build procurement…
- § 11549.56 (a) All state agencies shall work in cooperation to expedite the delivery and permitting of the statewide open-access middle-mile broadband network. (b) The…
- § 11549.57 (a) In the operation of the statewide open-access middle-mile broadband network, the office may establish reasonable user policies, perform reasonable network…
- § 11549.58 (a) The department shall provide oversight and policy input for the statewide open-access middle-mile broadband network. (b) (1) Within the department shall be…
- § 11549.59 (a) The State Middle-Mile Broadband Enterprise Fund is hereby established within the State Treasury. Moneys in the fund shall be subject to this chapter. (b)…
CHAPTER 5.9. Generative Artificial Intelligence Tools §§ 11549.63–11549.66 · 4 sections
- § 11549.63 The Legislature finds and declares all of the following: (a) The Legislature recognizes the tremendous potential of artificial intelligence (AI) to improve the…
- § 11549.64 As used in this chapter: (a) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for…
- § 11549.65 (a) The Department of Technology, under the guidance of the Government Operations Agency, the Office of Data and Innovation, and the Department of Human…
- § 11549.66 A state agency or department that utilizes GenAI to directly communicate with a person regarding government services and benefits shall ensure that those…
CHAPTER 6. Statutory Salary Equalization Plan §§ 11550–11569 · 18 sections
ARTICLE 1. Salaries of Specified Positions §§ 11550–11564.5 · 12 sections
- § 11550 (a) Effective January 1, 1988, an annual salary of ninety-one thousand fifty-four dollars ($91,054) shall be paid to each of the following: (1) Director of…
- § 11552 (a) Effective January 1, 1988, an annual salary of eighty-five thousand four hundred two dollars ($85,402) shall be paid to each of the following: (1)…
- § 11553 (a) Effective January 1, 1988, an annual salary of eighty-one thousand six hundred thirty-five dollars ($81,635) shall be paid to each of the following: (1)…
- § 11553.5 (a) Effective January 1, 1988, an annual salary of seventy-nine thousand one hundred twenty-two dollars ($79,122) shall be paid to the following: (1) Member of…
- § 11554 (a) Effective January 1, 1988, an annual salary of seventy-five thousand three hundred fifty-four dollars ($75,354) shall be paid to each of the following: (1)…
- § 11554.5 Effective July 1, 2007, an annual salary of two hundred twenty-two thousand dollars ($222,000) shall be paid to the State Public Health Officer. The annual…
- § 11555 (a) Effective January 1, 1988, an annual salary of seventy-one thousand five hundred eighty-seven dollars ($71,587) shall be paid to the following: (1)…
- § 11556 (a) Effective January 1, 1988, an annual salary of sixty-nine thousand seventy-six dollars ($69,076) shall be paid to each of the following: (1) Commissioner…
- § 11561 An annual salary of twenty-five thousand five hundred dollars ($25,500) shall be paid to each member of the Alcoholic Beverage Control Appeals Board.
- § 11563.7 (a) Effective January 1, 1988, an annual salary of twenty-five thousand one hundred eighteen dollars ($25,118) shall be paid to each member of the State…
- § 11564 (a) Effective January 1, 1988, an annual salary of twenty-five thousand one hundred eighteen dollars ($25,118) shall be paid to each member of the State Air…
- § 11564.5 Notwithstanding any other provision of law, whenever a member of a board, commission, committee, or similarly constituted body created by executive order or…
ARTICLE 2. Application of Salary Provisions §§ 11565–11569 · 6 sections
- § 11565 If the salary specified in Article 1 (commencing with Section 11550) for any particular position is greater than the salary which the incumbent is receiving on…
- § 11565.5 Notwithstanding Sections 11553, 11553.5, 11563.7, and 11564, with respect to any salary increase made after January 1, 1997, for nonelected members of state…
- § 11566 If the salary specified in Article 1 (commencing with Section 11550) for any particular position is less than the salary which the incumbent is receiving on…
- § 11567 If any constitutional provision prevents an increase in the salary during the term of office of a position for which an increase is provided by this chapter,…
- § 11568 The provisions of this chapter shall not be superseded or modified by any subsequent legislation except to the extent that such legislation shall do so…
- § 11569 Notwithstanding the foregoing provisions of this chapter or of any statute specifying the salary to be paid to any state officer, in any fiscal year for which…
CHAPTER 7.2. Information Technology Innovation Grants Program §§ 11786–11786.6 · 7 sections
- § 11786 (a) The Information Technology Innovation Council is hereby established in state government. (b) The council shall be composed of the following members: (1)…
- § 11786.1 (a) (1) No later than three months from the date of the enactment of the 2000–01 Budget Act, the Department of Finance and the Department of Information…
- § 11786.2 (a) The Information Technology Innovation Council shall evaluate competing project applications based on the guidelines established pursuant to Section 13161,…
- § 11786.3 (a) No grant approved under this chapter may be funded sooner than 30 days after written notice is provided by the Department of Finance to the Chair of the…
- § 11786.4 (a) The Department of Finance shall provide funding for an outside vendor to conduct an independent evaluation of projects implemented pursuant to this…
- § 11786.5 This chapter shall not apply to the University of California, the California State University, the State Compensation Insurance Fund, community college…
- § 11786.6 Funding for this chapter shall be subject to appropriations made for that purpose in the annual Budget Act.
CHAPTER 7.3. California Regional Initiative for Social Enterprises Program §§ 11788–11788.4 · 6 sections
- § 11788 For purposes of this chapter, all of the following terms shall have the following meanings: (a) “Employment social enterprise” has the same meaning as in…
- § 11788.1 (a) (1) Upon appropriation by the Legislature, CalOSBA shall establish the California Regional Initiative for Social Enterprises Program pursuant to this…
- § 11788.1.5 (a) (1) A fiscal agent shall award one-time grants to employment social enterprises through a competitive grant process developed by the office or the fiscal…
- § 11788.2 A fiscal agent shall be eligible to be designated by the office if the office determines that the fiscal agent meets all of the following criteria: (a) The…
- § 11788.3 The office shall evaluate eligible fiscal agents, as described in Section 11788.2, based upon the following factors: (a) The proposed use of the requested…
- § 11788.4 (a) Upon approval of a grant award pursuant to this article, the office shall issue a notice to the fiscal agent that includes all of the following: (1) The…
CHAPTER 7.5. State Data Centers § 11790 · 1 section
ARTICLE 1. Hawkins Data Center § 11790 · 1 section
- § 11790 (a) There is in the Department of Justice the Hawkins Data Center. (b) The data center shall be under the supervision of a data center director who shall be…
CHAPTER 8. The Performance and Results Act of 1993 §§ 11800–11801 · 2 sections
ARTICLE 1. General Provisions §§ 11800–11801 · 2 sections
CHAPTER 8.1. State Government Strategic Planning and Performance Review Act §§ 11810–11817 · 4 sections
ARTICLE 1. General Provisions § 11810 · 1 section
- § 11810 This chapter shall be known, and may be cited, as the State Government Strategic Planning and Performance and Review Act.
ARTICLE 2. Findings and Declarations § 11813 · 1 section
- § 11813 The Legislature finds and declares the following: (a) Waste and inefficiency in state government undermine the confidence of Californians in government and…
ARTICLE 3. Strategic Planning and Performance Reviews §§ 11816–11817 · 2 sections
- § 11816 Each agency, department, office, or commission for which strategic planning efforts are recommended pursuant to Section 11815 shall develop a strategic plan…
- § 11817 It is the intent of the Legislature that strategic plans developed pursuant to Section 11816 form the basis for conducting performance reviews pursuant to this…
CHAPTER 9. Health Care Audits § 11840 · 1 section
- § 11840 The Legislature finds and declares all of the following: (a) The current regulatory responsibility for medical services is spread among many governmental…
CHAPTER 10. The Financial Information System for California (FISCal) §§ 11850–11895 · 18 sections
ARTICLE 1. General Provisions §§ 11850–11854 · 3 sections
- § 11850 This chapter shall be known, and may be cited, as the Financial Information System for California (FISCal) Act.
- § 11852 For purposes of this chapter: (a) “Accounting book of record” means the central accounts maintained by the Controller and used in the preparation of financial…
- § 11854 The Legislature intends that the system meet all of the following objectives: (a) Replace the state’s aging legacy financial management systems and eliminate…
ARTICLE 2. Ongoing Maintenance and Operation of FISCal §§ 11856–11868 · 6 sections
- § 11856 (a) Notwithstanding any other law, and to the extent feasible as determined by the department in consultation with the Department of Finance and the Department…
- § 11860 (a) To serve the best interest of the state by optimizing the financial business management of the state, the partner agencies shall collaboratively develop…
- § 11862 (a) In addition to the requirements set forth in the approved FISCal project documents, the system shall include a state transparency component that allows the…
- § 11864 (a) On or before October 31, 2023, and annually thereafter on or before October 31, the department shall submit a report to the Legislature, pursuant to…
- § 11865 The department shall complete all of the following roadmap activities on or before July 1, 2032, unless otherwise specified: (a) Ensure the system is…
- § 11868 (a) In its independent monitoring of the system, the California State Auditor’s Office shall do, but is not limited to doing, both of the following: (1) (A)…
ARTICLE 3. Funding and Accounts §§ 11870–11874 · 3 sections
- § 11870 The FISCal Internal Services Fund continues in existence in the State Treasury to pay the costs of development, implementation, and other approved costs of the…
- § 11872 (a) The FISCal Consolidated Payment Fund is created in the State Treasury for the purpose of allowing the Controller to issue consolidated payments, excluding…
- § 11874 (a) The department, subject to the approval of the Department of Finance, shall establish and assess fees and a payment schedule for state departments and…
ARTICLE 4. Background Check Program § 11880 · 1 section
- § 11880 (a) The department shall require fingerprint images and related information from any department employee, prospective employee, contractor, subcontractor,…
ARTICLE 5. Department of FISCal §§ 11890–11895 · 5 sections
- § 11890 (a) There is in state government the Department of FISCal. (b) The Department of FISCal shall be within the Government Operations Agency.
- § 11892 The department shall be responsible for the system functionality and shall perform all functions necessary to fulfill the requirements of Section 11865.
- § 11893 The administrative costs, as defined in Section 11270, of the Department of FISCal shall be allocated to and recovered from funds in a manner consistent with…
- § 11894 The Director of FISCal shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation.
- § 11895 (a) The director shall, at least annually, confer with the partner agencies and at least one representative of other agencies utilizing the system to…
CHAPTER 11. Voter Information Internet Web Site § 11898 · 1 section
- § 11898 (a) No later than July 1, 2019, the Secretary of State shall request proposals to establish a voter information Internet Web site for the purpose of providing…
CHAPTER 12.5. California Education Interagency Council §§ 11900–11908 · 9 sections
- § 11900 This chapter shall be known, and may be cited, as the California Education Interagency Council Act.
- § 11901 For purposes of this chapter, unless the context requires otherwise, the following definitions apply: (a) “Council” means the California Education Interagency…
- § 11902 The California Education Interagency Council is hereby established in the Government Operations Agency for the purpose of accomplishing all of the following…
- § 11903 (a) The council’s membership shall include all of the following members, or a designee of the member who reports directly to the member: (1) The President of…
- § 11904 (a) The Office of the California Education Interagency Council is hereby established in the Government Operations Agency. (b) The Office of the California…
- § 11905 (a) The council’s first meeting shall be held on or before June 30, 2026. (b) Subsequent meetings of the council shall be held at least once every six months…
- § 11906 (a) The council, with support from the managing entity, shall perform the following duties pursuant to the timeframe described in subdivision (b), as…
- § 11907 (a) The managing entity shall support the council. This support shall include, but is not limited to, all of the following: (1) Supporting and staffing council…
- § 11908 Regarding the exercise of its duties pursuant to Sections 11905 and 11906, and the professional services provided to support the council’s exercise of its…