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
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
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
