Article 9 - General Procedural Provisions

California Government Code — §§ 11440.10-11440.60

Sections (7)

Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.

(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

Amended by Stats. 2021, Ch. 401, Sec. 12. (AB 1578) Effective January 1, 2022.

Service of a writing or electronic document 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, electronic document, or notice shall be delivered personally or sent by mail, electronic, 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

Amended by Stats. 2021, Ch. 401, Sec. 13. (AB 1578) Effective January 1, 2022.

(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)(1) Except as provided in paragraph (2), the presiding officer may not conduct all of a hearing by telephone, television, or other electronic means if a party objects.

(2)If a party objects pursuant to paragraph (1) to a hearing being conducted by electronic means, the presiding officer shall consider the objections and may, in the presiding officer’s discretion,

structure the hearing to address the party’s specific objections and may require the presiding officer, parties, and witnesses, or a subset of parties and witnesses based on the specific objections, to be present in a physical location during all or part of the hearing.

(c)Subdivision (b) is not a limitation on the presiding officer transmitting the hearing by telephone, television, or other electronic means or receiving comments via electronic means from participants who are not parties or witnesses.

§ 11440.40

Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.

(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

Added by Stats. 2002, Ch. 92, Sec. 1. Effective January 1, 2003.

(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

Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.

(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

Added by Stats. 1997, Ch. 192, Sec. 1. Effective January 1, 1998.

(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.