Miscellaneous State Agency Provisions

Article 11 deals with fines and imprisonment. Section 11145 prohibits a state agency from adopting or enforcing any rule or regulation a violation of which can result in the imposition of a fine or imprisonment, unless a statute specifically authorizes the imposition of a fine or imprisonment for a violation of that rule or regulation.

Article 12 deals with state agency ethics training. Section 11146 defines the terms “state agency” and “filer.”

Section 11146.1 requires each state agency to offer at least semiannually to each of its filers an orientation course on the relevant ethics statutes and regulations that govern the official conduct of state officials.

Section 11146.2 requires each state agency to maintain records indicating the specific attendees, each attendee’s job title, and dates of their attendance for each orientation course offered for a period of not less than five years after each course is given. These records are public records subject to inspection and copying.

Section 11146.3 requires each filer to attend the orientation course required within six months after he or she becomes a filer and at least once during each consecutive period of two calendar years commencing on the first odd-numbered year.

Section 11146.4 provides that training requirements do not apply to filers with a state agency who have taken an equivalent ethics orientation course through another state agency or the Legislature within the time periods. State agencies may jointly conduct and filers from more than one state agency may jointly attend an orientation course, as long as the course content is relevant to the official duties of the attending filers. Before conducting each orientation course required, state agencies are required to consult with the Fair Political Practices Commission and the Attorney General regarding appropriate course content.

Article 14 deals with small business liaisons. Section 11148 provides three legislative intent statements including that it is to assist small businesses in this state in complying with regulatory standards designed to protect the public.

Section 11148.5 requires a state agency that significantly regulates small business or that significantly impacts small business must designate at least one person who serves as a small business liaison. The agency utilizes existing personnel and resources to perform the duties of small business liaison.

In addition, a state agency that significantly regulates small business or that significantly impacts small business is required to widely publicize the position of small business liaison in appropriate agency publications and by prominently displaying the name and contact information of the small business liaison on the agency’s website if the agency has a website. Moreover, the small business liaison is responsible for all of the specified duties.

Title 2, Division 3, Part 1, Chapter 2, Article 1 deals with state departments generally. Section 11150 expresses the policy of this State is to vest in the Governor the civil administration of the laws of the State and for the purpose of aiding the Governor in the execution and administration of the laws to divide the executive and administrative work into departments as provided by law.

Section 11151 requires each department to maintain an office and the director of each department who is a member of the Governor’s council must reside at Sacramento. Each department adopts and keeps an official seal.

Section 11152 allows the head of each department to arrange and classify the work of the department and consolidate, abolish, or create divisions. The head of each department may adopt rules and regulations as are necessary to govern the activities of the department and may assign to its officers and employees such duties as he sees fit.

Section 11152.5 states that, wherever any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, these rules and regulations which are building standards must be adopted pursuant to the provisions of the Health and Safety Code. Any building standard adopted in violation of this section has no force or effect.

Section 11153 requires each division of a department to be in charge of a chief who is appointed by the head of the department and receive compensation as is fixed according to law. When a new division is created and a new chief appointed, then the salary of the chief is fixed by the Governor until fixed by the Legislature and cannot exceed the compensation paid for like services.

Section 11154 allows the head of each department, with the approval of the Governor, to appoint officers and employees as are necessary; and prescribe their duties, and fix their salaries in accordance with classifications made by the State Personnel Board.

Section 11155 provides that the head of a department has no authority to obligate the State for salaries in excess of money available by law for that purpose.

Section 11156 states the head of each department may require any officer or employee in his department to execute an official bond in such amount as he determines.

Section 11157 specifies that the Attorney General is the legal adviser of each department in all matters relating to the department and to the powers and duties of its officers. Upon request of the head of a department, the Attorney General, or the district attorney of any county in which the proceeding is brought, is required to aid in any investigation, hearing, prosecution or trial under the laws which the department is required to administer, and must institute and prosecute all necessary actions or proceedings for the enforcement of the law and for the punishment of all violations.

Section 11158 requires the sheriffs in the several counties to execute all lawful orders of a department in their counties.

Section 11159 states that, whenever a department succeeds to and is vested with the duties, powers, purposes, responsibilities and jurisdiction of a State agency, deputy, employee, or employment, the name or designation of the State agency, deputy, employee, or employment and of its several members, officers, deputies and employees, when used in any law then in force or thereafter enacted, are to be construed to mean the department.

Section 11160 provides that, whenever a department is invested with the power and is charged with the duty of administering and enforcing any law which imposes a duty or jurisdiction or confers an authority upon any State agency, deputy or employee, to administer its provisions, the duty, jurisdiction, and authority are therefore imposed upon and transferred to the department and its officers, deputies and employees with the same effect.

Section 11161 says that every person is subject to the same obligations and duties, and has the same rights as if the rights, powers and duties imposed upon and transferred to a department were exercised by the State agency, deputy or employee designated in the laws administered by departments created in conformity with this chapter.

Section 11162 provides every State officer, deputy and employee is subject to the same penalties, civil or criminal, for any offense as are prescribed by existing law for the same offense by any officer, deputy or employee whose powers or duties are devolved upon him under any law creating a new department.

Article 2 deals with investigations and hearings. Section 11180 authorizes the head of each department to make investigations and prosecute actions concerning all matters relating to the business activities and subjects under the jurisdiction of the department, as well as violations of any laws or rules.

Section 11180.5 allows, at the request of a prosecuting attorney or the Attorney General, any agency, bureau, or department to assist in conducting an investigation of any unlawful activity that involves matters within or reasonably related to the jurisdiction of the agency, bureau, or department. This investigation may be made in cooperation with the prosecuting attorney or the Attorney General.

Section 11181 provides that, in connection with any investigation or action authorized by this article, the department head may do any of the eight specified activities.

Section 11182 states that the head of a department may delegate the powers conferred upon him by this article to any officer of the department he authorizes to conduct the investigation or hearing.

Section 11183 prohibits an officer from divulging any information or evidence acquired by the officer from the interrogatory answers or subpoenaed private books, documents, papers, or other items of any person while acting or claiming to act under any authorization, in respect to the confidential or private transactions, property or business of any person. An officer who divulges information or evidence in violation of this section is guilty of a misdemeanor and disqualified from acting in any official capacity in the department.

Section 11184 provides that, in any hearing in any part of the state or in any investigation conducted under this article, the head of the department is required to issue process and subpoenas in a manner consistent with the state and federal Constitution. The person serving any process or a subpoena may receive compensation as is allowed by the head of the department not to exceed the fees prescribed by law for similar service. This compensation is paid in the manner provided in this article for the payment of the fees of witnesses.

Section 11185 deals with a witness named in the subpoena and whether he or she has to attend as a witness at a place out of the county in which he or she resides. The department head may require any person who resides or conducts business in this state to produce the documents and other items described at a location in the county in which the department head or the Attorney General maintains an office. Also, the department head and subpoenaed person can agree that testimony may be given or production made at any location.

Section 11186 specifies the superior court in the county in which any hearing is held or any investigation is conducted under the direction of the head of a department or the county in which testimony is designated to be given or documents or other items are designated to be produced, has jurisdiction to compel the attendance of witnesses, the giving of testimony, the answering without objection of interrogatories, and the production, inspection, and copying of papers, books, accounts, documents, and other items as required by any subpoena issued by the department head.

Section 11187 provides that, if any witness refuses to answer any interrogatory or to attend or testify or produce or permit the inspection or copying of any papers required by subpoena, the head of the department may petition the superior court in the county in which the hearing or investigation is pending or the county in which testimony is designated in the subpoena, for an order compelling the person to answer the interrogatories or to attend and testify or produce and permit the inspection and copying of the papers or other items required by the subpoena before the officer named in the subpoena. The petition is required to ser forth specified information.

Section 11188 states, upon the filing of the petition, the court enters an order directing the person to appear before the court at a specified time and place and there show cause why the person has not attended, testified, answered interrogatories, or produced or permitted the inspection or copying of the papers or other items.

Section 11189 provides, in any matter pending before a department head, the department head may cause the deposition of persons residing within or without the state to be taken by causing a petition to be filed in the Superior Court in the County of Sacramento reciting the nature of the matter pending, the name and residence of the person whose testimony is desired, and asking that an order be made requiring the person to appear and testify before an officer named in the petition for that purpose.

Section 11190 says that any party to any departmental hearing has the right to the attendance of witnesses in his behalf at the hearing or upon deposition upon making request to the head of the department, designating the persons sought to be subpoenaed, and depositing with the officer before whom the hearing is to be had the necessary fees and mileage.

Section 11191 states that each witness, other than an officer or employee of the State or of a political subdivision of the State, who appears by order of the head of a department must receive for his attendance the same fees and all witnesses receive the same mileage allowed by law to a witness in civil cases. The amounts are paid by the party at whose request the witness is subpoenaed.