reglab/statecodes huggingface dataset:
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 2 - Underground Regulations › Section 280 - Suspension of Actions Regarding Underground Regulations (Section 280 Certification)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) Any action of OAL pursuant to this
				chapter in connection with a petition shall be suspended if, prior to filing
				its determination with the Secretary of State, OAL receives a written
				certification from the challenged agency that it will not issue, use, enforce,
				or attempt to enforce the challenged rule
(2) With submission of the written
				certification to OAL, the challenged agency must also provide written
				confirmation that the certification was provided to the petitioner. The
				challenged agency's written confirmation must include the address or e-mail
				address where sent, as applicable. When the written certification is submitted
				to OAL and the petitioner concurrently in the same e-mail, and the e-mail
				address of the petitioner is visible to OAL, the e-mail satisfies the written
				confirmation requirement.
(3) The
				challenged agency's written certification shall be signed by the head of the
				challenged agency or a person with a written delegation of authority from the
				head of the challenged agency.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1000 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations specify the procedures for the conduct of
				  matters before the Office of Administrative Hearings. Parties should also refer
				  to the Administrative Procedure Act (Government Code sections
				  11370
				  through
				  11529)
				  and/or other laws which apply to their Case. When a statute is in conflict or
				  inconsistent with these regulations, the statute shall take precedence.
1. New section
				  filed 6-30-97 as an interim regulation pursuant to Government Code section
				  11400.20;
				  operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98
				  unless earlier repealed or amended.
2. Amendment of subsection (a)
				  filed 8-27-97 as an interim regulation pursuant to Government Code section
				  11400.20;
				  operative 8-27-97 (Register 97, No. 35). Interim regulations expire on 12-31-98
				  unless earlier amended or repealed.
3. Interim regulation, including
				  repealer of subsection (a) designator, amendment of text, repealer of
				  subsection (b) and amendment of NOTE, field 5-19-98 as a permanent regulation
				  pursuant to Government Code section
				  11400.20;
				  operative 5-30-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 21).
4. Amendment of division heading and chapter
				  heading filed 7-1-2003; operative 7-1-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 27).
5. Amendment filed 10-13-2004; operative
				  12-1-2004 (Register 2004, No. 42).
Note: Authority cited: Section
					 11370.5(b),
					 Government Code. Reference: Sections
					 11370-
					 11529,
					 Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1002 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
				used in these regulations, the following definitions apply:
(1) "ALJ" means an administrative law judge
				of the Office of Administrative Hearings.
(2) "Case" means the administrative action
				referred by an agency to OAH.
(3)
				"Day" means a calendar day, unless otherwise specified.
(4) "Declaration" means a statement under
				penalty of perjury that complies with Code of Civil Procedure section
				2015.5.
(5) "Hearing" means the adjudicative hearing
				on the merits of the Case.
(6)
				"Motions" shall include all motions or applications for orders.
(7) "OAH" means the Office of Administrative
				Hearings. Unless otherwise specified, "OAH" means the appropriate regional
				office to which the Case is assigned.
(8) "Presiding Judge" means the Presiding
				Judge of the regional office of the Office of Administrative Hearings or his or
				her designee.
(9) "Serve" or
				"Service" of papers means delivery of the document by the means specified in
				Regulation 1008 and as required by law.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1004 - Construction of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
				used in these regulations, words in the singular shall include the plural and
				words in the plural shall include the singular, unless the context otherwise
				requires.
(b) Statutory references
				are to the Government Code unless otherwise specified.
(c) In these regulations, whenever a time is
				stated within which an act is to be done, the time is computed by excluding the
				first Day and including the last Day. If the last Day is any day OAH is closed
				for business, that Day is also excluded.
(d) Time limits set forth in these
				regulations are not jurisdictional.
1. New section
				  filed 6-30-97 as an interim regulation pursuant to Government Code section
				  11400.20;
				  operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98
				  unless earlier repealed or amended.
2. Interim regulation, including
				  amendment of section heading, subsection (d) and NOTE, field 5-19-98 as a
				  permanent regulation pursuant to Government Code section
				  11400.20;
				  operative 5-30-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 21).
3. Repealer of subsection (a), subsection
				  relettering and amendment of newly designated subsection (c) filed 10-13-2004;
				  operative 12-1-2004 (Register 2004, No. 42).
Note: Authority cited: Section
					 11370.5(b),
					 Government Code. Reference: Section
					 11370.5(b),
					 Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1006 - Format and Filing of Papers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				After a Case has been assigned to a regional office of OAH for Hearing, all
				papers filed pursuant to any provision of law, regulation, or ALJ order shall
				be filed at that regional office within applicable time limits.
(b) The first page of each paper filed should
				include the following:
(1) The name, address,
				and telephone number of the person filing the paper, including the State Bar
				number if the person filing the paper is an attorney;
(2) A caption setting forth the title of the
				Case, including the names of the agency and the respondent;
(3) The agency case number;
(4) The OAH Case number, if
				assigned;
(5) A brief title
				describing the paper filed;
(6) The
				dates of the Hearing and any future prehearing or settlement conferences, if
				known.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1008 - Service; Proof of Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Proof of Service of papers shall be a Declaration stating the title of the
				paper Served or filed, the name and address of the person making the Service,
				and that he or she is over the age of 18 years and not a party to the
				matter.
(b) Service may be made by
				leaving the paper at the residence or business of the person named to be
				Served, with a person not less than 18 years of age. Where Service is made in
				this manner, the proof of Service shall also state the date and place of
				delivery and the name of the person to whom the papers were handed. Where the
				person making the Service is unable to obtain the name of the person to whom
				the papers were handed, the person making the Service may substitute a physical
				description for the name.
(c) Where
				Service is made by mail, the proof of Service shall show the date and place of
				deposit in the mail, the name and address of the person Served as shown on the
				mailing envelope and that the envelope was sealed and deposited in the mail
				with the postage fully prepaid.
(d)
				Where Service is by facsimile the proof of Service shall state the method of
				Service upon each party, the date and time sent and the facsimile number to
				which the document was sent.
(e)
				The proof of Service shall be signed by the person making it and contain the
				following statement above the signature:
"I declare under penalty of perjury under the laws of the
				  State of California that the foregoing is true and correct, and this
				  Declaration was executed at (
city
,
state
) on (
date
)."
The name of the declarant shall be typed and signed below
				  this statement.
(f) A proof
				of Service made in accordance with Code of Civil Procedure section
				1013a
				complies with this Regulation.
1. New section
				  filed 6-30-97 as an interim regulation pursuant to Government Code section
				  11400.20;
				  operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98
				  unless earlier repealed or amended.
2. Interim regulation, including
				  amendment of subsections (a)-(e), filed 5-19-98 as a permanent regulation
				  pursuant to Government Code section
				  11400.20;
				  operative 5-30-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 21).
3. Amendment filed 10-13-2004; operative
				  12-1-2004 (Register 2004, No. 42).
Note: Authority cited: Section
					 11370.5(b),
					 Government Code. Reference: Section
					 11440.20,
					 Government Code; and Section
					 1013a,
					 Code of Civil Procedure.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1012 - Ex Parte Petitions and Applications for Temporary or Interim Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				This regulation applies to any
ex parte
petition or
				application an agency files with OAH for temporary relief or interim orders
				specifically authorized by statute or regulation.
(b) Absent a showing of good cause, parties
				shall be given at least 24 hours notice of the specific relief sought and the
				date, time, and place of the
ex parte
proceeding. Notice may
				be given by telephone or facsimile transmission.
(c) At the time of the
ex
				parte
appearance the petitioner or applicant shall submit a written
				Declaration stating the manner in which the notice was given.
(d) If prior notice was not given, the
				petitioner or applicant shall submit a written Declaration stating the facts
				showing cause why the notice under subdivision (b) could not be given or should
				not be required.
(e)
Ex
				parte
petitions and applications shall be in writing and comply with
				Regulation 1006. The petition or application shall state the statutory
				authority for the temporary relief and include a proposed order.
(f) Except as provided in Regulation 1022(b),
				Regulation 1022 does not apply to
Ex parte
petitions and
				applications filed under this regulation.
1. New section
				  filed 6-30-97 as an interim regulation pursuant to Government Code section
				  11400.20;
				  operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98
				  unless earlier repealed or amended.
2. Interim regulation, including
				  amendment of subsections (c) and (d), filed 5-19-98 as a permanent regulation
				  pursuant to Government Code section
				  11400.20;
				  operative 5-30-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 21).
3. Amendment of section heading and section
				  filed 10-13-2004; operative 12-1-2004 (Register 2004, No. 42).
Note: Authority cited: Section
					 11370.5(b),
					 Government Code. Reference: Section
					 494,
					 Business and Professions Code; Sections
					 1550.5
					 and
					 1558,
					 Health and Safety Code; and Section
					 11529,
					 Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1014 - Pleadings; Notice of Defense; Withdrawal of Notice of Defense

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				When a party amends a pleading, the party shall Serve on all other parties and
				promptly file with OAH a complete, new pleading incorporating the amendments.
				The new pleading shall be titled a "First Amended" pleading, and subsequent
				amended pleadings shall be titled consecutively. If the amendments are made
				during the Hearing, the party shall use highlighting or any other effective
				method to identify the changes made to the pleading. The ALJ may allow
				exceptions for minor amendments during Hearing.
(b) OAH prefers amended to supplemental
				pleadings. However, if a party issues a supplemental pleading, the party shall
				Serve on all other parties and promptly file with OAH the supplemental pleading
				which shall be titled a "First Supplemental" pleading. Subsequent supplemental
				pleadings shall be titled consecutively.
(c) A party who withdraws a notice of
				defense, a request for Hearing, or an asserted special defense shall
				immediately notify OAH and all other parties.
(d) When a party withdraws a notice of
				defense or a request for Hearing, the agency shall promptly notify OAH of the
				agency's decision either to proceed with the Hearing as a default or request
				that the scheduled Hearing be taken off calendar as a result of the party's
				withdrawal of the notice of defense or request for Hearing. If the agency's
				request to take the Hearing off calendar is made before the scheduled Hearing,
				the agency shall file the request in writing and include the name of the party
				who has withdrawn the notice of defense or request for Hearing.
1. New section
				  filed 6-30-97 as an interim regulation pursuant to Government Code section
				  11400.20;
				  operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98
				  unless earlier repealed or amended.
2. Interim regulation filed
				  5-19-98 as a permanent regulation pursuant to Government Code section
				  11400.20;
				  operative 5-30-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 21).
3. Amendment of section heading and section
				  filed 10-13-2004; operative 12-1-2004 (Register 2004, No. 42).
Note: Authority cited: Section
					 11370.5(b),
					 Government Code. Reference: Sections
					 11505,
					 11506 and
					 11507,
					 Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1015 - Notice of Representation and Withdrawal of Counsel or Other Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Any counsel or other representative who has assumed representation of a party
				after the agency has referred a Case to OAH shall give written notice to OAH
				and all other parties of his or her name, address, telephone and fax number (if
				any) and the name of the represented party, within a reasonable time after
				assuming representation.
(b) Any
				counsel or other representative may withdraw as counsel or representative of
				record by giving written notice to OAH and all parties of the withdrawal. The
				written notice shall include the last known address of the formerly represented
				party.
(c) Upon withdrawal by
				counsel or other representative:
(1) OAH
				retains jurisdiction over the Case.
(2) The formerly represented party bears the
				burden of keeping OAH and all other parties informed of a current address for
				purposes of Service. If notice of address is not given, any party may Serve the
				formerly represented party at the last known address and the current address of
				record with the agency, if a statute or regulation requires the party to
				maintain an address with the agency and to notify the agency of any change of
				address.
(3) The formerly
				represented party is responsible for preparation and representation throughout
				the remainder of the Case, unless and until such party retains new counsel or
				other representative.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1016 - Consolidated Proceedings; Separate Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				party who brings a Motion for consolidated proceedings or separate Hearings
				pursuant to section
				11507.3 shall comply with
				Regulation 1022.
(b) Before an ALJ
				orders consolidated proceedings or separate Hearings pursuant to section
				11507.3, the ALJ shall provide
				notice to all parties and allow a reasonable time for the parties to file with
				OAH and Serve on all other parties any written opposition. Failure to file a
				timely opposition shall constitute a waiver of objection to an order of
				consolidation or severance.
(c) The
				parties may stipulate to consolidated proceedings or separate Hearings. In the
				event a stipulation is reached, the moving party shall file a written
				stipulation with OAH, signed by all parties, and with a signature line for the
				ALJ to order the consolidation. The ALJ has sole discretion to decide whether
				proceedings shall be consolidated or separated.
(d) If OAH consolidates Cases for Hearing,
				the ALJ shall prepare a separate proposed decision for each agency pleading
				that was consolidated, unless the agency requests or agrees
				otherwise.
1. New section
				  filed 6-30-97 as an interim regulation pursuant to Government Code section
				  11400.20;
				  operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98
				  unless earlier repealed or amended.
2. Interim regulation filed
				  5-19-98 as a permanent regulation pursuant to Government Code section
				  11400.20;
				  operative 5-30-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 21).
3. Amendment filed 10-13-2004; operative
				  12-1-2004 (Register 2004, No. 42).
Note: Authority cited: Section
					 11370.5(b),
					 Government Code. Reference: Section
					 11507.3,
					 Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1018 - Agency Request for Hearing; Required Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				agency's request to OAH to set a Hearing date shall be in writing and contain
				the following information:
(1) The title of
				the Case including the identities of the agency and respondent(s);
(2) The agency case number and, if known, the
				OAH number assigned to the Case;
(3) The names, addresses and phone numbers of
				all parties who must receive notice of the hearing and their representatives,
				if any;
(4) The time estimate for
				Hearing, taking into account the time for respondent's presentation of
				evidence;
(5) The dates the agency
				and its counsel are unavailable for Hearing over the next six months; and the
				unavailable dates of all other parties for Hearing, if known;
(6) Preferred Hearing dates, but only if the
				agency includes at least three alternative preferred Hearing dates and the
				agency confirms in the request either that all parties have agreed to the
				specific dates or that it has made reasonable efforts to confer with all other
				parties for mutually acceptable Hearing dates, and includes the reasonable
				efforts the agency has made;
(7) A
				reference to any statute or regulation (if other than section
				11517(c)) which
				specifies the time within which the Hearing shall be held or the proposed
				decision issued; and
(8) The city
				or county in which the Hearing will be held, pursuant to section
				11508.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1019 - Request for Security

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Any party or participant in a proceeding before OAH may request security for
				the proceeding. The request for security shall be made to the Presiding Judge
				as soon as the need for security is known.
(b) The Presiding Judge or the ALJ presiding
				over the proceeding may determine on his or her own initiative that security is
				required.
(c) To assure that
				appropriate safety measures are arranged, the person requesting security shall
				inform the Presiding Judge of the nature of the safety risk.
(d) If the request for security is made
				without sufficient time for OAH to obtain appropriate security, the Presiding
				Judge has discretion to continue the proceeding.
1. New section
				  filed 10-13-2004; operative 12-1-2004 (Register 2004, No. 42).
Note: Authority cited: Section
					 11370.5(b),
					 Government Code. Reference: Zaheri v New Motor Vehicle Board (1997) 55
					 Cal.App.4th 1305, 64 Cal.Rptr.2d 705.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1020 - Motion for Continuance of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				Case filed with OAH is assigned to the Presiding Judge until reassigned to
				another ALJ.
(b) A Motion to
				continue a Hearing shall be in writing, directed to the Presiding Judge, and
				Served on all other parties.
(c)
				Before filing the Motion, the moving party shall make reasonable efforts to
				confer with all other parties to determine whether any party opposes the Motion
				and to obtain future dates when all parties are unavailable for Hearing over
				the next six months and at least three alternative preferred future Hearing
				dates.
(d) The Motion shall include
				all facts which support a showing of good cause to continue the Hearing, as
				well as:
(1) the Case name, and OAH Case
				number;
(2) the date, time and
				place of the Hearing;
(3) the
				address and daytime telephone number of the moving party;
(4) the name, address and telephone number of
				all other parties;
(5) a list of
				all previous Motions to continue the Hearing and the dispositions
				thereof;
(6) whether or not any
				party opposes the Motion;
(7) any
				future dates when the parties are unavailable for Hearing over the next six
				months and any preferred future Hearing dates obtained pursuant to paragraph
				(c);
(8) if the moving party has
				not included all of the information required pursuant to this paragraph (d),
				the reasons why it is not included;
(9) a reference to any legal or other
				requirement to set the Hearing within a certain period of time, and whether or
				not the parties have waived the requirement.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1024 - Subpoenas; Motion for a Protective Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Subpoena forms are available from OAH. Subpoenas may also be issued pursuant to
				section 11450.20(a).
(b) A Motion pursuant to section
				11450.30 for a protective order,
				including a Motion to quash, shall be made in compliance with Regulation 1022.
				The Motion shall be made within a reasonable period after receipt of the
				subpoena. The person bringing the Motion shall Serve copies of the Motion on
				all parties and persons who are required by law to receive notice of the
				subpoena.
1. New section
				  filed 6-30-97 as an interim regulation pursuant to Government Code section
				  11400.20;
				  operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98
				  unless earlier repealed or amended.
2. Interim regulation, including
				  amendment of subsection (a) and NOTE, field 5-19-98 as a permanent regulation
				  pursuant to Government Code section
				  11400.20;
				  operative 5-30-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 21).
3. Amendment of section and NOTE field
				  10-13-2004; operative 12-1-2004 (Register 2004, No. 42).
Note: Authority cited: Section
					 11370.5(b),
					 Government Code. Reference: Sections
					 1985-
					 1985.4,
					 Code of Civil Procedure; and Sections
					 11450.05,
					 11450.20,
					 11450.50
					 and
					 11450.30,
					 Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1026 - Prehearing Conferences

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				After a Case is assigned to OAH, any party may file with OAH and Serve on all
				parties a request for a prehearing conference. A request for a prehearing
				conference shall be directed to the Presiding Judge and state the reasons for
				the conference. If the request is granted, OAH shall set the date and time for
				the conference. Regulation 1022 does not apply to a request for a prehearing
				conference.
(b) Motions to be heard
				at the prehearing conference shall be filed with OAH no later than 15 Days
				before the prehearing conference and shall otherwise comply with Regulation
				1022. Responses shall be filed with OAH no later than 3 business days prior to
				the prehearing conference. The ALJ may, in his or her discretion, allow oral
				Motions during the prehearing conference.
(c) A request to continue the date of the
				prehearing conference shall be directed to the Presiding Judge. After
				commencement of the prehearing conference, the assigned ALJ may continue it to
				any other convenient time prior to the Hearing date.
(d) At least 3 business days before a
				prehearing conference, each party shall file with OAH and Serve on all other
				parties a prehearing conference statement containing the following information:
(1) Identification of all operative pleadings
				by title and date signed;
(2) The
				party's current estimate of time necessary to try the Case;
(3) The name of each witness the party may
				call at the Hearing along with a brief statement of the subject matter of the
				witness's expected testimony;
(4)
				The identity of any witness whose testimony will be presented by affidavit
				pursuant to section
				11514;
(5) The name and address of each expert
				witness the party intends to call at the Hearing along with a brief statement
				of the opinion the expert is expected to give and a copy of the expert's
				current resume;
(6) The need for an
				interpreter or special accommodation;
(7) A list of the documentary exhibits the
				party intends to present and a description of any physical or demonstrative
				evidence; and
(8) A concise
				statement of any legal issues or affirmative defenses that may affect the
				presentation of evidence or the disposition of the Case.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1027 - Informal Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An agency may file a written request directed to the
				  Presiding Judge to set a Case for an informal hearing. The request shall
				  explain how the circumstances are appropriate for an informal hearing
				  procedure, pursuant to section
				  11445.10 et seq. The Presiding
				  Judge may order the Case to proceed as an informal hearing. If the Case
				  proceeds by informal hearing, the Presiding Judge or assigned ALJ shall advise
				  the parties of the procedures to be applied pursuant to section
				  11445.40.
1. New section
				  filed 5-19-98; operative 5-30-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 21).
2. Repealer and new section filed 10-13-2004;
				  operative 12-1-2004 (Register 2004, No. 42).
Note: Authority cited: Section
					 11370.5(b),
					 Government Code. Reference: Sections
					 11445.10-
					 11445.60
					 and
					 11470.10,
					 Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1030 - Conduct of Hearing; Protective Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				party seeking an order for closure or other protective order for all or part of
				a Hearing, including a request to seal the record, pursuant to section
				11425.20 shall file a Motion
				stating in plain language the relief sought and the facts, circumstances, and
				legal authority that support the Motion.
(b) A party seeking to have all or part of a
				Hearing conducted by electronic means pursuant to section
				11440.30 shall file a Motion
				stating in plain language the relief sought and the facts, circumstances, and
				legal authority that support the Motion.
(c) An ALJ, in his or her discretion, and
				with due consideration for the effect on witnesses, the Hearing process, and
				existing protective orders, may grant a request by a party or interested person
				to film, photograph, or record the Hearing. A record made pursuant to this
				section shall not be part of the official record.
(d) If a party's Motion or request under
				subsections (a), (b), or (c) of this Regulation is granted, the ALJ may direct
				the moving party to make the necessary arrangements and pay the related
				costs.
(e) The ALJ may:
(1) Exclude persons whose actions impede the
				orderly conduct of the Hearing;
(2)
				Restrict attendance because of the physical limitations of the Hearing
				facility; or
(3) Take other action
				to promote due process or the orderly conduct of the Hearing.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1032 - Interpreters and Accommodation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				party shall give timely notice to OAH and the agency when that party or the
				party's representative or witness needs any of the following accommodations
				during a proceeding before OAH:
(1) Language
				assistance, including sign language.
(2) Accommodation for a disability.
(3) Electronic amplification for hearing
				impairment.
(4) Any other special
				accommodation.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1034 - Peremptory Challenge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Pursuant to section
				11425.40(d), a
				party is entitled to one peremptory challenge (disqualification without cause)
				of an ALJ assigned to an OAH Hearing. A peremptory challenge is not allowed in
				proceedings involving petitions or applications for temporary relief or interim
				order or in a proceeding on reconsideration or remand; and shall not apply to
				panel members of a Commission on Professional Competence, other than the ALJ,
				in proceedings under Education Code section
				44944. In
				no event will a peremptory challenge be allowed if it is made after the Hearing
				has commenced.
(b) A peremptory
				challenge shall be:
(1) Directed to the
				Presiding Judge;
(2) Filed by a
				party, attorney or authorized representative;
(3) Made in writing or orally on the record
				in substantially the following form:
"I am a party to [CASENAME] and am exercising my right to a
				  peremptory challenge regarding ALJ [NAME], pursuant to Regulation 1034 and
				  Government Code section
				  11425.40(d)";
(4) Served on all parties if made
				in writing; and
(5) Filed in
				compliance with the time requirements of subsections (c), (d), and (e)
				herein.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1036 - Conduct of Proceedings; Sealing the Record. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 6-30-97 as an interim regulation pursuant to Government Code section
				  11400.20;
				  operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98
				  unless earlier repealed or amended.
2. Interim regulation filed
				  5-19-98 as a permanent regulation pursuant to Government Code section
				  11400.20;
				  operative 5-30-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 21).
3. Repealer filed 10-13-2004; operative
				  12-1-2004 (Register 2004, No. 42).
Note: Authority cited: Section
					 11370.5(b),
					 Government Code. Reference: Sections
					 11425.20
					 and
					 11455.10,
					 Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1040 - Monetary Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The ALJ may order a party, a party's representative or both, to pay reasonable
				expenses, including attorney's fees, incurred by another party as a result of
				bad faith actions or tactics that are frivolous or solely intended to cause
				unnecessary delay.
(1) "Actions or tactics"
				include, but are not limited to, the making or opposing of Motions or the
				failure to comply with a lawful order of the ALJ.
(2) "Frivolous" means
(A) totally and completely without merit
				or
(B) for the sole purpose of
				harassing an opposing party.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1042 - Cost Recovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				agency shall allege in its pleading any request for costs, citing the
				applicable cost recovery statute or regulation.
(b) Except as otherwise provided by law,
				proof of costs at the Hearing may be made by Declarations that contain specific
				and sufficient facts to support findings regarding actual costs incurred and
				the reasonableness of the costs, which shall be presented as follows:
(1) For services provided by a regular agency
				employee, the Declaration may be executed by the agency or its designee and
				shall describe the general tasks performed, the time spent on each task and the
				method of calculating the cost. For other costs, the bill, invoice or similar
				supporting document shall be attached to the Declaration.
(2) For services provided by persons who are
				not agency employees, the Declaration shall be executed by the person providing
				the service and describe the general tasks performed, the time spent on each
				task and the hourly rate or other compensation for the service. In lieu of this
				Declaration, the agency may attach to its Declaration copies of the time and
				billing records submitted by the service provider.
(3) When the agency presents an estimate of
				actual costs incurred, its Declaration shall explain the reason actual cost
				information is not available.
(4)
				The ALJ may permit a party to present testimony relevant to the amount and
				reasonableness of costs.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1044 - Request for Expenses After Default

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a request is made for expenses pursuant to section
				  11520(b), the
				  requesting party shall submit a Declaration setting forth, with specificity,
				  the expenses incurred as a result of respondent's failure to appear.
1. New section
				  filed 6-30-97 as an interim regulation pursuant to Government Code section
				  11400.20;
				  operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98
				  unless earlier repealed or amended.
2. Interim regulation, including
				  amendment of section, filed 5-19-98 as a permanent regulation pursuant to
				  Government Code section
				  11400.20;
				  operative 5-30-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 21).
3. Amendment filed 10-13-2004; operative
				  12-1-2004 (Register 2004, No. 42).
Note: Authority cited: Section
					 11370.5(b),
					 Government Code. Reference: Section
					 11520(b),
					 Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1046 - Amicus Briefs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A non-party with an interest in the outcome of the Hearing
				  may, by Motion, request permission to file an Amicus brief. The Motion shall
				  show good cause for allowing the brief, giving consideration to the following
				  factors:
(a) Due process of
				law;
(b) Whether matters in the
				Amicus brief will be helpful to the ALJ;
(c) The interests of the public and public
				policy; and
(d) The costs to the
				parties to reply to the Amicus brief.
1. New section
				  filed 6-30-97 as an interim regulation pursuant to Government Code section
				  11400.20;
				  operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98
				  unless earlier repealed or amended.
2. Interim regulation filed
				  5-19-98 as a permanent regulation pursuant to Government Code section
				  11400.20;
				  operative 5-30-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 21).
3. Amendment of section heading and repealer
				  and new section filed 10-13-2004; operative 12-1-2004 (Register 2004, No.
				  42).
Note: Authority cited: Section
					 11370.5(b),
					 Government Code. Reference: Sections
					 11500(b)
					 and
					 11512(b),
					 Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1048 - Technical and Minor Changes to Proposed and Final Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The agency may make an application to OAH to correct a mistake or clerical
				error, or make minor or technical changes, in a proposed decision by filing a
				written request addressed to the Presiding Judge.
(1) The application must be signed on behalf
				of the agency that is seeking the correction(s) and identify the correction(s)
				being sought and the reasons therefor. The application shall be served on all
				other parties, together with a copy of the proposed decision. A copy of the
				proof of service shall be filed with the application.
(2) A party shall have a period of 10 days
				from the date the application is served to file written opposition. The
				opposition shall be served on all parties and filed with OAH, with a copy of
				the proof of service.
(3) If
				opposition is filed, the Presiding Judge may permit oral argument or decide the
				matter on the papers alone. If the Presiding Judge permits oral argument, at
				least 5 days notice of the time and place for oral argument shall be given. The
				Presiding Judge shall decide the matter no later than 5 days after it is
				submitted.
(4) If the application
				is granted, the Presiding Judge shall prepare, and cause to be served on all
				parties, a notice and order of correction and/or a corrected proposed decision,
				which shall identify the correction(s) made.
(5) If the application is denied, the
				Presiding Judge shall cause notice of the denial to be served on all
				parties.
(6) The Presiding Judge
				will designate the same ALJ who prepared the proposed decision in the case to
				review and decide the application for correction. If the same ALJ is not
				reasonably available, the Presiding Judge may designate another ALJ.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1050 - Remand or Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				agency referral of a Case to OAH for rehearing or reconsideration pursuant to
				sections 11517(c)(2)(D) or
				11521(b) shall be
				filed in the OAH regional office that issued the proposed decision. The
				referral shall be in writing, directed to the Presiding Judge, and shall
				contain the following:
(1) Information as
				required in Regulation 1018, except for Hearing dates if no Hearing is
				requested;
(2) The name of the ALJ
				who prepared the proposed decision;
(3) A copy of any agency order or decision
				for rehearing or reconsideration and the proof of Service of the order or
				decision on all parties; and
(4)
				The evidence or issues to be considered on rehearing or
				reconsideration.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 1 - State Agency Reports and Forms Appeal Procedure › Section 1100 - Applicability of the Administrative Procedure Act; Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as set forth herein, hearings on
				  appeals under Government Code §
										11380 are
				  governed by the Administrative Procedure Act, chapters 4, 4.5, and 5
				  (commencing with Government Code §
										11370),
				  Part 1, Division 3, Title 2 of the Government Code.
(b) The following definitions apply in these
				  regulations:
(1) "Agency" includes every
				  state office, officer, department, division, bureau, board, and commission,
				  pursuant to Government Code section
				  11000.
(2) "Agency head" means a person or body in
				  which the ultimate legal authority of an agency is vested, and includes a
				  person or body to which the power to act is delegated pursuant to authority to
				  delegate the agency's power to hear and decide.
(3) "ALJ" means an administrative law judge
				  of the Office of Administrative Hearings.
(4) "Appellant" means the business filing the
				  appeal and is the same as the respondent for purposes of the Administrative
				  Procedure Act.
(5) "Office" means
				  the Office of Administrative Hearings where the appeal is filed and the hearing
				  is held or the documents are reviewed.
(6) "Presiding Judge" means the Presiding
				  Judge of the regional office of the Office of Administrative
				  Hearings.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 1 - State Agency Reports and Forms Appeal Procedure › Section 1102 - Time and Place for Filing Appeal; Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The form for appeals, titled "Appeal of
				  Business Reports and Forms Under Government Code §
										11380,"
				  numbered 11380-1 (revision date 7/97), herein incorporated by reference, is
				  available from the Office or may be taken from the Office of Administrative
				  Hearings Web Site (
http://www.dgs.ca.gov/oah
).
(b) Any appeal submitted by a business
				  pursuant to Government Code §
										14775(c),
				  shall be served upon the agency head and filed with the Office within 30 days
				  after exhaustion of the procedures established in Government Code §
										11380(a).
(c) The Office shall require the Appellant to
				  pay a filing fee and a deposit. The filing fees and deposit amounts are listed
				  on Form 11380-1. The filing fee and deposit must be received with the appeal.
				  The deposit shall be applied to the actual cost and any excess shall be
				  returned to the party which submitted it. Any balance due must be paid before
				  any transcript or decision is released to the Appellant.
1. New
					 section filed 9-2-97; operative 10-2-97 (Register 97, No. 36).
Note: Authority cited: Section
						11380(b),
						Government Code. Reference: Sections
						11380 and
						14775,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 1 - State Agency Reports and Forms Appeal Procedure › Section 1104 - Contents of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An appeal pursuant to Government Code §
										11380
					 shall be in writing, entitled "Appeal of Business Reports and Forms Under
					 Government Code section
					 11380",
					 and contain the following information, without which it will not be accepted
					 for filing:
(a) The name, address,
				  phone number of the Appellant and its authorized representative for the appeal
				  proceeding.
(b) The name, address
				  and phone number of the agency.
(c)
				  Whether a hearing is requested or waived pursuant to Regulation 1108 and in
				  which Office any requested hearing shall be held.
(d) A clear and concise statement of the
				  grounds for the appeal, including, where applicable:
(1) The agency's action or inaction which is
				  being appealed;
(2) That the appeal
				  is filed within 30 days of the agency's action or from the 60th day following
				  the filing of an unanswered challenge to the agency, pursuant to Government
				  Code §
											11380;
(3) The reason the agency's action is not
				  correct; and
(4) The reason the
				  form in question does not meet the criteria of Government Code §
											14775.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 1 - State Agency Reports and Forms Appeal Procedure › Section 1106 - Response of Agency, Setting of Hearing and Notice to Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 15 days of service of an appeal,
				  the state agency named shall submit to the Office and serve upon the
				  Appellant's representative the name, address, and telephone number of the
				  agency's authorized representative for the proceeding.
(b) Within 15 days of service of an appeal,
				  the state agency may submit to the Office and serve upon the Appellant's
				  representative a written response. If the agency objects that the challenged
				  report or form is not within the jurisdiction granted by Government Code §
										14775, it
				  shall include its objection and its reason in its response.
(c) The Office shall then set a hearing date
				  and notify the Appellant's and agency's representative of the date, time and
				  location. The written notice shall be in substantially the same format as set
				  forth in Government Code §
										11509, but
				  may include other information.
1. New
					 section filed 9-2-97; operative 10-2-97 (Register 97, No. 36).
Note: Authority cited: Section
						11380(b),
						Government Code. Reference: Sections
						11509,
						11380 and
						14775,
						Government Code.