2005 California Government Code Sections 11445.10-11445.60 Article 10. Informal Hearing

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.
   (b) The Legislature finds and declares the following:
   (1) The informal hearing procedure is intended to satisfy due
process and public policy requirements in a manner that is simpler
and more expeditious than hearing procedures otherwise required by
statute, for use in appropriate circumstances.
   (2) The informal hearing procedure provides a forum in the nature
of a conference in which a party has an opportunity to be heard by
the presiding officer.
   (3) The informal hearing procedure provides a forum that may
accommodate a hearing where by regulation or statute a member of the
public may participate without appearing or intervening as a party.
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 violate another statute or the
federal or state Constitution:
   (a) A proceeding where there is no disputed issue of material
fact.
   (b) A proceeding where there is a disputed issue of material fact,
if the matter is limited to any of the following:
   (1) A monetary amount of not more than one thousand dollars
($1,000).
   (2) A disciplinary sanction against a student that does not
involve expulsion from an academic institution or suspension for more
than 10 days.
   (3) A disciplinary sanction against an employee that does not
involve discharge from employment, demotion, or suspension for more
than 5 days.
   (4) A disciplinary sanction against a licensee that does not
involve an actual revocation of a license or an actual suspension of
a license for more than five days.  Nothing in this section precludes
an agency from imposing a stayed revocation or a stayed suspension
of a license in an informal hearing.
   (c) A proceeding where, by regulation, the agency has authorized
use of an informal hearing.
   (d) A proceeding where an evidentiary hearing for determination of
facts is not required by statute but where the agency determines the
federal or state Constitution may require a hearing.
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
procedure shall be made in the party's pleading.
   (c) An objection to use of the informal hearing procedure shall be
resolved by the presiding officer before the hearing on the basis of
the pleadings and any written submissions in support of the
pleadings.  An objection to use of the informal hearing procedure in
a disciplinary proceeding involving an occupational license shall be
resolved in favor of the licensee.
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) In an informal hearing the presiding officer shall regulate
the course of the proceeding.  The presiding officer shall permit the
parties and may permit others to offer written or oral comments on
the issues.  The presiding officer may limit the use of witnesses,
testimony, evidence, and argument, and may limit or eliminate the use
of pleadings, intervention, discovery, prehearing conferences, and
rebuttal.
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 commenced, if it appears to the
presiding officer that cross-examination is necessary for proper
determination of the matter and that the delay, burden, or
complication due to allowing cross-examination in the informal
hearing will be more than minimal.
   (b) An agency, by regulation, may specify categories of cases in
which cross-examination is deemed not necessary for proper
determination of the matter under the informal hearing procedure.
The presiding officer may allow cross-examination of witnesses in an
informal hearing notwithstanding an agency regulation if it appears
to the presiding officer that in the circumstances cross-examination
is necessary for proper determination of the matter.
   (c) The actions of the presiding officer under this section are
not subject to judicial review.
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 witnesses or other sources through
which the party would propose to present proof if the proceeding
were converted to a formal or other applicable hearing procedure.  If
disclosure of a fact, allegation, or source is privileged or
expressly prohibited by a regulation, statute, or the federal or
state Constitution, the presiding officer may require the party to
indicate that confidential facts, allegations, or sources are
involved, but not to disclose the confidential facts, allegations, or
sources.
   (b) If a party has reason to believe that essential facts must be
obtained in order to permit an adequate presentation of the case, the
party may inform the presiding officer regarding the general nature
of the facts and the sources from which the party would propose to
obtain the facts if the proceeding were converted to a formal or
other applicable hearing procedure.