2009 California Government Code - Section 11470.10-11470.50 :: Article 15. Conversion Of Proceeding

GOVERNMENT CODE
SECTION 11470.10-11470.50

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 responsible for the proceeding:
   (1) May convert the proceeding to another type of agency
proceeding provided for by statute if the conversion is appropriate,
is in the public interest, and does not substantially prejudice the
rights of a party.
   (2) Shall convert the proceeding to another type of agency
proceeding provided for by statute, if required by regulation or
statute.
   (b) A proceeding of one type may be converted to a proceeding of
another type only on notice to all parties to the original
proceeding.

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 converted, the agency head
shall appoint a successor to preside over or be responsible for the
new proceeding.

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 original agency proceeding shall be
used in the new agency proceeding.

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 following:
   (a) Give additional notice to parties or other persons necessary
to satisfy the statutory requirements relating to the new proceeding.
   (b) Dispose of the matters involved without further proceedings if
sufficient proceedings have already been held to satisfy the
statutory requirements relating to the new proceeding.
   (c) Conduct or cause to be conducted any additional proceedings
necessary to satisfy the statutory requirements relating to the new
proceeding, and allow the parties a reasonable time to prepare for
the new proceeding.

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 considered in determining whether
and under what circumstances one type of proceeding will be converted
to another.

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