California Office of Administrative Hearings

In the California Government Code, Title 2, Division 3, part 1, Chapter 4, is established the Office of Administrative Hearings (OAH). Article 1 concerns general provisions. 

Section 11370 specifies that Chapters 3.5, 4, 4.5, and 5 constitute and may be cited as the Administrative Procedure Act.

Section 1370.1 defines “director” to the executive officer of the Office of Administrative Hearings.

Section 11370.2 establishes in the Department of General Services the Office of Administrative Hearings which is under the direction and control of an executive officer who is known as the director. The director is required to have the same qualifications as administrative law judges, and the director is appointed by the Governor, subject to the confirmation of the Senate.

Section 11370.3 requires the director to appoint and maintain a staff of full-time administrative law judges which is sufficient to fill the needs of the various state agencies. The director also appoints any other technical and clerical personnel as may be required to perform the duties of the office.

Thereafter, the director assigns an administrative law judge for any proceeding and, upon request from any agency, may assign an administrative law judge to conduct other administrative proceedings not arising under that chapter. The ALJs are deemed employees of OAH and not the agency. When not engaged in hearing cases, administrative law judges may be assigned by the director to perform other duties vested in or required of the office.

Section 11370.4 requires the total cost to the state of maintaining and operating OAH to be determined by and collected by the Department of General Services in advance or in a manner it may determine from the state or other public agencies for which services are provided by OAH.

Section 11370.5 directs the OAH to study the subject of administrative adjudication in all its aspects; to submit its suggestions to the various agencies in the interests of fairness, uniformity and the expedition of business; and to report its recommendations to the Governor and Legislature.

In addition, all departments, agencies, officers, and employees of the state are required to give the office ready access to their records and full information and reasonable assistance in any matter of research requiring recourse to them or to data within their knowledge or control.

Article 2 deals with the Medical Quality Hearing Panel. Section 11371 establishes within the Office of Administrative Hearings a Medical Quality Hearing Panel (MQHP). The MQHP consists of at least 5 full-time administrative law judges, who must have medical training as recommended by the Division of Medical Quality of the Medical Board of California and approved by the Director of the Office of Administrative Hearings.

In addition, the director is required to determine the qualifications of panel members, supervise their training, and coordinate the publication of a reporter of decisions pursuant to this section. The panel must include only those persons specifically qualified and cannot at any time constitute more than 25 percent of the total number of administrative law judges within OAH.

Moreover, the administrative law judges of the panel must have panels of experts available. The panels of experts are appointed by the Director of OAH, with the advice of the Medical Board of California. These panels of experts may be called as witnesses by the administrative law judges of the panel to testify on the record about any matter relevant to a proceeding and subject to cross-examination by all parties.

Section 11372 requires all adjudicative hearings and proceedings relating to the discipline or reinstatement of licensees of the Medical Board of California to be conducted by an administrative law judge, sitting alone if the case is so assigned by the agency filing the charging pleading.

Section 11373 requires all adjudicative hearings and proceedings conducted by an administrative law judge must be conducted under the terms and conditions set forth in the Administrative Procedure Act.

Section 11373.3 requires the OAH to provide facilities and support personnel for the review committee panel and assess the Medical Board of California for facilities and personnel, where used to adjudicate cases involving the Medical Board of California.

Article 3 deals with state agency reports and forms appeals. Section 11380 requires the OAH to hear and render a decision on any appeal filed by a business in the event the business contests the certification by a state agency head that reporting requirements meet established criteria and not be eliminated.

In addition, before a business may file an appeal with the office, the business is required to file a challenge to a form or report required by a state agency with that state agency. Within 60 days of filing the challenge with a state agency, the state agency must either eliminate the form or report or provide written justification for its continued use.

A business may appeal a state agency’s written justification for the continued use of a form or report with OAH. If a state agency fails to respond within 60 days of the filing of a challenge, then the business has an immediate right to file an appeal with the office.