2005 California Government Code Sections 11460.10-11460.80 Article 13. Emergency Decision

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 agency may use the
procedure provided in this article.
   (b) The regulation shall elaborate the application of the
provisions of this article to an emergency decision by the agency,
including all of the following:
   (1) Define the specific circumstances in which an emergency
decision may be issued under this article.
   (2) State the nature of the temporary, interim relief that the
agency may order.
   (3) Prescribe the procedures that will be available before and
after issuance of an emergency decision under this article.  The
procedures may be more protective of the person to which the agency
action is directed than those provided in this article.
   (c) This article does not apply to an emergency decision,
including a cease and desist order or an interim or temporary
suspension order, issued  pursuant to other express statutory
authority.
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 that requires immediate agency
action.
   (b) An agency may only take action under this article that is
necessary to prevent or avoid the immediate danger to the public
health, safety, or welfare that justifies issuance of an emergency
decision.
   (c) An emergency decision issued under this article is limited to
temporary, interim relief.  The temporary, interim relief is subject
to judicial review under Section 11460.80, and the underlying issue
giving rise to the temporary, interim relief is subject to an
adjudicative proceeding pursuant to Section 11460.60.
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 and an opportunity to be heard.
   (b) Notice and hearing under this section may be oral or written,
including notice and hearing by telephone, facsimile transmission, or
other electronic means, as the circumstances permit.  The hearing
may be conducted in the same manner as an informal hearing.
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 justify the determination of
an immediate danger and the agency's emergency decision to take the
specific action.
   (b) The agency shall give notice to the extent practicable to the
person to which the agency action is directed.  The emergency
decision is effective when issued or as provided in the decision.
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, informal, or other applicable
hearing procedure to resolve the underlying issues giving rise to
the temporary, interim relief.
   (b) The agency shall commence an adjudicative proceeding under
another procedure within 10 days after issuing an emergency decision
under this article, notwithstanding the pendency of proceedings for
judicial review of the emergency decision.
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 its official record.
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 the manner provided in this
section without exhaustion of administrative remedies.
   (b) Judicial review under this section shall be pursuant to
Section 1094.5 of the Code of Civil Procedure, subject to the
following provisions:
   (1) The hearing shall be on the earliest day that the business of
the court will admit of, but not later than 15 days after service of
the petition on the agency.
   (2) Where it is claimed that the findings are not supported by the
evidence, abuse of discretion is established if the court determines
that the findings are not supported by substantial evidence in the
light of the whole record.
   (3) A party, on written request to another party, before the
proceedings for review and within 10 days after issuance of the
emergency decision, is entitled to appropriate discovery.
   (4) The relief that may be ordered on judicial review is limited
to a stay of the emergency decision.