Emergency Decisions in Administrative Adjudications

California’s Government Code, in Title 2, Division 3, Part 1, Chapter 4.5, Article 13, specifies several provisions related to emergency decisions being made. Section 11460.10 allows an agency to conduct an adjudicative proceeding under the emergency decision procedure provided in this article.

Section 11460.20 authorizes an agency to issue an emergency decision for temporary, interim relief under this article if the agency has adopted a regulation that provides that the agency may use the procedure provided in this article. The regulation must elaborate the application of the provisions of this article to an emergency decision by the agency including specified requirements. However, this article does not apply to an emergency decision, including a cease and desist order or an interim or temporary suspension order, issued pursuant to other express statutory authority.

Section 11460.30 allows an agency to only issue an emergency decision under this article in a situation involving an immediate danger to the public health, safety, or welfare that requires immediate agency action. In addition, an agency may only take action under this article that is necessary to prevent or avoid the immediate danger to the public health, safety, or welfare that justifies issuance of an emergency decision.

Note that an emergency decision issued under this article is limited to temporary, interim relief. The temporary, interim relief is subject to judicial review and the underlying issue giving rise to the temporary, interim relief is subject to an adjudicative proceeding.

Section 11460.40 requires an agency, before it issues an emergency decision under this article, to give the person to which the agency action is directed notice and an opportunity to be heard. Notice and hearing under this section may be oral or written, including notice and hearing by telephone, facsimile transmission, or other electronic means, as the circumstances permit. The hearing may be conducted in the same manner as an informal hearing.

Section 11460.50 requires the agency to issue an emergency decision, including a brief explanation of the factual and legal basis and reasons for the emergency decision, to justify the determination of an immediate danger and the agency’s emergency decision to take the specific action. In addition, the agency is required to give notice to the extent practicable to the person to which the agency action is directed. The emergency decision is effective when issued or as provided in the decision.

Section 11460.60 requires the agency, after issuing an emergency decision under this article for temporary, interim relief, to conduct an adjudicative proceeding under a formal, informal, or other applicable hearing procedure to resolve the underlying issues giving rise to the temporary, interim relief. In addition, the agency is required to commence an adjudicative proceeding under another procedure within 10 days after issuing an emergency decision under this article, notwithstanding the pendency of proceedings for judicial review of the emergency decision.

Section 11460.70 provides that the agency record consists of any documents concerning the matter that were considered or prepared by the agency. The agency maintains these documents as its official record.

Section 11460.80 specifies that, on issuance of an emergency decision under this article, the person to which the agency action is directed may obtain judicial review of the decision in the manner provided in this section without exhaustion of administrative remedies. Judicial review is required to comply with specified provisions of the Code of Civil Procedure, subject to four, specified provisions.