CHAPTER 5. Administrative Adjudication: Formal Hearing

Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22.

§§ 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,…