Administrative Adjudications in California: General Provisions

Administrative adjudications are set forth in California law. In Title 2, Division 3, Part 1, Chapter 4.5, there are general provisions related to administrative adjudications in this state. Section 11400 states that Chapter 4.5 and Chapter 5 constitute the administrative adjudication provisions of the Administrative Procedure Act. Section 11400.20 authorizes an agency to adopt interim or permanent regulations to govern an adjudicative proceeding under this chapter.

Article 2 concerns definitions. Section 11405.10 provides that the definitions in this article govern the construction of this chapter. Section 11405.20 defines the term “adjudicative proceeding.” Section 11405.30 defines the term “agency.” Section 11405.30 defines the term “agency head.”

Section 11405.50 defines the term “decision.” And there is no limitation on the precedential effect of a decision or the authority of an agency to make a declaratory decision.

Section 11405.60 defines the term “party.” Section 11405.70 defines the term “person.” And, Section 11405.80 defines the term “presiding officer.”

Article 3 concerns this application of this chapter. Section 1110.10 states that this chapter applies to a decision by an agency if, under the federal or state Constitution or a federal or state statute, an evidentiary hearing for determination of facts is required for formulation and issuance of the decision.

Section 11410.20 specifies that this chapter applies to all agencies of the state, but this chapter does not apply to the Legislature, the courts or judicial branch, or the Governor or office of the Governor.

Section 11410.30 defines the term “local agency” to mean a county, city, district, public authority, public agency, or other political subdivision or public corporation in the state other than the state. This chapter does not apply to a local agency, except to the extent the provisions are made applicable by statute.

Section 11410.40 authorizes an agency to adopt this chapter or any of its provisions for the formulation and issuance of a decision, even though the agency or decision is exempt from application of this chapter.

Section 11410.50 applies this chapter to an adjudicative proceeding required to be conducted, unless the statutes relating to the proceeding provide otherwise.

Section 11410.60 defines the term “quasi-public entity” to means an entity, other than a governmental agency, whether characterized by statute as a public corporation, public instrumentality, or otherwise, that is expressly created by statute for the purpose of administration of a state function.

In addition, this chapter applies to an adjudicative proceeding conducted by a quasi-public entity if all three specified conditions are satisfied. The terms “agency” and “regulation” are defined. Language assistance in an adjudicative proceeding applies to a quasi-public entity to the same extent as a state agency. This section does not apply to a decision made on authority of an approved plan of operations of a quasi-public entity that is subject to the regulation or supervision of the Insurance Commissioner.