11440.10. (a) The agency head may do any of the following with
respect to a decision of the presiding officer or the agency:
(1) Determine to review some but not all issues, or not to
exercise any review.
(2) Delegate its review authority to one or more persons.
(3) Authorize review by one or more persons, subject to further
review by the agency head.
(b) By regulation an agency may mandate review, or may preclude or
limit review, of a decision of the presiding officer or the agency.
11440.20. Service of a writing on, or giving of a notice to, a
person in a procedure provided in this chapter is subject to the
following provisions:
(a) The writing or notice shall be delivered personally or sent by
mail or other means to the person at the person's last known address
or, if the person is a party with an attorney or other authorized
representative of record in the proceeding, to the party's attorney
or other authorized representative. If a party is required by statute
or regulation to maintain an address with an agency, the party's
last known address is the address maintained with the agency.
(b) Unless a provision specifies the form of mail, service or
notice by mail may be by first-class mail, registered mail, or
certified mail, by mail delivery service, by facsimile transmission
if complete and without error, or by other electronic means as
provided by regulation, in the discretion of the sender.
11440.30. (a) The presiding officer may conduct all or part of a
hearing by telephone, television, or other electronic means if each
participant in the hearing has an opportunity to participate in and
to hear the entire proceeding while it is taking place and to observe
exhibits.
(b) The presiding officer may not conduct all or part of a hearing
by telephone, television, or other electronic means if a party
objects.
11440.40. (a) In any proceeding under subdivision (h) or (i) of
Section 12940, or Section 19572 or 19702, alleging conduct that
constitutes sexual harassment, sexual assault, or sexual battery,
evidence of specific instances of a complainant's sexual conduct with
individuals other than the alleged perpetrator is subject to all of
the following limitations:
(1) The evidence is not discoverable unless it is to be offered at
a hearing to attack the credibility of the complainant as provided
for under subdivision (b). This paragraph is intended only to limit
the scope of discovery; it is not intended to affect the methods of
discovery allowed by statute.
(2) The evidence is not admissible at the hearing unless offered
to attack the credibility of the complainant as provided for under
subdivision (b). Reputation or opinion evidence regarding the sexual
behavior of the complainant is not admissible for any purpose.
(b) Evidence of specific instances of a complainant's sexual
conduct with individuals other than the alleged perpetrator is
presumed inadmissible absent an offer of proof establishing its
relevance and reliability and that its probative value is not
substantially outweighed by the probability that its admission will
create substantial danger of undue prejudice or confuse the issue.
(c) As used in this section "complainant" means a person claiming
to have been subjected to conduct that constitutes sexual harassment,
sexual assault, or sexual battery.
11440.45. (a) In any proceedings pursuant to this chapter or
Chapter 5 (commencing with Section 11500), the portion of statements,
writings, or benevolent gestures expressing sympathy or a general
sense of benevolence relating to the pain, suffering, or death of a
person involved in an accident and made to that person or to the
family of that person shall be inadmissible as evidence of an
admission of liability. A statement of fault, however, which is part
of, or in addition to, any of the above shall not be inadmissible
pursuant to this section.
(b) For purposes of this section:
(1) "Accident" means an occurrence resulting in injury or death to
one or more persons which is not the result of willful action by a
party.
(2) "Benevolent gestures" means actions which convey a sense of
compassion or commiseration emanating from humane impulses.
(3) "Family" means the spouse, parent, grandparent, stepmother,
stepfather, child, grandchild, brother, sister, half brother, half
sister, adopted children of parent, or spouse's parents of an injured
party.
11440.50. (a) This section applies in adjudicative proceedings of
an agency if the agency by regulation provides that this section is
applicable in the proceedings.
(b) The presiding officer shall grant a motion for intervention if
all of the following conditions are satisfied:
(1) The motion is submitted in writing, with copies served on all
parties named in the agency's pleading.
(2) The motion is made as early as practicable in advance of the
hearing. If there is a prehearing conference, the motion shall be
made in advance of the prehearing conference and shall be resolved at
the prehearing conference.
(3) The motion states facts demonstrating that the applicant's
legal rights, duties, privileges, or immunities will be substantially
affected by the proceeding or that the applicant qualifies as an
intervenor under a statute or regulation.
(4) The presiding officer determines that the interests of justice
and the orderly and prompt conduct of the proceeding will not be
impaired by allowing the intervention.
(c) If an applicant qualifies for intervention, the presiding
officer may impose conditions on the intervenor's participation in
the proceeding, either at the time that intervention is granted or at
a subsequent time. Conditions may include the following:
(1) Limiting the intervenor's participation to designated issues
in which the intervenor has a particular interest demonstrated by the
motion.
(2) Limiting or excluding the use of discovery, cross-examination,
and other procedures involving the intervenor so as to promote the
orderly and prompt conduct of the proceeding.
(3) Requiring two or more intervenors to combine their
presentations of evidence and argument, cross-examination, discovery,
and other participation in the proceeding.
(4) Limiting or excluding the intervenor's participation in
settlement negotiations.
(d) As early as practicable in advance of the hearing the
presiding officer shall issue an order granting or denying the motion
for intervention, specifying any conditions, and briefly stating the
reasons for the order. The presiding officer may modify the order at
any time, stating the reasons for the modification. The presiding
officer shall promptly give notice of an order granting, denying, or
modifying intervention to the applicant and to all parties.
(e) Whether the interests of justice and the orderly and prompt
conduct of the proceedings will be impaired by allowing intervention
is a determination to be made in the sole discretion, and based on
the knowledge and judgment at that time, of the presiding officer.
The determination is not subject to administrative or judicial
review.
(f) Nothing in this section precludes an agency from adopting a
regulation that permits participation by a person short of
intervention as a party, subject to Article 7 (commencing with
Section 11430.10) of Chapter 4.5.
11440.60. (a) For purposes of this section, the following terms
have the following meaning:
(1) "Quasi-judicial proceeding" means any of the following:
(A) A proceeding to determine the rights or duties of a person
under existing laws, regulations, or policies.
(B) A proceeding involving the issuance, amendment, or revocation
of a permit or license.
(C) A proceeding to enforce compliance with existing law or to
impose sanctions for violations of existing law.
(D) A proceeding at which action is taken involving the purchase
or sale of property, goods, or services by an agency.
(E) A proceeding at which an action is taken awarding a grant or a
contract.
(2) "Written communication" means any report, study, survey,
analysis, letter, or any other written document.
(b) Any person submitting a written communication, which is
specifically generated for the purpose of being presented at the
agency hearing to which it is being communicated, to a state agency
in a quasi-judicial proceeding that is directly paid for by anyone
other than the person who submitted the written communication shall
clearly indicate any person who paid to produce the written
communication.
(c) A state agency may refuse or ignore a written communication
submitted by an attorney or any other authorized representative on
behalf of a client in a quasi-judicial proceeding, unless the written
communication clearly indicates the client on whose behalf the
communication is submitted to the state agency.
11440.10. (a) The agency head may do any of the following with
respect to a decision of the presiding officer or the agency:
(1) Determine to review some but not all issues, or not to
exercise any review.
(2) Delegate its review authority to one or more persons.
(3) Authorize review by one or more persons, subject to further
review by the agency head.
(b) By regulation an agency may mandate review, or may preclude or
limit review, of a decision of the presiding officer or the agency.
11440.20. Service of a writing on, or giving of a notice to, a
person in a procedure provided in this chapter is subject to the
following provisions:
(a) The writing or notice shall be delivered personally or sent by
mail or other means to the person at the person's last known address
or, if the person is a party with an attorney or other authorized
representative of record in the proceeding, to the party's attorney
or other authorized representative. If a party is required by statute
or regulation to maintain an address with an agency, the party's
last known address is the address maintained with the agency.
(b) Unless a provision specifies the form of mail, service or
notice by mail may be by first-class mail, registered mail, or
certified mail, by mail delivery service, by facsimile transmission
if complete and without error, or by other electronic means as
provided by regulation, in the discretion of the sender.
11440.30. (a) The presiding officer may conduct all or part of a
hearing by telephone, television, or other electronic means if each
participant in the hearing has an opportunity to participate in and
to hear the entire proceeding while it is taking place and to observe
exhibits.
(b) The presiding officer may not conduct all or part of a hearing
by telephone, television, or other electronic means if a party
objects.
11440.40. (a) In any proceeding under subdivision (h) or (i) of
Section 12940, or Section 19572 or 19702, alleging conduct that
constitutes sexual harassment, sexual assault, or sexual battery,
evidence of specific instances of a complainant's sexual conduct with
individuals other than the alleged perpetrator is subject to all of
the following limitations:
(1) The evidence is not discoverable unless it is to be offered at
a hearing to attack the credibility of the complainant as provided
for under subdivision (b). This paragraph is intended only to limit
the scope of discovery; it is not intended to affect the methods of
discovery allowed by statute.
(2) The evidence is not admissible at the hearing unless offered
to attack the credibility of the complainant as provided for under
subdivision (b). Reputation or opinion evidence regarding the sexual
behavior of the complainant is not admissible for any purpose.
(b) Evidence of specific instances of a complainant's sexual
conduct with individuals other than the alleged perpetrator is
presumed inadmissible absent an offer of proof establishing its
relevance and reliability and that its probative value is not
substantially outweighed by the probability that its admission will
create substantial danger of undue prejudice or confuse the issue.
(c) As used in this section "complainant" means a person claiming
to have been subjected to conduct that constitutes sexual harassment,
sexual assault, or sexual battery.
11440.45. (a) In any proceedings pursuant to this chapter or
Chapter 5 (commencing with Section 11500), the portion of statements,
writings, or benevolent gestures expressing sympathy or a general
sense of benevolence relating to the pain, suffering, or death of a
person involved in an accident and made to that person or to the
family of that person shall be inadmissible as evidence of an
admission of liability. A statement of fault, however, which is part
of, or in addition to, any of the above shall not be inadmissible
pursuant to this section.
(b) For purposes of this section:
(1) "Accident" means an occurrence resulting in injury or death to
one or more persons which is not the result of willful action by a
party.
(2) "Benevolent gestures" means actions which convey a sense of
compassion or commiseration emanating from humane impulses.
(3) "Family" means the spouse, parent, grandparent, stepmother,
stepfather, child, grandchild, brother, sister, half brother, half
sister, adopted children of parent, or spouse's parents of an injured
party.
11440.50. (a) This section applies in adjudicative proceedings of
an agency if the agency by regulation provides that this section is
applicable in the proceedings.
(b) The presiding officer shall grant a motion for intervention if
all of the following conditions are satisfied:
(1) The motion is submitted in writing, with copies served on all
parties named in the agency's pleading.
(2) The motion is made as early as practicable in advance of the
hearing. If there is a prehearing conference, the motion shall be
made in advance of the prehearing conference and shall be resolved at
the prehearing conference.
(3) The motion states facts demonstrating that the applicant's
legal rights, duties, privileges, or immunities will be substantially
affected by the proceeding or that the applicant qualifies as an
intervenor under a statute or regulation.
(4) The presiding officer determines that the interests of justice
and the orderly and prompt conduct of the proceeding will not be
impaired by allowing the intervention.
(c) If an applicant qualifies for intervention, the presiding
officer may impose conditions on the intervenor's participation in
the proceeding, either at the time that intervention is granted or at
a subsequent time. Conditions may include the following:
(1) Limiting the intervenor's participation to designated issues
in which the intervenor has a particular interest demonstrated by the
motion.
(2) Limiting or excluding the use of discovery, cross-examination,
and other procedures involving the intervenor so as to promote the
orderly and prompt conduct of the proceeding.
(3) Requiring two or more intervenors to combine their
presentations of evidence and argument, cross-examination, discovery,
and other participation in the proceeding.
(4) Limiting or excluding the intervenor's participation in
settlement negotiations.
(d) As early as practicable in advance of the hearing the
presiding officer shall issue an order granting or denying the motion
for intervention, specifying any conditions, and briefly stating the
reasons for the order. The presiding officer may modify the order at
any time, stating the reasons for the modification. The presiding
officer shall promptly give notice of an order granting, denying, or
modifying intervention to the applicant and to all parties.
(e) Whether the interests of justice and the orderly and prompt
conduct of the proceedings will be impaired by allowing intervention
is a determination to be made in the sole discretion, and based on
the knowledge and judgment at that time, of the presiding officer.
The determination is not subject to administrative or judicial
review.
(f) Nothing in this section precludes an agency from adopting a
regulation that permits participation by a person short of
intervention as a party, subject to Article 7 (commencing with
Section 11430.10) of Chapter 4.5.
11440.60. (a) For purposes of this section, the following terms
have the following meaning:
(1) "Quasi-judicial proceeding" means any of the following:
(A) A proceeding to determine the rights or duties of a person
under existing laws, regulations, or policies.
(B) A proceeding involving the issuance, amendment, or revocation
of a permit or license.
(C) A proceeding to enforce compliance with existing law or to
impose sanctions for violations of existing law.
(D) A proceeding at which action is taken involving the purchase
or sale of property, goods, or services by an agency.
(E) A proceeding at which an action is taken awarding a grant or a
contract.
(2) "Written communication" means any report, study, survey,
analysis, letter, or any other written document.
(b) Any person submitting a written communication, which is
specifically generated for the purpose of being presented at the
agency hearing to which it is being communicated, to a state agency
in a quasi-judicial proceeding that is directly paid for by anyone
other than the person who submitted the written communication shall
clearly indicate any person who paid to produce the written
communication.
(c) A state agency may refuse or ignore a written communication
submitted by an attorney or any other authorized representative on
behalf of a client in a quasi-judicial proceeding, unless the written
communication clearly indicates the client on whose behalf the
communication is submitted to the state agency.
11440.10. (a) The agency head may do any of the following with
respect to a decision of the presiding officer or the agency:
(1) Determine to review some but not all issues, or not to
exercise any review.
(2) Delegate its review authority to one or more persons.
(3) Authorize review by one or more persons, subject to further
review by the agency head.
(b) By regulation an agency may mandate review, or may preclude or
limit review, of a decision of the presiding officer or the agency.
11440.20. Service of a writing on, or giving of a notice to, a
person in a procedure provided in this chapter is subject to the
following provisions:
(a) The writing or notice shall be delivered personally or sent by
mail or other means to the person at the person's last known address
or, if the person is a party with an attorney or other authorized
representative of record in the proceeding, to the party's attorney
or other authorized representative. If a party is required by statute
or regulation to maintain an address with an agency, the party's
last known address is the address maintained with the agency.
(b) Unless a provision specifies the form of mail, service or
notice by mail may be by first-class mail, registered mail, or
certified mail, by mail delivery service, by facsimile transmission
if complete and without error, or by other electronic means as
provided by regulation, in the discretion of the sender.
11440.30. (a) The presiding officer may conduct all or part of a
hearing by telephone, television, or other electronic means if each
participant in the hearing has an opportunity to participate in and
to hear the entire proceeding while it is taking place and to observe
exhibits.
(b) The presiding officer may not conduct all or part of a hearing
by telephone, television, or other electronic means if a party
objects.
11440.40. (a) In any proceeding under subdivision (h) or (i) of
Section 12940, or Section 19572 or 19702, alleging conduct that
constitutes sexual harassment, sexual assault, or sexual battery,
evidence of specific instances of a complainant's sexual conduct with
individuals other than the alleged perpetrator is subject to all of
the following limitations:
(1) The evidence is not discoverable unless it is to be offered at
a hearing to attack the credibility of the complainant as provided
for under subdivision (b). This paragraph is intended only to limit
the scope of discovery; it is not intended to affect the methods of
discovery allowed by statute.
(2) The evidence is not admissible at the hearing unless offered
to attack the credibility of the complainant as provided for under
subdivision (b). Reputation or opinion evidence regarding the sexual
behavior of the complainant is not admissible for any purpose.
(b) Evidence of specific instances of a complainant's sexual
conduct with individuals other than the alleged perpetrator is
presumed inadmissible absent an offer of proof establishing its
relevance and reliability and that its probative value is not
substantially outweighed by the probability that its admission will
create substantial danger of undue prejudice or confuse the issue.
(c) As used in this section "complainant" means a person claiming
to have been subjected to conduct that constitutes sexual harassment,
sexual assault, or sexual battery.
11440.45. (a) In any proceedings pursuant to this chapter or
Chapter 5 (commencing with Section 11500), the portion of statements,
writings, or benevolent gestures expressing sympathy or a general
sense of benevolence relating to the pain, suffering, or death of a
person involved in an accident and made to that person or to the
family of that person shall be inadmissible as evidence of an
admission of liability. A statement of fault, however, which is part
of, or in addition to, any of the above shall not be inadmissible
pursuant to this section.
(b) For purposes of this section:
(1) "Accident" means an occurrence resulting in injury or death to
one or more persons which is not the result of willful action by a
party.
(2) "Benevolent gestures" means actions which convey a sense of
compassion or commiseration emanating from humane impulses.
(3) "Family" means the spouse, parent, grandparent, stepmother,
stepfather, child, grandchild, brother, sister, half brother, half
sister, adopted children of parent, or spouse's parents of an injured
party.
11440.50. (a) This section applies in adjudicative proceedings of
an agency if the agency by regulation provides that this section is
applicable in the proceedings.
(b) The presiding officer shall grant a motion for intervention if
all of the following conditions are satisfied:
(1) The motion is submitted in writing, with copies served on all
parties named in the agency's pleading.
(2) The motion is made as early as practicable in advance of the
hearing. If there is a prehearing conference, the motion shall be
made in advance of the prehearing conference and shall be resolved at
the prehearing conference.
(3) The motion states facts demonstrating that the applicant's
legal rights, duties, privileges, or immunities will be substantially
affected by the proceeding or that the applicant qualifies as an
intervenor under a statute or regulation.
(4) The presiding officer determines that the interests of justice
and the orderly and prompt conduct of the proceeding will not be
impaired by allowing the intervention.
(c) If an applicant qualifies for intervention, the presiding
officer may impose conditions on the intervenor's participation in
the proceeding, either at the time that intervention is granted or at
a subsequent time. Conditions may include the following:
(1) Limiting the intervenor's participation to designated issues
in which the intervenor has a particular interest demonstrated by the
motion.
(2) Limiting or excluding the use of discovery, cross-examination,
and other procedures involving the intervenor so as to promote the
orderly and prompt conduct of the proceeding.
(3) Requiring two or more intervenors to combine their
presentations of evidence and argument, cross-examination, discovery,
and other participation in the proceeding.
(4) Limiting or excluding the intervenor's participation in
settlement negotiations.
(d) As early as practicable in advance of the hearing the
presiding officer shall issue an order granting or denying the motion
for intervention, specifying any conditions, and briefly stating the
reasons for the order. The presiding officer may modify the order at
any time, stating the reasons for the modification. The presiding
officer shall promptly give notice of an order granting, denying, or
modifying intervention to the applicant and to all parties.
(e) Whether the interests of justice and the orderly and prompt
conduct of the proceedings will be impaired by allowing intervention
is a determination to be made in the sole discretion, and based on
the knowledge and judgment at that time, of the presiding officer.
The determination is not subject to administrative or judicial
review.
(f) Nothing in this section precludes an agency from adopting a
regulation that permits participation by a person short of
intervention as a party, subject to Article 7 (commencing with
Section 11430.10) of Chapter 4.5.
11440.60. (a) For purposes of this section, the following terms
have the following meaning:
(1) "Quasi-judicial proceeding" means any of the following:
(A) A proceeding to determine the rights or duties of a person
under existing laws, regulations, or policies.
(B) A proceeding involving the issuance, amendment, or revocation
of a permit or license.
(C) A proceeding to enforce compliance with existing law or to
impose sanctions for violations of existing law.
(D) A proceeding at which action is taken involving the purchase
or sale of property, goods, or services by an agency.
(E) A proceeding at which an action is taken awarding a grant or a
contract.
(2) "Written communication" means any report, study, survey,
analysis, letter, or any other written document.
(b) Any person submitting a written communication, which is
specifically generated for the purpose of being presented at the
agency hearing to which it is being communicated, to a state agency
in a quasi-judicial proceeding that is directly paid for by anyone
other than the person who submitted the written communication shall
clearly indicate any person who paid to produce the written
communication.
(c) A state agency may refuse or ignore a written communication
submitted by an attorney or any other authorized representative on
behalf of a client in a quasi-judicial proceeding, unless the written
communication clearly indicates the client on whose behalf the
communication is submitted to the state agency.
