Frequently Asked Questions about California’s Administrative Agencies
Do state entities have enforcement authority?
By Chris Micheli, December 20, 2023 2:45 am
What are the different entities within the executive branch of state government? It essentially has three levels: statewide elected officers; independent agencies; and, line-authority agencies.
What are “plural executives”? These are the nine constitutional offices that are elected statewide by the voters every four years.
What are independent agencies? These are the entities that, even though they may have appointees by the governor, serve independently from direct influence by the chief executive, such as the University of California, which is set forth in the state Constitution and whose regents serve 12-year terms.
What are “line agencies”? These are the state agencies that report directly to the Governor, whose appointees are subject to a direct line of authority from the Governor’s Office and are appointed by the Governor.
In terms of the line agencies, what are the five types of entities in California state government? They are agency; department; board; bureau; and, commission.
What are agencies? The agencies are the highest level, who are headed by an agency secretary appointed by the governor and who serve as members of the governor’s cabinet. These agencies also have a second-in-command, called the undersecretary, as well as deputy secretaries, all of whom are political appointees by the governor.
What are departments? Under these agencies are numerous departments, all of whom are headed by a department director. These directors are supported by a chief deputy director and usually several deputy directors, all of whom are also political appointees by the governor.
Are agency and department appointees subject to confirmation? Yes, just like the agency appointees, the department appointees are political appointees and are subject to confirmation by the state senate.
What are boards and commissions? The boards and commissions are usually headed by an executive officer or board, all of whom are political appointees by the governor. These individuals usually report to a particular department and are usually subject to confirmation by the state senate.
Do state entities have the authority to adopt regulations? In most instances, these agencies, departments, boards, and commissions have rulemaking authority. In fact, there are over 200 of them in state government.
Do state entities have enforcement authority? Generally, yes, they have power over the individuals or entities that they regulate, with great diversity, such as funeral directors to barbers and cosmetologists. They also wield enormous influence in multiple ways and they often play the significant role by interpreting and applying the laws of the state.
What does this enforcement authority entail? By having enforcement power, these state entities can enforce the statutes and regulations governing the conduct of those they regulate.
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