2005 California Government Code Sections 11415.10-11415.60 Article 4. Governing Procedure

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.  If no other governing
procedure is provided by statute or regulation, an agency may conduct
an adjudicative proceeding under the administrative adjudication
provisions of the Administrative Procedure Act.
   (b) This chapter supplements the governing procedure by which an
agency conducts an adjudicative 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 chapter.
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 Governor may do any of the following by
executive order:
   (1) Suspend, in whole or in part, any administrative adjudication
provision of the Administrative Procedure Act.
   (2) Adopt a rule of procedure that will avoid the loss or delay.
   (b) The Governor shall rescind an executive order issued under
this section as soon as it is no longer necessary to prevent the loss
or delay of funds or services from the federal government.
   (c) If an administrative adjudication provision is suspended or
rule of procedure is adopted pursuant to this section, the Governor
shall promptly report the suspension or adoption to the Legislature.
The report shall include recommendations concerning any legislation
that may be necessary to conform the provision to federal law.
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 provisions of the Administrative
Procedure Act.
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 required for informal
factfinding or an informal investigatory hearing, or a decision to
initiate or not to initiate an investigation, prosecution, or other
proceeding before the agency, another agency, or a court, whether in
response to an application for an agency decision or otherwise.
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 to subdivision (c),
the settlement may be on any terms the parties determine are
appropriate.  Notwithstanding any other provision of law, no evidence
of an offer of compromise or settlement made in settlement
negotiations is admissible in an adjudicative proceeding or civil
action, whether as affirmative evidence, by way of impeachment, or
for any other purpose, and no evidence of conduct or statements made
in settlement negotiations is admissible to prove liability for any
loss or damage except to the extent provided in Section 1152 of the
Evidence Code.  Nothing in this subdivision makes inadmissible any
public document created by a public agency.
   (b) A settlement may be made before or after issuance of an agency
pleading, except that in an adjudicative proceeding to determine
whether an occupational license should be revoked, suspended,
limited, or conditioned, a settlement may not be made before issuance
of the agency pleading.  A settlement may be made before, during, or
after the hearing.
   (c) A settlement is subject to any necessary agency approval.  An
agency head may delegate the power to approve a settlement.  The
terms of a settlement may not be contrary to statute or regulation,
except that the settlement may include sanctions the agency would
otherwise lack power to impose.