2010 California Code
Government Code
Chapter 5. Administrative Adjudication: Formal Hearing

11500.  In this chapter unless the context or subject matter
otherwise requires:
   (a) "Agency" includes the state boards, commissions, and officers
to which this chapter is made applicable by law, except that wherever
the word "agency" alone is used the power to act may be delegated by
the agency, and wherever the words "agency itself" are used the
power to act shall not be delegated unless the statutes relating to
the particular agency authorize the delegation of the agency's power
to hear and decide.
   (b) "Party" includes the agency, the respondent, and any person,
other than an officer or an employee of the agency in his or her
official capacity, who has been allowed to appear or participate in
the proceeding.
   (c) "Respondent" means any person against whom an accusation is
filed pursuant to Section 11503 or against whom a statement of issues
is filed pursuant to Section 11504.
   (d) "Administrative law judge" means an individual qualified under
Section 11502.
   (e) "Agency member" means any person who is a member of any agency
to which this chapter is applicable and includes any person who
himself or herself constitutes an agency.



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
agency created on or after July 1, 1997, unless the statutes relating
to the proceeding provide otherwise.
   (c) Chapter 4.5 (commencing with Section 11400) applies to an
adjudicative proceeding required to be conducted under this chapter,
unless the statutes relating to the proceeding provide otherwise.



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 Administrative Hearings. This subdivision
applies to a hearing required to be conducted under this chapter
that is conducted under the informal hearing or emergency decision
procedure provided in Chapter 4.5 (commencing with Section 11400).
   (b) The Director of the Office of Administrative Hearings has
power to appoint a staff of administrative law judges for the office
as provided in Section 11370.3. Each administrative law judge shall
have been admitted to practice law in this state for at least five
years immediately preceding his or her appointment and shall possess
any additional qualifications established by the State Personnel
Board for the particular class of position involved.



11503.  A hearing to determine whether a right, authority, license
or privilege should be revoked, suspended, limited or conditioned
shall be initiated by filing an accusation. The accusation shall be a
written statement of charges which shall set forth in ordinary and
concise language the acts or omissions with which the respondent is
charged, to the end that the respondent will be able to prepare his
defense. It shall specify the statutes and rules which the respondent
is alleged to have violated, but shall not consist merely of charges
phrased in the language of such statutes and rules. The accusation
shall be verified unless made by a public officer acting in his
official capacity or by an employee of the agency before which the
proceeding is to be held. The verification may be on information and
belief.



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 issues. The statement of issues shall be a
written statement specifying the statutes and rules with which the
respondent must show compliance by producing proof at the hearing
and, in addition, any particular matters that have come to the
attention of the initiating party and that would authorize a denial
of the agency action sought. The statement of issues shall be
verified unless made by a public officer acting in his or her
official capacity or by an employee of the agency before which the
proceeding is to be held. The verification may be on information and
belief. The statement of issues shall be served in the same manner as
an accusation, except that, if the hearing is held at the request of
the respondent, Sections 11505 and 11506 shall not apply and the
statement of issues together with the notice of hearing shall be
delivered or mailed to the parties as provided in Section 11509.
Unless a statement to respondent is served pursuant to Section 11505,
a copy of Sections 11507.5, 11507.6, and 11507.7, and the name and
address of the person to whom requests permitted by Section 11505 may
be made, shall be served with the statement of issues.



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 mentioned in subdivision (a) of Section
11505 and Section 11506 where compliance is not required.



11505.  (a) Upon the filing of the accusation the agency shall serve
a copy thereof on the respondent as provided in subdivision (c). The
agency may include with the accusation any information which it
deems appropriate, but it shall include a post card or other form
entitled Notice of Defense which, when signed by or on behalf of the
respondent and returned to the agency, will acknowledge service of
the accusation and constitute a notice of defense under Section
11506. The copy of the accusation shall include or be accompanied by
(1) a statement that respondent may request a hearing by filing a
notice of defense as provided in Section 11506 within 15 days after
service upon the respondent of the accusation, and that failure to do
so will constitute a waiver of the respondent's right to a hearing,
and (2) copies of Sections 11507.5, 11507.6, and 11507.7.
   (b) The statement to respondent shall be substantially in the
following form:
   Unless a written request for a hearing signed by or on behalf of
the person named as respondent in the accompanying accusation is
delivered or mailed to the agency within 15 days after the accusation
was personally served on you or mailed to you, (here insert name of
agency) may proceed upon the accusation without a hearing. The
request for a hearing may be made by delivering or mailing the
enclosed form entitled Notice of Defense, or by delivering or mailing
a notice of defense as provided by Section 11506 of the Government
Code to: (here insert name and address of agency). You may, but need
not, be represented by counsel at any or all stages of these
proceedings.
   If you desire the names and addresses of witnesses or an
opportunity to inspect and copy the items mentioned in Section
11507.6 of the Government Code in the possession, custody or control
of the agency, you may contact: (here insert name and address of
appropriate person).
   The hearing may be postponed for good cause. If you have good
cause, you are obliged to notify the agency or, if an administrative
law judge has been assigned to the hearing, the Office of
Administrative Hearings, within 10 working days after you discover
the good cause. Failure to give notice within 10 days will deprive
you of a postponement.
   (c) The accusation and all accompanying information may be sent to
the respondent by any means selected by the agency. But no order
adversely affecting the rights of the respondent shall be made by the
agency in any case unless the respondent shall have been served
personally or by registered mail as provided herein, or shall have
filed a notice of defense or otherwise appeared. Service may be
proved in the manner authorized in civil actions. Service by
registered mail shall be effective if a statute or agency rule
requires the respondent to file the respondent's address with the
agency and to notify the agency of any change, and if a registered
letter containing the accusation and accompanying material is mailed,
addressed to the respondent at the latest address on file with the
agency.



11506.  (a) Within 15 days after service of the accusation the
respondent may file with the agency a notice of defense in which the
respondent may:
   (1) Request a hearing.
   (2) Object to the accusation upon the ground that it does not
state acts or omissions upon which the agency may proceed.
   (3) Object to the form of the accusation on the ground that it is
so indefinite or uncertain that the respondent cannot identify the
transaction or prepare a defense.
   (4) Admit the accusation in whole or in part.
   (5) Present new matter by way of defense.
   (6) Object to the accusation upon the ground that, under the
circumstances, compliance with the requirements of a regulation would
result in a material violation of another regulation enacted by
another department affecting substantive rights.
   (b) Within the time specified respondent may file one or more
notices of defense upon any or all of these grounds but all of these
notices shall be filed within that period unless the agency in its
discretion authorizes the filing of a later notice.
   (c) The respondent shall be entitled to a hearing on the merits if
the respondent files a notice of defense, and the notice shall be
deemed a specific denial of all parts of the accusation not expressly
admitted. Failure to file a notice of defense shall constitute a
waiver of respondent's right to a hearing, but the agency in its
discretion may nevertheless grant a hearing. Unless objection is
taken as provided in paragraph (3) of subdivision (a), all objections
to the form of the accusation shall be deemed waived.
   (d) The notice of defense shall be in writing signed by or on
behalf of the respondent and shall state the respondent's mailing
address. It need not be verified or follow any particular form.
   (e) As used in this section, "file," "files," "filed," or "filing"
means "delivered or mailed" to the agency as provided in Section
11505.



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. All parties shall be notified thereof. If the amended or
supplemental accusation presents new charges the agency shall afford
respondent a reasonable opportunity to prepare his defense thereto,
but he shall not be entitled to file a further pleading unless the
agency in its discretion so orders. Any new charges shall be deemed
controverted, and any objections to the amended or supplemental
accusation may be made orally and shall be noted in the record.



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 may order a joint hearing of any or
all the matters at issue in the proceedings. The administrative law
judge may order all the proceedings consolidated and may make orders
concerning the procedure that may tend to avoid unnecessary costs or
delay.
   (b) The administrative law judge on the judge's own motion or on
motion of a party, in furtherance of convenience or to avoid
prejudice or when separate hearings will be conducive to expedition
and economy, may order a separate hearing of any issue, including an
issue raised in the notice of defense, or of any number of issues.



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 party, prior to the hearing and
within 30 days after service by the agency of the initial pleading or
within 15 days after the service of an additional pleading, is
entitled to (1) obtain the names and addresses of witnesses to the
extent known to the other party, including, but not limited to, those
intended to be called to testify at the hearing, and (2) inspect and
make a copy of any of the following in the possession or custody or
under the control of the other party:
   (a) A statement of a person, other than the respondent, named in
the initial administrative pleading, or in any additional pleading,
when it is claimed that the act or omission of the respondent as to
this person is the basis for the administrative proceeding;
   (b) A statement pertaining to the subject matter of the proceeding
made by any party to another party or person;
   (c) Statements of witnesses then proposed to be called by the
party and of other persons having personal knowledge of the acts,
omissions or events which are the basis for the proceeding, not
included in (a) or (b) above;
   (d) All writings, including, but not limited to, reports of
mental, physical and blood examinations and things which the party
then proposes to offer in evidence;
   (e) Any other writing or thing which is relevant and which would
be admissible in evidence;
   (f) Investigative reports made by or on behalf of the agency or
other party pertaining to the subject matter of the proceeding, to
the extent that these reports (1) contain the names and addresses of
witnesses or of persons having personal knowledge of the acts,
omissions or events which are the basis for the proceeding, or (2)
reflect matters perceived by the investigator in the course of his or
her investigation, or (3) contain or include by attachment any
statement or writing described in (a) to (e), inclusive, or summary
thereof.
   For the purpose of this section, "statements" include written
statements by the person signed or otherwise authenticated by him or
her, stenographic, mechanical, electrical or other recordings, or
transcripts thereof, of oral statements by the person, and written
reports or summaries of these oral statements.
   Nothing in this section shall authorize the inspection or copying
of any writing or thing which is privileged from disclosure by law or
otherwise made confidential or protected as the attorney's work
product.



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 judge a motion to compel discovery,
naming as respondent the party refusing or failing to comply with
Section 11507.6. The motion shall state facts showing the respondent
party failed or refused to comply with Section 11507.6, a description
of the matters sought to be discovered, the reason or reasons why
the matter is discoverable under that section, that a reasonable and
good faith attempt to contact the respondent for an informal
resolution of the issue has been made, and the ground or grounds of
respondent's refusal so far as known to the moving party.
   (b) The motion shall be served upon respondent party and filed
within 15 days after the respondent party first evidenced failure or
refusal to comply with Section 11507.6 or within 30 days after
request was made and the party has failed to reply to the request, or
within another time provided by stipulation, whichever period is
longer.
   (c) The hearing on the motion to compel discovery shall be held
within 15 days after the motion is made, or a later time that the
administrative law judge may on the judge's own motion for good cause
determine. The respondent party shall have the right to serve and
file a written answer or other response to the motion before or at
the time of the hearing.
   (d) Where the matter sought to be discovered is under the custody
or control of the respondent party and the respondent party asserts
that the matter is not a discoverable matter under the provisions of
Section 11507.6, or is privileged against disclosure under those
provisions, the administrative law judge may order lodged with it
matters provided in subdivision (b) of Section 915 of the Evidence
Code and examine the matters in accordance with its provisions.
   (e) The administrative law judge shall decide the case on the
matters examined in camera, the papers filed by the parties, and such
oral argument and additional evidence as the administrative law
judge may allow.
   (f) Unless otherwise stipulated by the parties, the administrative
law judge shall no later than 15 days after the hearing make its
order denying or granting the motion. The order shall be in writing
setting forth the matters the moving party is entitled to discover
under Section 11507.6. A copy of the order shall forthwith be served
by mail by the administrative law judge upon the parties. Where the
order grants the motion in whole or in part, the order shall not
become effective until 10 days after the date the order is served.
Where the order denies relief to the moving party, the order shall be
effective on the date it is served.



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 held at a hearing facility maintained
by the office in Sacramento, Oakland, Los Angeles, or San Diego and
shall be held at the facility that is closest to the location where
the transaction occurred or the respondent resides.
   (b) Notwithstanding subdivision (a), the hearing may be held at
either of the following places:
   (1) A place selected by the agency that is closer to the location
where the transaction occurred or the respondent resides.
   (2) A place within the state selected by agreement of the parties.
   (c) The respondent may move for, and the administrative law judge
has discretion to grant or deny, a change in the place of the
hearing. A motion for a change in the place of the hearing shall be
made within 10 days after service of the notice of hearing on the
respondent.
   Unless good cause is identified in writing by the administrative
law judge, hearings shall be held in a facility maintained by the
office.


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 the time within which the respondent is
entitled to file a notice of defense.
   The notice to respondent shall be substantially in the following
form but may include other information:

   You are hereby notified that a hearing will be held before Ýhere
insert name of agency] at Ýhere insert place of hearing] on the ____
day of ____, 19__, at the hour of ____, upon the charges made in the
accusation served upon you. If you object to the place of hearing,
you must notify the presiding officer within 10 days after this
notice is served on you. Failure to notify the presiding officer
within 10 days will deprive you of a change in the place of the
hearing. You may be present at the hearing. You have the right to be
represented by an attorney at your own expense. You are not entitled
to the appointment of an attorney to represent you at public expense.
You are entitled to represent yourself without legal counsel. You
may present any relevant evidence, and will be given full opportunity
to cross-examine all witnesses testifying against you. You are
entitled to the issuance of subpoenas to compel the attendance of
witnesses and the production of books, documents or other things by
applying to Ýhere insert appropriate office of agency].



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 testimony of any material witness residing
within or without the state be taken by deposition in the manner
prescribed by law for depositions in civil actions under Title 4
(commencing with Section 2016.010) of Part 4 of the Code of Civil
Procedure. The petition shall set forth the nature of the pending
proceeding; the name and address of the witness whose testimony is
desired; a showing of the materiality of the testimony; a showing
that the witness will be unable or cannot be compelled to attend; and
shall request an order requiring the witness to appear and testify
before an officer named in the petition for that purpose. The
petitioner shall serve notice of hearing and a copy of the petition
on the other parties at least 10 days before the hearing. Where the
witness resides outside the state and where the administrative law
judge or agency has ordered the taking of the testimony by
deposition, the agency shall obtain an order of court to that effect
by filing a petition therefor in the superior court in Sacramento
County. The proceedings thereon shall be in accordance with the
provisions of Section 11189.



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 judge shall set the time and place
for the prehearing conference, and shall give reasonable written
notice to all parties.
   (b) The prehearing conference may deal with one or more of the
following matters:
   (1) Exploration of settlement possibilities.
   (2) Preparation of stipulations.
   (3) Clarification of issues.
   (4) Rulings on identity and limitation of the number of witnesses.
   (5) Objections to proffers of evidence.
   (6) Order of presentation of evidence and cross-examination.
   (7) Rulings regarding issuance of subpoenas and protective orders.
   (8) Schedules for the submission of written briefs and schedules
for the commencement and conduct of the hearing.
   (9) Exchange of witness lists and of exhibits or documents to be
offered in evidence at the hearing.
   (10) Motions for intervention.
   (11) Exploration of the possibility of using alternative dispute
resolution provided in Article 5 (commencing with Section 11420.10)
of, or the informal hearing procedure provided in Article 10
(commencing with Section 11445.10) of, Chapter 4.5, and objections to
use of the informal hearing procedure. Use of alternative dispute
resolution or of the informal hearing procedure is subject to
subdivision (d).
   (12) Any other matters as shall promote the orderly and prompt
conduct of the hearing.
   (c) The administrative law judge may conduct all or part of the
prehearing conference by telephone, television, or other electronic
means if each participant in the conference has an opportunity to
participate in and to hear the entire proceeding while it is taking
place.
   (d) With the consent of the parties, the prehearing conference may
be converted immediately into alternative dispute resolution or an
informal hearing. With the consent of the parties, the proceeding may
be converted into alternative dispute resolution to be conducted at
another time. With the consent of the agency, the proceeding may be
converted into an informal hearing to be conducted at another time
subject to the right of a party to object to use of the informal
hearing procedure as provided in Section 11445.30.
   (e) The administrative law judge shall issue a prehearing order
incorporating the matters determined at the prehearing conference.
The administrative law judge may direct one or more of the parties to
prepare a prehearing order.



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 and place for the settlement
conference, and shall give reasonable written notice to all parties.
   (b) The administrative law judge at the settlement conference
shall not preside as administrative law judge at the hearing unless
otherwise stipulated by the parties. The administrative law judge may
conduct all or part of the settlement conference by telephone,
television, or other electronic means if each participant in the
conference has an opportunity to participate in and to hear the
entire proceeding while it is taking place.



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 judge is to hear the case alone or
whether the agency itself is to hear the case with the administrative
law judge.
   (b) When the agency itself hears the case, the administrative law
judge shall preside at the hearing, rule on the admission and
exclusion of evidence, and advise the agency on matters of law; the
agency itself shall exercise all other powers relating to the conduct
of the hearing but may delegate any or all of them to the
administrative law judge. When the administrative law judge alone
hears a case, he or she shall exercise all powers relating to the
conduct of the hearing. A ruling of the administrative law judge
admitting or excluding evidence is subject to review in the same
manner and to the same extent as the administrative law judge's
proposed decision in the proceeding.
   (c) An administrative law judge or agency member shall voluntarily
disqualify himself or herself and withdraw from any case in which
there are grounds for disqualification, including disqualification
under Section 11425.40. The parties may waive the disqualification by
a writing that recites the grounds for disqualification. A waiver is
effective only when signed by all parties, accepted by the
administrative law judge or agency member, and included in the
record. Any party may request the disqualification of any
administrative law judge or agency member by filing an affidavit,
prior to the taking of evidence at a hearing, stating with
particularity the grounds upon which it is claimed that the
administrative law judge or agency member is disqualified. Where the
request concerns an agency member, the issue shall be determined by
the other members of the agency. Where the request concerns the
administrative law judge, the issue shall be determined by the agency
itself if the agency itself hears the case with the administrative
law judge, otherwise the issue shall be determined by the
administrative law judge. No agency member shall withdraw voluntarily
or be subject to disqualification if his or her disqualification
would prevent the existence of a quorum qualified to act in the
particular case, except that a substitute qualified to act may be
appointed by the appointing authority.
   (d) The proceedings at the hearing shall be reported by a
stenographic reporter. However, upon the consent of all the parties,
the proceedings may be reported electronically.
   (e) Whenever, after the agency itself has commenced to hear the
case with an administrative law judge presiding, a quorum no longer
exists, the administrative law judge who is presiding shall complete
the hearing as if sitting alone and shall render a proposed decision
in accordance with subdivision (b) of Section 11517.




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 cross-examine opposing witnesses
on any matter relevant to the issues even though that matter was not
covered in the direct examination; to impeach any witness regardless
of which party first called him or her to testify; and to rebut the
evidence against him or her. If respondent does not testify in his or
her own behalf he or she may be called and examined as if under
cross-examination.
   (c) The hearing need not be conducted according to technical rules
relating to evidence and witnesses, except as hereinafter provided.
Any relevant evidence shall be admitted if it is the sort of evidence
on which responsible persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any common law or
statutory rule which might make improper the admission of the
evidence over objection in civil actions.
   (d) Hearsay evidence may be used for the purpose of supplementing
or explaining other evidence but over timely objection shall not be
sufficient in itself to support a finding unless it would be
admissible over objection in civil actions. An objection is timely if
made before submission of the case or on reconsideration.
   (e) The rules of privilege shall be effective to the extent that
they are otherwise required by statute to be recognized at the
hearing.
   (f) The presiding officer has discretion to exclude evidence if
its probative value is substantially outweighed by the probability
that its admission will necessitate undue consumption of time.



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 proposes to introduce in
evidence, together with a notice as provided in subdivision (b).
Unless the opposing party, within seven days after such mailing or
delivery, mails or delivers to the proponent a request to
cross-examine an affiant, his right to cross-examine such affiant is
waived and the affidavit, if introduced in evidence, shall be given
the same effect as if the affiant had testified orally. If an
opportunity to cross-examine an affiant is not afforded after request
therefor is made as herein provided, the affidavit may be introduced
in evidence, but shall be given only the same effect as other
hearsay evidence.
   (b) The notice referred to in subdivision (a) shall be
substantially in the following form:
   The accompanying affidavit of (here insert name of affiant) will
be introduced as evidence at the hearing in (here insert title of
proceeding). (Here insert name of affiant) will not be called to
testify orally and you will not be entitled to question him unless
you notify (here insert name of proponent or his attorney) at (here
insert address) that you wish to cross-examine him. To be effective
your request must be mailed or delivered to (here insert name of
proponent or his attorney) on or before (here insert a date seven
days after the date of mailing or delivering the affidavit to the
opposing party).


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 scientific matter within the agency's special
field, and of any fact which may be judicially noticed by the courts
of this State. Parties present at the hearing shall be informed of
the matters to be noticed, and those matters shall be noted in the
record, referred to therein, or appended thereto. Any such party
shall be given a reasonable opportunity on request to refute the
officially noticed matters by evidence or by written or oral
presentation of authority, the matter of such refutation to be
determined by the agency.



11516.  The agency may order amendment of the accusation after
submission of the case for decision. Each party shall be given notice
of the intended amendment and opportunity to show that he will be
prejudiced thereby unless the case is reopened to permit the
introduction of additional evidence in his behalf. If such prejudice
is shown the agency shall reopen the case to permit the introduction
of additional evidence.



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 administrative law judge may originally
hear the case alone and subdivision (c) shall apply.
   (b) If a contested case is originally heard before an agency
itself, all of the following provisions apply:
   (1) An administrative law judge shall be present during the
consideration of the case and, if requested, shall assist and advise
the agency in the conduct of the hearing.
   (2) No member of the agency who did not hear the evidence shall
vote on the decision.
   (3) The agency shall issue its decision within 100 days of
submission of the case.
   (c) (1) If a contested case is originally heard by an
administrative law judge alone, he or she shall prepare within 30
days after the case is submitted to him or her a proposed decision in
a form that may be adopted by the agency as the final decision in
the case. Failure of the administrative law judge to deliver a
proposed decision within the time required does not prejudice the
rights of the agency in the case. Thirty days after the receipt by
the agency of the proposed decision, a copy of the proposed decision
shall be filed by the agency as a public record and a copy shall be
served by the agency on each party and his or her attorney. The
filing and service is not an adoption of a proposed decision by the
agency.
   (2) Within 100 days of receipt by the agency of the administrative
law judge's proposed decision, the agency may act as prescribed in
subparagraphs (A) to (E), inclusive. If the agency fails to act as
prescribed in subparagraphs (A) to (E), inclusive, within 100 days of
receipt of the proposed decision, the proposed decision shall be
deemed adopted by the agency. The agency may do any of the following:
   (A) Adopt the proposed decision in its entirety.
   (B) Reduce or otherwise mitigate the proposed penalty and adopt
the balance of the proposed decision.
   (C) Make technical or other minor changes in the proposed decision
and adopt it as the decision. Action by the agency under this
paragraph is limited to a clarifying change or a change of a similar
nature that does not affect the factual or legal basis of the
proposed decision.
   (D) Reject the proposed decision and refer the case to the same
administrative law judge if reasonably available, otherwise to
another administrative law judge, to take additional evidence. If the
case is referred to an administrative law judge pursuant to this
subparagraph, he or she shall prepare a revised proposed decision, as
provided in paragraph (1), based upon the additional evidence and
the transcript and other papers that are part of the record of the
prior hearing. A copy of the revised proposed decision shall be
furnished to each party and his or her attorney as prescribed in this
subdivision.
   (E) Reject the proposed decision, and decide the case upon the
record, including the transcript, or upon an agreed statement of the
parties, with or without taking additional evidence. By stipulation
of the parties, the agency may decide the case upon the record
without including the transcript. If the agency acts pursuant to this
subparagraph, all of the following provisions apply:
   (i) A copy of the record shall be made available to the parties.
The agency may require payment of fees covering direct costs of
making the copy.
   (ii) The agency itself shall not decide any case provided for in
this subdivision without affording the parties the opportunity to
present either oral or written argument before the agency itself. If
additional oral evidence is introduced before the agency itself, no
agency member may vote unless the member heard the additional oral
evidence.
   (iii) The authority of the agency itself to decide the case under
this subdivision includes authority to decide some but not all issues
in the case.
   (iv) If the agency elects to proceed under this subparagraph, the
agency shall issue its final decision not later than 100 days after
rejection of the proposed decision. If the agency elects to proceed
under this subparagraph, and has ordered a transcript of the
proceedings before the administrative law judge, the agency shall
issue its final decision not later than 100 days after receipt of the
transcript. If the agency finds that a further delay is required by
special circumstance, it shall issue an order delaying the decision
for no more than 30 days and specifying the reasons therefor. The
order shall be subject to judicial review pursuant to Section 11523.
   (d) The decision of the agency shall be filed immediately by the
agency as a public record and a copy shall be served by the agency on
each party and his or her attorney.


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 for correction of a mistake or
clerical error in the decision, stating the specific ground on which
the application is made. Notice of the application shall be given to
the other parties to the proceeding. The application is not a
prerequisite for seeking judicial review.
   (b) The agency may refer the application to the administrative law
judge who formulated the proposed decision or may delegate its
authority under this section to one or more persons.
   (c) The agency may deny the application, grant the application and
modify the decision, or grant the application and set the matter for
further proceedings. The application is considered denied if the
agency does not dispose of it within 15 days after it is made or a
longer time that the agency provides by regulation.
   (d) Nothing in this section precludes the agency, on its own
motion or on motion of the administrative law judge, from modifying
the decision to correct a mistake or clerical error. A modification
under this subdivision shall be made within 15 days after issuance of
the decision.
   (e) The agency shall, within 15 days after correction of a mistake
or clerical error in the decision, serve a copy of the correction on
each party on which a copy of the decision was previously served.




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 agency itself orders that the
decision shall become effective sooner, or a stay of execution is
granted.
   (b) A stay of execution may be included in the decision or if not
included therein may be granted by the agency at any time before the
decision becomes effective. The stay of execution provided herein may
be accompanied by an express condition that respondent comply with
specified terms of probation; provided, however, that the terms of
probation shall be just and reasonable in the light of the findings
and decision.
   (c) If respondent was required to register with any public
officer, a notification of any suspension or revocation shall be sent
to the officer after the decision has become effective.
   (d) As used in subdivision (b), specified terms of probation may
include an order of restitution. Where restitution is ordered and
paid pursuant to the provisions of this subdivision, the amount paid
shall be credited to any subsequent judgment in a civil action.
   (e) The person to which the agency action is directed may not be
required to comply with a decision unless the person has been served
with the decision in the manner provided in Section 11505 or has
actual knowledge of the decision.
   (f) A nonparty may not be required to comply with a decision
unless the agency has made the decision available for public
inspection and copying or the nonparty has actual knowledge of the
decision.
   (g) This section does not preclude an agency from taking immediate
action to protect the public interest in accordance with Article 13
(commencing with Section 11460.10) of Chapter 4.5.



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 of restitution for any financial
loss or damage found to have been suffered by a person in the case.
   (b) The failure to make the restitution in accordance with the
terms of the decision is separate grounds for the Department of Motor
Vehicles to refuse to issue a license under Article 1 (commencing
with Section 11700) of Chapter 4 of Division 5 of the Vehicle Code,
and constitutes a violation of the terms of any applicable
probationary order in the decision.
   (c) Nothing in this section is intended to limit or restrict
actions, remedies, or procedures otherwise available to an aggrieved
party pursuant to any other provision of law.



11520.  (a) If the respondent either fails to file a notice of
defense or to appear at the hearing, the agency may take action based
upon the respondent's express admissions or upon other evidence and
affidavits may be used as evidence without any notice to respondent;
and where the burden of proof is on the respondent to establish that
the respondent is entitled to the agency action sought, the agency
may act without taking evidence.
   (b) Notwithstanding the default of the respondent, the agency or
the administrative law judge, before a proposed decision is issued,
has discretion to grant a hearing on reasonable notice to the
parties. If the agency and administrative law judge make conflicting
orders under this subdivision, the agency's order takes precedence.
The administrative law judge may order the respondent, or the
respondent's attorney or other authorized representative, or both, to
pay reasonable expenses, including attorney's fees, incurred by
another party as a result of the respondent's failure to appear at
the hearing.
   (c) Within seven days after service on the respondent of a
decision based on the respondent's default, the respondent may serve
a written motion requesting that the decision be vacated and stating
the grounds relied on. The agency in its discretion may vacate the
decision and grant a hearing on a showing of good cause. As used in
this subdivision, good cause includes, but is not limited to, any of
the following:
   (1) Failure of the person to receive notice served pursuant to
Section 11505.
   (2) Mistake, inadvertence, surprise, or excusable neglect.




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 petitioner of the time limits for petitioning
for reconsideration. The power to order a reconsideration shall
expire 30 days after the delivery or mailing of a decision to a
respondent, or on the date set by the agency itself as the effective
date of the decision if that date occurs prior to the expiration of
the 30-day period or at the termination of a stay of not to exceed 30
days which the agency may grant for the purpose of filing an
application for reconsideration. If additional time is needed to
evaluate a petition for reconsideration filed prior to the expiration
of any of the applicable periods, an agency may grant a stay of that
expiration for no more than 10 days, solely for the purpose of
considering the petition. If no action is taken on a petition within
the time allowed for ordering reconsideration, the petition shall be
deemed denied.
   (b) The case may be reconsidered by the agency itself on all the
pertinent parts of the record and such additional evidence and
argument as may be permitted, or may be assigned to an administrative
law judge. A reconsideration assigned to an administrative law judge
shall be subject to the procedure provided in Section 11517. If oral
evidence is introduced before the agency itself, no agency member
may vote unless he or she heard the evidence.



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 has elapsed from the effective date
of the decision or from the date of the denial of a similar
petition. The agency shall give notice to the Attorney General of the
filing of the petition and the Attorney General and the petitioner
shall be afforded an opportunity to present either oral or written
argument before the agency itself. The agency itself shall decide the
petition, and the decision shall include the reasons therefor, and
any terms and conditions that the agency reasonably deems appropriate
to impose as a condition of reinstatement. This section shall not
apply if the statutes dealing with the particular agency contain
different provisions for reinstatement or reduction of penalty.



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 the statutes relating to the
particular agency. Except as otherwise provided in this section, the
petition shall be filed within 30 days after the last day on which
reconsideration can be ordered. The right to petition shall not be
affected by the failure to seek reconsideration before the agency. On
request of the petitioner for a record of the proceedings, the
complete record of the proceedings, or the parts thereof as are
designated by the petitioner in the request, shall be prepared by the
Office of Administrative Hearings or the agency and shall be
delivered to the petitioner, within 30 days after the request, which
time shall be extended for good cause shown, upon the payment of the
cost for the preparation of the transcript, the cost for preparation
of other portions of the record and for certification thereof. The
complete record includes the pleadings, all notices and orders issued
by the agency, any proposed decision by an administrative law judge,
the final decision, a transcript of all proceedings, the exhibits
admitted or rejected, the written evidence and any other papers in
the case. If the petitioner, within 10 days after the last day on
which reconsideration can be ordered, requests the agency to prepare
all or any part of the record, the time within which a petition may
be filed shall be extended until 30 days after its delivery to him or
her. The agency may file with the court the original of any document
in the record in lieu of a copy thereof. If the petitioner prevails
in overturning the administrative decision following judicial review,
the agency shall reimburse the petitioner for all costs of
transcript preparation, compilation of the record, and certification.



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 continuance may be granted except
by him or her or by the presiding judge of the appropriate regional
office of the Office of Administrative Hearings, for good cause
shown.
   (b) When seeking a continuance, a party shall apply for the
continuance within 10 working days following the time the party
discovered or reasonably should have discovered the event or
occurrence which establishes the good cause for the continuance. A
continuance may be granted for good cause after the 10 working days
have lapsed if the party seeking the continuance is not responsible
for and has made a good faith effort to prevent the condition or
event establishing the good cause.
   (c) In the event that an application for a continuance by a party
is denied by an administrative law judge of the Office of
Administrative Hearings, and the party seeks judicial review thereof,
the party shall, within 10 working days of the denial, make
application for appropriate judicial relief in the superior court or
be barred from judicial review thereof as a matter of jurisdiction. A
party applying for judicial relief from the denial shall give notice
to the agency and other parties. Notwithstanding Section 1010 of the
Code of Civil Procedure, the notice may be either oral at the time
of the denial of application for a continuance or written at the same
time application is made in court for judicial relief. This
subdivision does not apply to the Department of Alcoholic Beverage
Control.



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 oaths and affirmations and to
certify to official acts.


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, or imposing drug testing,
continuing education, supervision of procedures, or other license
restrictions. Interim orders may be issued only if the affidavits in
support of the petition show that the licensee has engaged in, or is
about to engage in, acts or omissions constituting a violation of the
Medical Practice Act or the appropriate practice act governing each
allied health profession, or is unable to practice safely due to a
mental or physical condition, and that permitting the licensee to
continue to engage in the profession for which the license was issued
will endanger the public health, safety, or welfare.
   (b) All orders authorized by this section shall be issued only
after a hearing conducted pursuant to subdivision (d), unless it
appears from the facts shown by affidavit that serious injury would
result to the public before the matter can be heard on notice. Except
as provided in subdivision (c), the licensee shall receive at least
15 days' prior notice of the hearing, which notice shall include
affidavits and all other information in support of the order.
   (c) If an interim order is issued without notice, the
administrative law judge who issued the order without notice shall
cause the licensee to be notified of the order, including affidavits
and all other information in support of the order by a 24-hour
delivery service. That notice shall also include the date of the
hearing on the order, which shall be conducted in accordance with the
requirement of subdivision (d), not later than 20 days from the date
of issuance. The order shall be dissolved unless the requirements of
subdivision (a) are satisfied.
   (d) For the purposes of the hearing conducted pursuant to this
section, the licentiate shall, at a minimum, have the following
rights:
   (1) To be represented by counsel.
   (2) To have a record made of the proceedings, copies of which may
be obtained by the licentiate upon payment of any reasonable charges
associated with the record.
   (3) To present written evidence in the form of relevant
declarations, affidavits, and documents.
   The discretion of the administrative law judge to permit testimony
at the hearing conducted pursuant to this section shall be identical
to the discretion of a superior court judge to permit testimony at a
hearing conducted pursuant to Section 527 of the Code of Civil
Procedure.
   (4) To present oral argument.
   (e) Consistent with the burden and standards of proof applicable
to a preliminary injunction entered under Section 527 of the Code of
Civil Procedure, the administrative law judge shall grant the interim
order where, in the exercise of discretion, the administrative law
judge concludes that:
   (1) There is a reasonable probability that the petitioner will
prevail in the underlying action.
   (2) The likelihood of injury to the public in not issuing the
order outweighs the likelihood of injury to the licensee in issuing
the order.
   (f) In all cases where an interim order is issued, and an
accusation is not filed and served pursuant to Sections 11503 and
11505 within 15 days of the date in which the parties to the hearing
on the interim order have submitted the matter, the order shall be
dissolved.
   Upon service of the accusation the licensee shall have, in
addition to the rights granted by this section, all of the rights and
privileges available as specified in this chapter. If the licensee
requests a hearing on the accusation, the board shall provide the
licensee with a hearing within 30 days of the request, unless the
licensee stipulates to a later hearing, and a decision within 15 days
of the date the decision is received from the administrative law
judge, or the board shall nullify the interim order previously
issued, unless good cause can be shown by the Division of Medical
Quality for a delay.
   (g) Where an interim order is issued, a written decision shall be
prepared within 15 days of the hearing, by the administrative law
judge, including findings of fact and a conclusion articulating the
connection between the evidence produced at the hearing and the
decision reached.
   (h) Notwithstanding the fact that interim orders issued pursuant
to this section are not issued after a hearing as otherwise required
by this chapter, interim orders so issued shall be subject to
judicial review pursuant to Section 1094.5 of the Code of Civil
Procedure. The relief which may be ordered shall be limited to a stay
of the interim order. Interim orders issued pursuant to this section
are final interim orders and, if not dissolved pursuant to
subdivision (c) or (f), may only be challenged administratively at
the hearing on the accusation.
   (i) The interim order provided for by this section shall be:
   (1) In addition to, and not a limitation on, the authority to seek
injunctive relief provided for in the Business and Professions Code.
   (2) A limitation on the emergency decision procedure provided in
Article 13 (commencing with Section 11460.10) of Chapter 4.5.