Government Code — Part 4 | GOV — United States — California law | Esheria

Government Code

Part 4 of 107 · provisions 601–800

This act is named the Government Code.

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About this statute

This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 11430.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 7. Ex Parte Communications [11430.10 - 11430.80] ( Article 7 added by Stats. 1995, Ch. 938, Sec. 21. )

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    If a presiding officer receives a prohibited communication, they must put specified materials in the record and notify all parties. A party may request to address the communication within 10 days of notice, and the officer may let the party comment, present evidence, or reopen a concluded hearing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 7. Ex Parte Communications [11430.10 - 11430.80] ( Article 7 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11430.50. (a) If a presiding officer receives a communication in violation of this article, the presiding officer shall make all of the following a part of the record in the proceeding: (1) If the communication is written, the writing and any written response of the presiding officer to the communication. (2) If the communication is oral, a memorandum stating the substance of the communication, any response made by the presiding officer, and the identity of each person from whom the presiding officer received the communication. (b) The presiding officer shall notify all parties that a communication described in this section has been made a part of the record. (c) If a party requests an opportunity to address the communication within 10 days after receipt of notice of the communication: (1) The party shall be allowed to comment on the communication. (2) The presiding officer has discretion to allow the party to present evidence concerning the subject of the communication, including discretion to reopen a hearing that has been concluded. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  2. 11430.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 7. Ex Parte Communications [11430.10 - 11430.80] ( Article 7 added by Stats. 1995, Ch. 938, Sec. 21. )

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    A presiding officer who receives a communication that violates this article may be disqualified, and if disqualified may seal the record portion about the ex parte communication by protective order.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 7. Ex Parte Communications [11430.10 - 11430.80] ( Article 7 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11430.60. Receipt by the presiding officer of a communication in violation of this article may be grounds for disqualification of the presiding officer. If the presiding officer is disqualified, the portion of the record pertaining to the ex parte communication may be sealed by protective order of the disqualified presiding officer. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  3. 11430.70.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 7. Ex Parte Communications [11430.10 - 11430.80] ( Article 7 added by Stats. 1995, Ch. 938, Sec. 21. )

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    This section extends the article’s ex parte communication rules to certain adjudicative proceedings before an agency head or delegated decisionmaker, with specific exceptions allowing some communications in individualized ratemaking and certain site certification matters.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 7. Ex Parte Communications [11430.10 - 11430.80] ( Article 7 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11430.70. (a) Subject to subdivisions (b) and (c), the provisions of this article governing ex parte communications to the presiding officer also govern ex parte communications in an adjudicative proceeding to the agency head or other person or body to which the power to hear or decide in the proceeding is delegated. (b) An ex parte communication to the agency head or other person or body to which the power to hear or decide in the proceeding is delegated is permissible in an individualized ratemaking proceeding if the content of the communication is disclosed on the record and all parties are given an opportunity to address it in the manner provided in Section 11430.50. (c) An ex parte communication to the agency head or other person or body to which the power to hear or decide in the proceeding is delegated is permissible in an individualized determination of an application for site certification pursuant to Chapter 6 (commencing with Section 25500) of Division 15 of the Public Resources Code, that is before the State Energy Resources Conservation and Development Commission, if the communication is made by an employee of another state agency and is made for the purpose of enabling the presiding officer to effectively manage the proceeding. (Amended by Stats. 2010, 8th Ex. Sess., Ch. 9, Sec. 4. (SB 34 8x) Effective March 22, 2010.)
  4. 11430.80.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 7. Ex Parte Communications [11430.10 - 11430.80] ( Article 7 added by Stats. 1995, Ch. 938, Sec. 21. )

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    While a proceeding is pending, the presiding officer may not communicate directly or indirectly with the agency head or other decision-maker about the merits of any issue in the proceeding, unless a stated exception applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 7. Ex Parte Communications [11430.10 - 11430.80] ( Article 7 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11430.80. (a) There shall be no communication, direct or indirect, while a proceeding is pending regarding the merits of any issue in the proceeding, between the presiding officer and the agency head or other person or body to which the power to hear or decide in the proceeding is delegated. (b) This section does not apply where the agency head or other person or body to which the power to hear or decide in the proceeding is delegated serves as both presiding officer and agency head, or where the presiding officer does not issue a decision in the proceeding. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  5. 11435.05.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. )

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    This section defines “language assistance” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11435.05. As used in this article, “language assistance” means oral interpretation or written translation into English of a language other than English or of English into another language for a party or witness who cannot speak or understand English or who can do so only with difficulty. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  6. 11435.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. )

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    This section says the article does not limit the effect of Evidence Code Section 754 for interpretation for deaf or hard-of-hearing parties or witnesses in adjudicative proceedings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11435.10. Nothing in this article limits the application or effect of Section 754 of the Evidence Code to interpretation for a deaf or hard-of-hearing party or witness in an adjudicative proceeding. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  7. 11435.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. )

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    Certain listed state agencies must provide language assistance in adjudicative proceedings, and other agencies may adopt the article’s procedures or provide interpreters in some proceedings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11435.15. (a) The following state agencies shall provide language assistance in adjudicative proceedings to the extent provided in this article: (1) Agricultural Labor Relations Board. (2) State Department of Alcohol and Drug Programs. (3) State Athletic Commission. (4) California Unemployment Insurance Appeals Board. (5) Board of Parole Hearings. (6) State Board of Barbering and Cosmetology. (7) State Department of Developmental Services. (8) Public Employment Relations Board. (9) Franchise Tax Board. (10) State Department of Health Care Services. (11) Department of Housing and Community Development. (12) Department of Industrial Relations. (13) State Department of State Hospitals. (14) Department of Motor Vehicles. (15) Notary Public Section, Office of the Secretary of State. (16) Public Utilities Commission. (17) Office of Statewide Health Planning and Development. (18) State Department of Social Services. (19) Workers’ Compensation Appeals Board. (20) Division of Juvenile Justice. (21) Division of Juvenile Parole Operations. (22) Department of Insurance. (23) State Personnel Board. (24) California Board of Podiatric Medicine. (25) Board of Psychology. (b) Nothing in this section prevents an agency other than an agency listed in subdivision (a) from electing to adopt any of the procedures in this article, provided that any selection of an interpreter is subject to Section 11435.30. (c) Nothing in this section prohibits an agency from providing an interpreter during a proceeding to which this chapter does not apply, including an informal factfinding or informal investigatory hearing. (d) This article applies to an agency listed in subdivision (a) notwithstanding a general provision that this chapter does not apply to some or all of an agency’s adjudicative proceedings. (Amended by Stats. 2013, Ch. 76, Sec. 82. (AB 383) Effective January 1, 2014.)
  8. 11435.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. )

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    Hearings and qualifying medical examinations must be conducted in English, and an agency covered by this article must provide an interpreter when a party or witness who does not proficiently speak or understand English requests language assistance before the proceeding starts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11435.20. (a) The hearing, or any medical examination conducted for the purpose of determining compensation or monetary award, shall be conducted in English. (b) If a party or the party’s witness does not proficiently speak or understand English and before commencement of the hearing or medical examination requests language assistance, an agency subject to the language assistance requirement of this article shall provide the party or witness an interpreter. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  9. 11435.25.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. )

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    Interpreter costs are paid by the agency if the presiding officer directs it; otherwise they are paid by the party who requested the interpreter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11435.25. (a) The cost of providing an interpreter under this article shall be paid by the agency having jurisdiction over the matter if the presiding officer so directs, otherwise by the party at whose request the interpreter is provided. (b) The presiding officer’s decision to direct payment shall be based upon an equitable consideration of all the circumstances in each case, such as the ability of the party in need of the interpreter to pay. (c) Notwithstanding any other provision of this section, in a hearing before the Workers’ Compensation Appeals Board or the Division of Workers’ Compensation relating to workers’ compensation claims, the payment of the costs of providing an interpreter shall be governed by the rules and regulations promulgated by the Workers’ Compensation Appeals Board or the Administrative Director of the Division of Workers’ Compensation, as appropriate. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  10. 11435.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. )

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    The State Personnel Board must maintain and publish a yearly updated list of certified administrative hearing interpreters, and the Workers’ Compensation administrative director may do the same for hearings in that system.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11435.30. (a) The State Personnel Board shall establish, maintain, administer, and publish annually an updated list of certified administrative hearing interpreters it has determined meet the minimum standards in interpreting skills and linguistic abilities in languages designated pursuant to Section 11435.40. Any interpreter so listed may be examined by each employing agency to determine the interpreter’s knowledge of the employing agency’s technical program terminology and procedures. (b) Court interpreters certified pursuant to Section 68562, and interpreters listed on the State Personnel Board’s recommended lists of court and administrative hearing interpreters prior to July 1, 1993, shall be deemed certified for purposes of this section. (c) (1) In addition to the certification procedure provided pursuant to subdivision (a), the Administrative Director of the Division of Workers’ Compensation may establish, maintain, administer, and publish annually an updated list of certified administrative hearing interpreters who, based on testing by an independent organization designated by the administrative director, have been determined to meet the minimum standards in interpreting skills and linguistic abilities in languages designated pursuant to Section 11435.40, for purposes of administrative hearings conducted pursuant to proceedings of the Workers’ Compensation Appeals Board. The independent testing organization shall have no financial interest in the training of interpreters or in the employment of interpreters for administrative hearings. (2) (A) A fee, as determined by the administrative director, shall be collected from each interpreter seeking certification. The fee shall not exceed the reasonable regulatory costs of administering the testing and certification program and of publishing the list of certified administrative hearing interpreters on the Division of Workers’ Compensation’ Internet Web site. (B) The Legislature finds and declares that the services described in this section are of such a special and unique nature that they may be contracted out pursuant to paragraph (3) of subdivision (b) of Section 19130. The Legislature further finds and declares that the services described in this section are a new state function pursuant to paragraph (2) of subdivision (b) of Section 19130. (Amended by Stats. 2012, Ch. 363, Sec. 2. (SB 863) Effective January 1, 2013.)
  11. 11435.35.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. )

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    The State Personnel Board must keep and publish a yearly updated list of certified medical examination interpreters, and the Workers’ Compensation administrative director may also maintain such a list for certain medical examinations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11435.35. (a) The State Personnel Board shall establish, maintain, administer, and publish annually, an updated list of certified medical examination interpreters it has determined meet the minimum standards in interpreting skills and linguistic abilities in languages designated pursuant to Section 11435.40. (b) Court interpreters certified pursuant to Section 68562 and administrative hearing interpreters certified pursuant to Section 11435.30 shall be deemed certified for purposes of this section. (c) (1) In addition to the certification procedure provided pursuant to subdivision (a), the Administrative Director of the Division of Workers’ Compensation may establish, maintain, administer, and publish annually an updated list of certified medical examination interpreters who, based on testing by an independent organization designated by the administrative director, have been determined to meet the minimum standards in interpreting skills and linguistic abilities in languages designated pursuant to Section 11435.40, for purposes of medical examinations conducted pursuant to proceedings of the Workers’ Compensation Appeals Board, and medical examinations conducted pursuant to Division 4 (commencing with Section 3200) of the Labor Code. The independent testing organization shall have no financial interest in the training of interpreters or in the employment of interpreters for medical examinations. (2) (A) A fee, as determined by the administrative director, shall be collected from each interpreter seeking certification. The fee shall not exceed the reasonable regulatory costs of administering the testing and certification program and of publishing the list of certified medical examination interpreters on the Division of Workers’ Compensation’s Internet Web site. (B) The Legislature finds and declares that the services described in this section are of such a special and unique nature that they may be contracted out pursuant to paragraph (3) of subdivision (b) of Section 19130. The Legislature further finds and declares that the services described in this section are a new state function pursuant to paragraph (2) of subdivision (b) of Section 19130. (Amended by Stats. 2013, Ch. 287, Sec. 1. (SB 375) Effective January 1, 2014.)
  12. 11435.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    The Department of Human Resources must designate the languages used for certification under the cited sections, and the list must include several named languages until the department finds there is not enough need for interpreting assistance in them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11435.40. (a) The Department of Human Resources shall designate the languages for which certification shall be established under Sections 11435.30 and 11435.35. The languages designated shall include, but not be limited to, Spanish, Tagalog, Arabic, Cantonese, Japanese, Korean, Portuguese, and Vietnamese until the Department of Human Resources finds that there is an insufficient need for interpreting assistance in these languages. (b) The language designations shall be based on the following: (1) The language needs of non-English-speaking persons appearing before the administrative agencies, as determined by consultation with the agencies. (2) The cost of developing a language examination. (3) The availability of experts needed to develop a language examination. (4) Other information the department deems relevant. (Amended by Stats. 2012, Ch. 360, Sec. 6. (SB 1309) Effective January 1, 2013.)
  13. 11435.45.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    The Department of Human Resources must set and charge fees for interpreter exam applications and certification renewals, and certified interpreters must pay the renewal fee each July 1 unless they are court interpreters certified under Section 68562.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11435.45. (a) The Department of Human Resources shall establish and charge fees for applications to take interpreter examinations and for renewal of certifications. The purpose of these fees is to cover the annual projected costs of carrying out this article. The fees may be adjusted each fiscal year by a percent that is equal to or less than the percent change in the California Necessities Index prepared by the Commission on State Finance. (b) Each certified administrative hearing interpreter and each certified medical examination interpreter shall pay a fee, due on July 1 of each year, for the renewal of the certification. Court interpreters certified under Section 68562 shall not pay any fees required by this section. (c) If the amount of money collected in fees is not sufficient to cover the costs of carrying out this article, the department shall charge and be reimbursed a pro rata share of the additional costs by the state agencies that conduct administrative hearings. (Amended by Stats. 2012, Ch. 360, Sec. 7. (SB 1309) Effective January 1, 2013.)
  14. 11435.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    The Department of Human Resources may remove a person from the certified interpreters list if the person is deceased, says they are unavailable for work, or does not submit the required renewal fee.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11435.50. The Department of Human Resources may remove the name of a person from the list of certified interpreters if any of the following conditions occurs: (a) The person is deceased. (b) The person notifies the department that the person is unavailable for work. (c) The person does not submit a renewal fee as required by Section 11435.45. (Amended by Stats. 2012, Ch. 360, Sec. 8. (SB 1309) Effective January 1, 2013.)
  15. 11435.55.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    Interpreters used in hearings and medical examinations must be certified, but a hearing agency or physician may use another interpreter when a certified one cannot be present, subject to the stated conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11435.55. (a) An interpreter used in a hearing shall be certified pursuant to Section 11435.30. However, if an interpreter certified pursuant to Section 11435.30 cannot be present at the hearing, the hearing agency shall have discretionary authority to provisionally qualify and use another interpreter. (b) An interpreter used in a medical examination shall be certified pursuant to Section 11435.35. However, if an interpreter certified pursuant to Section 11435.35 cannot be present at the medical examination, the physician provisionally may use another interpreter if that fact is noted in the record of the medical evaluation. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  16. 11435.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. )

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    Covered agencies must tell each party that an interpreter is available when giving notice of a hearing date or medical examination.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11435.60. Every agency subject to the language assistance requirement of this article shall advise each party of the right to an interpreter at the same time that each party is advised of the hearing date or medical examination. Each party in need of an interpreter shall also be encouraged to give timely notice to the agency conducting the hearing or medical examination so that appropriate arrangements can be made. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  17. 11435.65.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    Interpreters in hearings or medical examinations must follow applicable agency confidentiality rules and must not have been involved in the case issues before the hearing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 8. Language Assistance [11435.05 - 11435.65] ( Article 8 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11435.65. (a) The rules of confidentiality of the agency, if any, that apply in an adjudicative proceeding shall apply to any interpreter in the hearing or medical examination, whether or not the rules so state. (b) The interpreter shall not have had any involvement in the issues of the case prior to the hearing. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  18. 11440.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 9. General Procedural Provisions [11440.10 - 11440.60] ( Article 9 added by Stats. 1995, Ch. 938, Sec. 21. )

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    The agency head may choose how to review a decision, delegate review authority, or authorize others to review it. An agency may also, by regulation, require, limit, or block review.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 9. General Procedural Provisions [11440.10 - 11440.60] ( Article 9 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11440.10. (a) The agency head may do any of the following with respect to a decision of the presiding officer or the agency: (1) Determine to review some but not all issues, or not to exercise any review. (2) Delegate its review authority to one or more persons. (3) Authorize review by one or more persons, subject to further review by the agency head. (b) By regulation an agency may mandate review, or may preclude or limit review, of a decision of the presiding officer or the agency. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  19. 11440.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 9. General Procedural Provisions [11440.10 - 11440.60] ( Article 9 added by Stats. 1995, Ch. 938, Sec. 21. )

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    This section sets how a writing, electronic document, or notice may be served in proceedings under this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 9. General Procedural Provisions [11440.10 - 11440.60] ( Article 9 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11440.20. Service of a writing or electronic document on, or giving of a notice to, a person in a procedure provided in this chapter is subject to the following provisions: (a) The writing, electronic document, or notice shall be delivered personally or sent by mail, electronic, or other means to the person at the person’s last known address or, if the person is a party with an attorney or other authorized representative of record in the proceeding, to the party’s attorney or other authorized representative. If a party is required by statute or regulation to maintain an address with an agency, the party’s last known address is the address maintained with the agency. (b) Unless a provision specifies the form of mail, service or notice by mail may be by first-class mail, registered mail, or certified mail, by mail delivery service, by facsimile transmission if complete and without error, or by other electronic means as provided by regulation, in the discretion of the sender. (Amended by Stats. 2021, Ch. 401, Sec. 12. (AB 1578) Effective January 1, 2022.)
  20. 11440.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 9. General Procedural Provisions [11440.10 - 11440.60] ( Article 9 added by Stats. 1995, Ch. 938, Sec. 21. )

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    The presiding officer may hold all or part of a hearing by electronic means if everyone can participate, hear the proceeding, and see exhibits. If a party objects, the officer generally may not conduct the entire hearing electronically, must consider the objection, and may adjust the hearing or require in-person حضور for some or all participants.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 9. General Procedural Provisions [11440.10 - 11440.60] ( Article 9 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11440.30. (a) The presiding officer may conduct all or part of a hearing by telephone, television, or other electronic means if each participant in the hearing has an opportunity to participate in and to hear the entire proceeding while it is taking place and to observe exhibits. (b) (1) Except as provided in paragraph (2), the presiding officer may not conduct all of a hearing by telephone, television, or other electronic means if a party objects. (2) If a party objects pursuant to paragraph (1) to a hearing being conducted by electronic means, the presiding officer shall consider the objections and may, in the presiding officer’s discretion, structure the hearing to address the party’s specific objections and may require the presiding officer, parties, and witnesses, or a subset of parties and witnesses based on the specific objections, to be present in a physical location during all or part of the hearing. (c) Subdivision (b) is not a limitation on the presiding officer transmitting the hearing by telephone, television, or other electronic means or receiving comments via electronic means from participants who are not parties or witnesses. (Amended by Stats. 2021, Ch. 401, Sec. 13. (AB 1578) Effective January 1, 2022.)
  21. 11440.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 9. General Procedural Provisions [11440.10 - 11440.60] ( Article 9 added by Stats. 1995, Ch. 938, Sec. 21. )

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    In certain sexual harassment, sexual assault, or sexual battery proceedings, evidence of a complainant’s sexual conduct with other people is tightly limited, and reputation or opinion evidence about the complainant’s sexual behavior is not admissible.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 9. General Procedural Provisions [11440.10 - 11440.60] ( Article 9 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11440.40. (a) In any proceeding under subdivision (h) or (i) of Section 12940, or Section 19572 or 19702, alleging conduct that constitutes sexual harassment, sexual assault, or sexual battery, evidence of specific instances of a complainant’s sexual conduct with individuals other than the alleged perpetrator is subject to all of the following limitations: (1) The evidence is not discoverable unless it is to be offered at a hearing to attack the credibility of the complainant as provided for under subdivision (b). This paragraph is intended only to limit the scope of discovery; it is not intended to affect the methods of discovery allowed by statute. (2) The evidence is not admissible at the hearing unless offered to attack the credibility of the complainant as provided for under subdivision (b). Reputation or opinion evidence regarding the sexual behavior of the complainant is not admissible for any purpose. (b) Evidence of specific instances of a complainant’s sexual conduct with individuals other than the alleged perpetrator is presumed inadmissible absent an offer of proof establishing its relevance and reliability and that its probative value is not substantially outweighed by the probability that its admission will create substantial danger of undue prejudice or confuse the issue. (c) As used in this section “complainant” means a person claiming to have been subjected to conduct that constitutes sexual harassment, sexual assault, or sexual battery. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  22. 11440.45.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 9. General Procedural Provisions [11440.10 - 11440.60] ( Article 9 added by Stats. 1995, Ch. 938, Sec. 21. )

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    In certain administrative proceedings, sympathy or benevolent-gesture statements made to an accident victim or the family are not admissible as evidence of liability, but statements of fault remain admissible.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 9. General Procedural Provisions [11440.10 - 11440.60] ( Article 9 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11440.45. (a) In any proceedings pursuant to this chapter or Chapter 5 (commencing with Section 11500), the portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident and made to that person or to the family of that person shall be inadmissible as evidence of an admission of liability. A statement of fault, however, which is part of, or in addition to, any of the above shall not be inadmissible pursuant to this section. (b) For purposes of this section: (1) “Accident” means an occurrence resulting in injury or death to one or more persons which is not the result of willful action by a party. (2) “Benevolent gestures” means actions which convey a sense of compassion or commiseration emanating from humane impulses. (3) “Family” means the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half brother, half sister, adopted children of parent, or spouse’s parents of an injured party. (Added by Stats. 2002, Ch. 92, Sec. 1. Effective January 1, 2003.)
  23. 11440.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 9. General Procedural Provisions [11440.10 - 11440.60] ( Article 9 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    This section lets an agency apply intervention rules in adjudicative proceedings by regulation, and requires the presiding officer to grant intervention when all listed conditions are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 9. General Procedural Provisions [11440.10 - 11440.60] ( Article 9 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11440.50. (a) This section applies in adjudicative proceedings of an agency if the agency by regulation provides that this section is applicable in the proceedings. (b) The presiding officer shall grant a motion for intervention if all of the following conditions are satisfied: (1) The motion is submitted in writing, with copies served on all parties named in the agency’s pleading. (2) The motion is made as early as practicable in advance of the hearing. If there is a prehearing conference, the motion shall be made in advance of the prehearing conference and shall be resolved at the prehearing conference. (3) The motion states facts demonstrating that the applicant’s legal rights, duties, privileges, or immunities will be substantially affected by the proceeding or that the applicant qualifies as an intervenor under a statute or regulation. (4) The presiding officer determines that the interests of justice and the orderly and prompt conduct of the proceeding will not be impaired by allowing the intervention. (c) If an applicant qualifies for intervention, the presiding officer may impose conditions on the intervenor’s participation in the proceeding, either at the time that intervention is granted or at a subsequent time. Conditions may include the following: (1) Limiting the intervenor’s participation to designated issues in which the intervenor has a particular interest demonstrated by the motion. (2) Limiting or excluding the use of discovery, cross-examination, and other procedures involving the intervenor so as to promote the orderly and prompt conduct of the proceeding. (3) Requiring two or more intervenors to combine their presentations of evidence and argument, cross-examination, discovery, and other participation in the proceeding. (4) Limiting or excluding the intervenor’s participation in settlement negotiations. (d) As early as practicable in advance of the hearing the presiding officer shall issue an order granting or denying the motion for intervention, specifying any conditions, and briefly stating the reasons for the order. The presiding officer may modify the order at any time, stating the reasons for the modification. The presiding officer shall promptly give notice of an order granting, denying, or modifying intervention to the applicant and to all parties. (e) Whether the interests of justice and the orderly and prompt conduct of the proceedings will be impaired by allowing intervention is a determination to be made in the sole discretion, and based on the knowledge and judgment at that time, of the presiding officer. The determination is not subject to administrative or judicial review. (f) Nothing in this section precludes an agency from adopting a regulation that permits participation by a person short of intervention as a party, subject to Article 7 (commencing with Section 11430.10) of Chapter 4.5. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  24. 11440.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 9. General Procedural Provisions [11440.10 - 11440.60] ( Article 9 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    People who submit certain paid-for written communications in quasi-judicial state agency proceedings must disclose who paid to produce them; agencies may ignore or refuse attorney-submitted communications that do not identify the client.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 9. General Procedural Provisions [11440.10 - 11440.60] ( Article 9 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11440.60. (a) For purposes of this section, the following terms have the following meaning: (1) “Quasi-judicial proceeding” means any of the following: (A) A proceeding to determine the rights or duties of a person under existing laws, regulations, or policies. (B) A proceeding involving the issuance, amendment, or revocation of a permit or license. (C) A proceeding to enforce compliance with existing law or to impose sanctions for violations of existing law. (D) A proceeding at which action is taken involving the purchase or sale of property, goods, or services by an agency. (E) A proceeding at which an action is taken awarding a grant or a contract. (2) “Written communication” means any report, study, survey, analysis, letter, or any other written document. (b) Any person submitting a written communication, which is specifically generated for the purpose of being presented at the agency hearing to which it is being communicated, to a state agency in a quasi-judicial proceeding that is directly paid for by anyone other than the person who submitted the written communication shall clearly indicate any person who paid to produce the written communication. (c) A state agency may refuse or ignore a written communication submitted by an attorney or any other authorized representative on behalf of a client in a quasi-judicial proceeding, unless the written communication clearly indicates the client on whose behalf the communication is submitted to the state agency. (Added by Stats. 1997, Ch. 192, Sec. 1. Effective January 1, 1998.)
  25. 11445.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 10. Informal Hearing [11445.10 - 11445.60] ( Article 10 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    An agency may use the informal hearing procedure to conduct an adjudicative proceeding, but only within the article’s limitations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 10. Informal Hearing [11445.10 - 11445.60] ( Article 10 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11445.10. (a) Subject to the limitations in this article, an agency may conduct an adjudicative proceeding under the informal hearing procedure provided in this article. (b) The Legislature finds and declares the following: (1) The informal hearing procedure is intended to satisfy due process and public policy requirements in a manner that is simpler and more expeditious than hearing procedures otherwise required by statute, for use in appropriate circumstances. (2) The informal hearing procedure provides a forum in the nature of a conference in which a party has an opportunity to be heard by the presiding officer. (3) The informal hearing procedure provides a forum that may accommodate a hearing where by regulation or statute a member of the public may participate without appearing or intervening as a party. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  26. 11445.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 10. Informal Hearing [11445.10 - 11445.60] ( Article 10 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    An agency may use an informal hearing procedure only in listed kinds of proceedings and only if doing so does not violate another statute or the federal or state Constitution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 10. Informal Hearing [11445.10 - 11445.60] ( Article 10 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11445.20. Subject to Section 11445.30, an agency may use an informal hearing procedure in any of the following proceedings, if in the circumstances its use does not violate another statute or the federal or state Constitution: (a) A proceeding where there is no disputed issue of material fact. (b) A proceeding where there is a disputed issue of material fact, if the matter is limited to any of the following: (1) A monetary amount of not more than one thousand dollars ($1,000). (2) A disciplinary sanction against a student that does not involve expulsion from an academic institution or suspension for more than 10 days. (3) A disciplinary sanction against an employee that does not involve discharge from employment, demotion, or suspension for more than 5 days. (4) A disciplinary sanction against a licensee that does not involve an actual revocation of a license or an actual suspension of a license for more than five days. Nothing in this section precludes an agency from imposing a stayed revocation or a stayed suspension of a license in an informal hearing. (c) A proceeding where, by regulation, the agency has authorized use of an informal hearing. (d) A proceeding where an evidentiary hearing for determination of facts is not required by statute but where the agency determines the federal or state Constitution may require a hearing. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  27. 11445.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 10. Informal Hearing [11445.10 - 11445.60] ( Article 10 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    The notice of hearing must state the agency’s choice to use the informal hearing procedure, parties must object in their pleadings, and the presiding officer must decide objections before the hearing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 10. Informal Hearing [11445.10 - 11445.60] ( Article 10 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11445.30. (a) The notice of hearing shall state the agency’s selection of the informal hearing procedure. (b) Any objection of a party to use of the informal hearing procedure shall be made in the party’s pleading. (c) An objection to use of the informal hearing procedure shall be resolved by the presiding officer before the hearing on the basis of the pleadings and any written submissions in support of the pleadings. An objection to use of the informal hearing procedure in a disciplinary proceeding involving an occupational license shall be resolved in favor of the licensee. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  28. 11445.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 10. Informal Hearing [11445.10 - 11445.60] ( Article 10 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    In an informal hearing, the presiding officer must run the proceeding, let the parties make written or oral comments, may let others comment, and may restrict witnesses, evidence, pleadings, and related procedures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 10. Informal Hearing [11445.10 - 11445.60] ( Article 10 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11445.40. (a) Except as provided in this article, the hearing procedures otherwise required by statute for an adjudicative proceeding apply to an informal hearing. (b) In an informal hearing the presiding officer shall regulate the course of the proceeding. The presiding officer shall permit the parties and may permit others to offer written or oral comments on the issues. The presiding officer may limit the use of witnesses, testimony, evidence, and argument, and may limit or eliminate the use of pleadings, intervention, discovery, prehearing conferences, and rebuttal. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  29. 11445.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 10. Informal Hearing [11445.10 - 11445.60] ( Article 10 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    The presiding officer may refuse or change an informal hearing to a formal hearing when cross-examination is needed and the added delay, burden, or complication would be more than minimal.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 10. Informal Hearing [11445.10 - 11445.60] ( Article 10 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11445.50. (a) The presiding officer may deny use of the informal hearing procedure, or may convert an informal hearing to a formal hearing after an informal hearing is commenced, if it appears to the presiding officer that cross-examination is necessary for proper determination of the matter and that the delay, burden, or complication due to allowing cross-examination in the informal hearing will be more than minimal. (b) An agency, by regulation, may specify categories of cases in which cross-examination is deemed not necessary for proper determination of the matter under the informal hearing procedure. The presiding officer may allow cross-examination of witnesses in an informal hearing notwithstanding an agency regulation if it appears to the presiding officer that in the circumstances cross-examination is necessary for proper determination of the matter. (c) The actions of the presiding officer under this section are not subject to judicial review. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  30. 11445.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 10. Informal Hearing [11445.10 - 11445.60] ( Article 10 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    In an informal hearing, the presiding officer may ask a party to identify witnesses or other sources, and a party may tell the officer the general nature of needed facts and sources.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 10. Informal Hearing [11445.10 - 11445.60] ( Article 10 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11445.60. (a) If the presiding officer has reason to believe that material facts are in dispute, the presiding officer may require a party to state the identity of the witnesses or other sources through which the party would propose to present proof if the proceeding were converted to a formal or other applicable hearing procedure. If disclosure of a fact, allegation, or source is privileged or expressly prohibited by a regulation, statute, or the federal or state Constitution, the presiding officer may require the party to indicate that confidential facts, allegations, or sources are involved, but not to disclose the confidential facts, allegations, or sources. (b) If a party has reason to believe that essential facts must be obtained in order to permit an adequate presentation of the case, the party may inform the presiding officer regarding the general nature of the facts and the sources from which the party would propose to obtain the facts if the proceeding were converted to a formal or other applicable hearing procedure. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  31. 11450.05.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 11. Subpoenas [11450.05 - 11450.50] ( Article 11 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    This section lets an agency use the article’s subpoena procedure in some adjudicative proceedings, and it also applies the article’s rules to certain proceedings not required to be conducted under Chapter 5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 11. Subpoenas [11450.05 - 11450.50] ( Article 11 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11450.05. (a) This article applies in an adjudicative proceeding required to be conducted under Chapter 5 (commencing with Section 11500). (b) An agency may use the subpoena procedure provided in this article in an adjudicative proceeding not required to be conducted under Chapter 5 (commencing with Section 11500), in which case all the provisions of this article apply including, but not limited to, issuance of a subpoena at the request of a party or by the attorney of record for a party under Section 11450.20. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  32. 11450.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 11. Subpoenas [11450.05 - 11450.50] ( Article 11 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    Subpoenas and subpoenas duces tecum may be issued for hearings and document production, and the document custodian may comply by delivering the documents or copies, or by making them available for inspection or copying with the required affidavit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 11. Subpoenas [11450.05 - 11450.50] ( Article 11 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11450.10. (a) Subpoenas and subpoenas duces tecum may be issued for attendance at a hearing and for production of documents at any reasonable time and place or at a hearing. (b) The custodian of documents that are the subject of a subpoena duces tecum may satisfy the subpoena by delivery of the documents or a copy of the documents, or by making the documents available for inspection or copying, together with an affidavit in compliance with Section 1561 of the Evidence Code. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  33. 11450.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 11. Subpoenas [11450.05 - 11450.50] ( Article 11 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    This section says who may issue subpoenas, how they may be served or delivered, when messenger service counts, and when a witness must attend.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 11. Subpoenas [11450.05 - 11450.50] ( Article 11 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11450.20. (a) Subpoenas and subpoenas duces tecum shall be issued by the agency or presiding officer at the request of a party, or by the attorney of record for a party, in accordance with Sections 1985 to 1985.4, inclusive, of the Code of Civil Procedure. (b) The process extends to all parts of the state and shall be served in accordance with Sections 1987 and 1988 of the Code of Civil Procedure. A subpoena or subpoena duces tecum may also be delivered by certified mail return receipt requested or by messenger. Service by messenger shall be effected when the witness acknowledges receipt of the subpoena to the sender, by telephone, by mail, or in person, and identifies himself or herself either by reference to date of birth and driver’s license number or Department of Motor Vehicles identification number, or the sender may verify receipt of the subpoena by obtaining other identifying information from the recipient. The sender shall make a written notation of the acknowledgment. A subpoena issued and acknowledged pursuant to this section has the same force and effect as a subpoena personally served. Failure to comply with a subpoena issued and acknowledged pursuant to this section may be punished as a contempt and the subpoena may so state. A party requesting a continuance based upon the failure of a witness to appear at the time and place required for the appearance or testimony pursuant to a subpoena, shall prove that the party has complied with this section. The continuance shall only be granted for a period of time that would allow personal service of the subpoena and in no event longer than that allowed by law. (c) No witness is obliged to attend unless the witness is a resident of the state at the time of service. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  34. 11450.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 11. Subpoenas [11450.05 - 11450.50] ( Article 11 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    A person served with a subpoena may object by motion, the presiding officer must resolve the objection, and the agency may quash its own sua sponte subpoena.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 11. Subpoenas [11450.05 - 11450.50] ( Article 11 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11450.30. (a) A person served with a subpoena or a subpoena duces tecum may object to its terms by a motion for a protective order, including a motion to quash. (b) The objection shall be resolved by the presiding officer on terms and conditions that the presiding officer declares. The presiding officer may make another order that is appropriate to protect the parties or the witness from unreasonable or oppressive demands, including violations of the right to privacy. (c) A subpoena or a subpoena duces tecum issued by the agency on its own motion may be quashed by the agency. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  35. 11450.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 11. Subpoenas [11450.05 - 11450.50] ( Article 11 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    A party who subpoenas a non-party witness must pay that witness the same mileage and fees allowed in a civil case.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 11. Subpoenas [11450.05 - 11450.50] ( Article 11 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11450.40. A witness appearing pursuant to a subpoena or a subpoena duces tecum, other than a party, shall receive for the appearance the following mileage and fees, to be paid by the party at whose request the witness is subpoenaed: (a) The same mileage allowed by law to a witness in a civil case. (b) The same fees allowed by law to a witness in a civil case. This subdivision does not apply to an officer or employee of the state or a political subdivision of the state. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  36. 11450.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 11. Subpoenas [11450.05 - 11450.50] ( Article 11 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    A subpoena is not required for a witness if written notice to attend, including the hearing time and place, is served on the party’s attorney.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 11. Subpoenas [11450.05 - 11450.50] ( Article 11 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11450.50. (a) In the case of the production of a party to the record of a proceeding or of a person for whose benefit a proceeding is prosecuted or defended, the service of a subpoena on the witness is not required if written notice requesting the witness to attend, with the time and place of the hearing, is served on the attorney of the party or person. (b) Service of written notice to attend under this section shall be made in the manner and is subject to the conditions provided in Section 1987 of the Code of Civil Procedure for service of written notice to attend in a civil action or proceeding. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  37. 11455.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 12. Enforcement of Orders and Sanctions [11455.10 - 11455.30] ( Article 12 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    A person may be subject to a contempt sanction in an agency adjudicative proceeding for disobeying lawful orders, refusing to testify, disrupting the hearing, violating ex parte communication rules, or ignoring certain discovery and subpoena-related orders without substantial justification.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 12. Enforcement of Orders and Sanctions [11455.10 - 11455.30] ( Article 12 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11455.10. A person is subject to the contempt sanction for any of the following in an adjudicative proceeding before an agency: (a) Disobedience of or resistance to a lawful order. (b) Refusal to take the oath or affirmation as a witness or thereafter refusal to be examined. (c) Obstruction or interruption of the due course of the proceeding during a hearing or near the place of the hearing by any of the following: (1) Disorderly, contemptuous, or insolent behavior toward the presiding officer while conducting the proceeding. (2) Breach of the peace, boisterous conduct, or violent disturbance. (3) Other unlawful interference with the process or proceedings of the agency. (d) Violation of the prohibition of ex parte communications under Article 7 (commencing with Section 11430.10). (e) Failure or refusal, without substantial justification, to comply with a deposition order, discovery request, subpoena, or other order of the presiding officer, or moving, without substantial justification, to compel discovery. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  38. 11455.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 12. Enforcement of Orders and Sanctions [11455.10 - 11455.30] ( Article 12 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    A presiding officer or agency head may send contempt-finding facts to the superior court, and the court must order the person to appear and explain why contempt punishment should not be imposed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 12. Enforcement of Orders and Sanctions [11455.10 - 11455.30] ( Article 12 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11455.20. (a) The presiding officer or agency head may certify the facts that justify the contempt sanction against a person to the superior court in and for the county where the proceeding is conducted. The court shall thereupon issue an order directing the person to appear before the court at a specified time and place, and then and there to show cause why the person should not be punished for contempt. The order and a copy of the certified statement shall be served on the person. Upon service of the order and a copy of the certified statement, the court has jurisdiction of the matter. (b) The same proceedings shall be had, the same penalties may be imposed, and the person charged may purge the contempt in the same way, as in the case of a person who has committed a contempt in the trial of a civil action before a superior court. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  39. 11455.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 12. Enforcement of Orders and Sanctions [11455.10 - 11455.30] ( Article 12 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    The presiding officer may order a party, the party’s attorney, or another authorized representative to pay reasonable expenses, including attorney’s fees, when bad faith conduct or tactics are frivolous or meant to cause unnecessary delay.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 12. Enforcement of Orders and Sanctions [11455.10 - 11455.30] ( Article 12 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11455.30. (a) The presiding officer may order a party, the party’s attorney or other authorized representative, or both, to pay reasonable expenses, including attorney’s fees, incurred by another party as a result of bad faith actions or tactics that are frivolous or solely intended to cause unnecessary delay as defined in Section 128.5 of the Code of Civil Procedure. (b) The order, or denial of an order, is subject to judicial review in the same manner as a decision in the proceeding. The order is enforceable in the same manner as a money judgment or by the contempt sanction. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  40. 11460.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 13. Emergency Decision [11460.10 - 11460.80] ( Article 13 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    An agency may conduct an adjudicative proceeding under the emergency decision procedure, but only within the article’s limitations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 13. Emergency Decision [11460.10 - 11460.80] ( Article 13 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11460.10. Subject to the limitations in this article, an agency may conduct an adjudicative proceeding under the emergency decision procedure provided in this article. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  41. 11460.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 13. Emergency Decision [11460.10 - 11460.80] ( Article 13 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    An agency may issue an emergency decision for temporary, interim relief only if it has adopted a regulation allowing use of this procedure.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 13. Emergency Decision [11460.10 - 11460.80] ( Article 13 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11460.20. (a) An agency may 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. (b) The regulation shall elaborate the application of the provisions of this article to an emergency decision by the agency, including all of the following: (1) Define the specific circumstances in which an emergency decision may be issued under this article. (2) State the nature of the temporary, interim relief that the agency may order. (3) Prescribe the procedures that will be available before and after issuance of an emergency decision under this article. The procedures may be more protective of the person to which the agency action is directed than those provided in this article. (c) 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. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  42. 11460.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 13. Emergency Decision [11460.10 - 11460.80] ( Article 13 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    An agency may issue an emergency decision only when there is an immediate danger to public health, safety, or welfare that requires immediate action.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 13. Emergency Decision [11460.10 - 11460.80] ( Article 13 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11460.30. (a) An agency may 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. (b) 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. (c) An emergency decision issued under this article is limited to temporary, interim relief. The temporary, interim relief is subject to judicial review under Section 11460.80, and the underlying issue giving rise to the temporary, interim relief is subject to an adjudicative proceeding pursuant to Section 11460.60. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  43. 11460.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 13. Emergency Decision [11460.10 - 11460.80] ( Article 13 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    Before issuing an emergency decision, the agency should, if practicable, give the affected person notice and an opportunity to be heard.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 13. Emergency Decision [11460.10 - 11460.80] ( Article 13 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11460.40. (a) Before issuing an emergency decision under this article, the agency shall, if practicable, give the person to which the agency action is directed notice and an opportunity to be heard. (b) 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. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  44. 11460.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 13. Emergency Decision [11460.10 - 11460.80] ( Article 13 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    The agency must issue an emergency decision with a brief factual and legal explanation, and must give notice to the affected person as far as practicable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 13. Emergency Decision [11460.10 - 11460.80] ( Article 13 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11460.50. (a) The agency shall 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. (b) The agency shall 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. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  45. 11460.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 13. Emergency Decision [11460.10 - 11460.80] ( Article 13 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    After issuing an emergency decision for temporary interim relief, the agency must hold an adjudicative proceeding to resolve the underlying issues, and it must start another adjudicative proceeding within 10 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 13. Emergency Decision [11460.10 - 11460.80] ( Article 13 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11460.60. (a) After issuing an emergency decision under this article for temporary, interim relief, the agency shall 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. (b) The agency shall 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. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  46. 11460.70.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 13. Emergency Decision [11460.10 - 11460.80] ( Article 13 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    The agency record includes documents about the matter that the agency considered or prepared, and the agency must keep those documents as the official record.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 13. Emergency Decision [11460.10 - 11460.80] ( Article 13 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11460.70. The agency record consists of any documents concerning the matter that were considered or prepared by the agency. The agency shall maintain these documents as its official record. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  47. 11460.80.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 13. Emergency Decision [11460.10 - 11460.80] ( Article 13 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    A person directed by an emergency decision may seek judicial review without exhausting administrative remedies. The court must hear the review quickly, no later than 15 days after service of the petition, and a party may request appropriate discovery within 10 days after the emergency decision.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 13. Emergency Decision [11460.10 - 11460.80] ( Article 13 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11460.80. (a) 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. (b) Judicial review under this section shall be pursuant to Section 1094.5 of the Code of Civil Procedure, subject to the following provisions: (1) The hearing shall be on the earliest day that the business of the court will admit of, but not later than 15 days after service of the petition on the agency. (2) Where it is claimed that the findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record. (3) A party, on written request to another party, before the proceedings for review and within 10 days after issuance of the emergency decision, is entitled to appropriate discovery. (4) The relief that may be ordered on judicial review is limited to a stay of the emergency decision. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  48. 11465.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 14. Declaratory Decision [11465.10 - 11465.70] ( Article 14 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    An agency may conduct an adjudicative proceeding under the declaratory decision procedure, subject to the article’s limitations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 14. Declaratory Decision [11465.10 - 11465.70] ( Article 14 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11465.10. Subject to the limitations in this article, an agency may conduct an adjudicative proceeding under the declaratory decision procedure provided in this article. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  49. 11465.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 14. Declaratory Decision [11465.10 - 11465.70] ( Article 14 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    A person may ask an agency for a declaratory decision, and the agency may issue one at its discretion unless listed conditions bar it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 14. Declaratory Decision [11465.10 - 11465.70] ( Article 14 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11465.20. (a) A person may apply to an agency for a declaratory decision as to the applicability to specified circumstances of a statute, regulation, or decision within the primary jurisdiction of the agency. (b) The agency in its discretion may issue a declaratory decision in response to the application. The agency shall not issue a declaratory decision if any of the following applies: (1) Issuance of the decision would be contrary to a regulation adopted under this article. (2) The decision would substantially prejudice the rights of a person who would be a necessary party and who does not consent in writing to the determination of the matter by a declaratory decision proceeding. (3) The decision involves a matter that is the subject of pending administrative or judicial proceedings. (c) An application for a declaratory decision is not required for exhaustion of the applicant’s administrative remedies for purposes of judicial review. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  50. 11465.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 14. Declaratory Decision [11465.10 - 11465.70] ( Article 14 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    An agency must give notice of a declaratory decision application within 30 days after receiving it, and may give notice to other persons.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 14. Declaratory Decision [11465.10 - 11465.70] ( Article 14 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11465.30. Within 30 days after receipt of an application for a declaratory decision, an agency shall give notice of the application to all persons to which notice of an adjudicative proceeding is otherwise required, and may give notice to any other person. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  51. 11465.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 14. Declaratory Decision [11465.10 - 11465.70] ( Article 14 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    Hearing procedure provisions generally do not apply to an agency proceeding for a declaratory decision, except as this article provides or if the agency provides otherwise by regulation or order.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 14. Declaratory Decision [11465.10 - 11465.70] ( Article 14 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11465.40. The provisions of a formal, informal, or other applicable hearing procedure do not apply to an agency proceeding for a declaratory decision except to the extent provided in this article or to the extent the agency so provides by regulation or order. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  52. 11465.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 14. Declaratory Decision [11465.10 - 11465.70] ( Article 14 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    An agency must act in writing within 60 days after receiving an application for a declaratory decision, and must promptly serve a copy of its action on the applicant and any other party.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 14. Declaratory Decision [11465.10 - 11465.70] ( Article 14 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11465.50. (a) Within 60 days after receipt of an application for a declaratory decision, an agency shall do one of the following, in writing: (1) Issue a decision declaring the applicability of the statute, regulation, or decision in question to the specified circumstances. (2) Set the matter for specified proceedings. (3) Agree to issue a declaratory decision by a specified time. (4) Decline to issue a declaratory decision, stating in writing the reasons for its action. Agency action under this paragraph is not subject to judicial review. (b) A copy of the agency’s action under subdivision (a) shall be served promptly on the applicant and any other party. (c) If an agency has not taken action under subdivision (a) within 60 days after receipt of an application for a declaratory decision, the agency is considered to have declined to issue a declaratory decision on the matter. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  53. 11465.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 14. Declaratory Decision [11465.10 - 11465.70] ( Article 14 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    A declaratory decision must include the parties’ names, the facts it is based on, and the reasons for the decision.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 14. Declaratory Decision [11465.10 - 11465.70] ( Article 14 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11465.60. (a) A declaratory decision shall contain the names of all parties to the proceeding, the particular facts on which it is based, and the reasons for its conclusion. (b) A declaratory decision has the same status and binding effect as any other decision issued by the agency in an adjudicative proceeding. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  54. 11465.70.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 14. Declaratory Decision [11465.10 - 11465.70] ( Article 14 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    The Office of Administrative Hearings must adopt model regulations for declaratory decisions, and those regulations must cover when agencies may refuse a declaratory decision, application requirements, procedural rights, and application disposition.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 14. Declaratory Decision [11465.10 - 11465.70] ( Article 14 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11465.70. (a) The Office of Administrative Hearings shall adopt and promulgate model regulations under this article that are consistent with the public interest and with the general policy of this article to facilitate and encourage agency issuance of reliable advice. The model regulations shall provide for all of the following: (1) A description of the classes of circumstances in which an agency will not issue a declaratory decision. (2) The form, contents, and filing of an application for a declaratory decision. (3) The procedural rights of a person in relation to an application. (4) The disposition of an application. (b) The regulations adopted by the Office of Administrative Hearings under this article apply in an adjudicative proceeding unless an agency adopts its own regulations to govern declaratory decisions of the agency. (c) This article does not apply in an adjudicative proceeding to the extent an agency by regulation provides inconsistent rules or provides that this article is not applicable in a proceeding of the agency. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  55. 11470.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 15. Conversion of Proceeding [11470.10 - 11470.50] ( Article 15 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    An agency presiding officer or responsible official may convert a proceeding to another type of proceeding if it is appropriate, in the public interest, and does not substantially prejudice a party’s rights; conversion must be made if required by statute or regulation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 15. Conversion of Proceeding [11470.10 - 11470.50] ( Article 15 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11470.10. (a) Subject to any applicable regulation adopted under Section 11470.50, at any point in an agency proceeding the presiding officer or other agency official responsible for the proceeding: (1) May convert the proceeding to another type of agency proceeding provided for by statute if the conversion is appropriate, is in the public interest, and does not substantially prejudice the rights of a party. (2) Shall convert the proceeding to another type of agency proceeding provided for by statute, if required by regulation or statute. (b) A proceeding of one type may be converted to a proceeding of another type only on notice to all parties to the original proceeding. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  56. 11470.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 15. Conversion of Proceeding [11470.10 - 11470.50] ( Article 15 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    If the original presiding officer or agency official would not have authority over a converted proceeding, the agency head must appoint a successor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 15. Conversion of Proceeding [11470.10 - 11470.50] ( Article 15 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11470.20. If the presiding officer or other agency official responsible for the original proceeding would not have authority over the new proceeding to which it is to be converted, the agency head shall appoint a successor to preside over or be responsible for the new proceeding. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  57. 11470.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 15. Conversion of Proceeding [11470.10 - 11470.50] ( Article 15 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    The record from the original agency proceeding should be used in the new proceeding when practicable and consistent with the parties’ rights and this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 15. Conversion of Proceeding [11470.10 - 11470.50] ( Article 15 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11470.30. To the extent practicable and consistent with the rights of parties and the requirements of this article relating to the new proceeding, the record of the original agency proceeding shall be used in the new agency proceeding. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  58. 11470.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 15. Conversion of Proceeding [11470.10 - 11470.50] ( Article 15 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    When a proceeding is converted to a new type, the responsible presiding officer or agency official must give needed extra notice, skip further proceedings if the existing record is enough, or hold any additional proceedings needed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 15. Conversion of Proceeding [11470.10 - 11470.50] ( Article 15 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11470.40. After a proceeding is converted from one type to another, the presiding officer or other agency official responsible for the new proceeding shall do all of the following: (a) Give additional notice to parties or other persons necessary to satisfy the statutory requirements relating to the new proceeding. (b) Dispose of the matters involved without further proceedings if sufficient proceedings have already been held to satisfy the statutory requirements relating to the new proceeding. (c) Conduct or cause to be conducted any additional proceedings necessary to satisfy the statutory requirements relating to the new proceeding, and allow the parties a reasonable time to prepare for the new proceeding. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  59. 11470.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 15. Conversion of Proceeding [11470.10 - 11470.50] ( Article 15 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    An agency may adopt regulations about converting one type of proceeding into another.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 15. Conversion of Proceeding [11470.10 - 11470.50] ( Article 15 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11470.50. An agency may adopt regulations to govern the conversion of one type of proceeding to another. The regulations may include an enumeration of the factors to be considered in determining whether and under what circumstances one type of proceeding will be converted to another. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  60. 11475.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 16. Administrative Adjudication Code of Ethics [11475 - 11475.70] ( Article 16 added by Stats. 1998, Ch. 95, Sec. 1. )

    Verify source ↗

    The rules in this article may be referred to as the Administrative Adjudication Code of Ethics.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 16. Administrative Adjudication Code of Ethics [11475 - 11475.70] ( Article 16 added by Stats. 1998, Ch. 95, Sec. 1. ) ## 11475. The rules imposed by this article may be referred to as the Administrative Adjudication Code of Ethics. (Added by Stats. 1998, Ch. 95, Sec. 1. Effective January 1, 1999.)
  61. 11475.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 16. Administrative Adjudication Code of Ethics [11475 - 11475.70] ( Article 16 added by Stats. 1998, Ch. 95, Sec. 1. )

    Verify source ↗

    This article applies to administrative law judges and certain presiding officers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 16. Administrative Adjudication Code of Ethics [11475 - 11475.70] ( Article 16 added by Stats. 1998, Ch. 95, Sec. 1. ) ## 11475.10. (a) This article applies to the following persons: (1) An administrative law judge. As used in this subdivision, “administrative law judge” means an incumbent of that position, as defined by the State Personnel Board, for each class specification for Administrative Law Judge. (2) A presiding officer to which this article is made applicable by statute or regulation. (b) This article shall apply notwithstanding any general statutory provision that this chapter does not apply to some or all of a state agency’s adjudicative proceedings. (Added by Stats. 1998, Ch. 95, Sec. 1. Effective January 1, 1999.)
  62. 11475.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 16. Administrative Adjudication Code of Ethics [11475 - 11475.70] ( Article 16 added by Stats. 1998, Ch. 95, Sec. 1. )

    Verify source ↗

    Except where this article says otherwise, the Code of Judicial Ethics governs the conduct of an administrative law judge or other presiding officer covered by this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 16. Administrative Adjudication Code of Ethics [11475 - 11475.70] ( Article 16 added by Stats. 1998, Ch. 95, Sec. 1. ) ## 11475.20. Except as otherwise provided in this article, the Code of Judicial Ethics adopted by the Supreme Court pursuant to subdivision (m) of Section 18 of Article VI of the California Constitution for the conduct of judges governs the hearing and nonhearing conduct of an administrative law judge or other presiding officer to which this article applies. (Added by Stats. 1998, Ch. 95, Sec. 1. Effective January 1, 1999.)
  63. 11475.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 16. Administrative Adjudication Code of Ethics [11475 - 11475.70] ( Article 16 added by Stats. 1998, Ch. 95, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the Code of Judicial Ethics for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 16. Administrative Adjudication Code of Ethics [11475 - 11475.70] ( Article 16 added by Stats. 1998, Ch. 95, Sec. 1. ) ## 11475.30. For the purpose of this article, the following terms used in the Code of Judicial Ethics have the meanings provided in this section: (a) “Appeal” means administrative review. (b) “Court” means the agency conducting an adjudicative proceeding. (c) “Judge” means administrative law judge or other presiding officer to which this article applies. Related terms, including “judicial,” “judiciary,” and “justice,” mean comparable concepts in administrative adjudication. (d) “Law” includes regulation and precedent decision. (Added by Stats. 1998, Ch. 95, Sec. 1. Effective January 1, 1999.)
  64. 11475.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 16. Administrative Adjudication Code of Ethics [11475 - 11475.70] ( Article 16 added by Stats. 1998, Ch. 95, Sec. 1. )

    Verify source ↗

    Several Code of Judicial Ethics provisions do not apply under this article, and the introductory paragraph of Canon 5 still applies to persons subject to this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 16. Administrative Adjudication Code of Ethics [11475 - 11475.70] ( Article 16 added by Stats. 1998, Ch. 95, Sec. 1. ) ## 11475.40. The following provisions of the Code of Judicial Ethics do not apply under this article: (a) Canon 3B(7), to the extent it relates to ex parte communications. (b) Canon 3B(10). (c) Canon 3D(3). (d) Canon 4C. (e) Canons 4E(1), 4F, and 4G. (f) Canons 5A–5D. However, the introductory paragraph of Canon 5 applies to persons subject to this article notwithstanding Chapter 9.5 (commencing with Section 3201) of Division 4 of Title 1, relating to political activities of public employees. (g) Canon 6. (Added by Stats. 1998, Ch. 95, Sec. 1. Effective January 1, 1999.)
  65. 11475.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 16. Administrative Adjudication Code of Ethics [11475 - 11475.70] ( Article 16 added by Stats. 1998, Ch. 95, Sec. 1. )

    Verify source ↗

    If an applicable ethics rule or gift/travel restriction is violated by a covered administrative law judge or other presiding officer, the employing agency may discipline that person.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 16. Administrative Adjudication Code of Ethics [11475 - 11475.70] ( Article 16 added by Stats. 1998, Ch. 95, Sec. 1. ) ## 11475.50. A violation of an applicable provision of the Code of Judicial Ethics, or a violation of the restrictions and prohibitions on accepting honoraria, gifts, or travel that otherwise apply to elected state officers pursuant to Chapter 9.5 (commencing with Section 89500) of Title 9, by an administrative law judge or other presiding officer to which this article applies is cause for discipline by the employing agency pursuant to Section 19572. (Added by Stats. 1998, Ch. 95, Sec. 1. Effective January 1, 1999.)
  66. 11475.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 16. Administrative Adjudication Code of Ethics [11475 - 11475.70] ( Article 16 added by Stats. 1998, Ch. 95, Sec. 1. )

    Verify source ↗

    People covered by this article must follow the applicable Code of Judicial Ethics immediately, except that Canon 4D(2) must be followed as soon as reasonably possible and no later than one year after the article applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 16. Administrative Adjudication Code of Ethics [11475 - 11475.70] ( Article 16 added by Stats. 1998, Ch. 95, Sec. 1. ) ## 11475.60. (a) Except as provided in subdivision (b), a person to whom this article applies shall comply immediately with all applicable provisions of the Code of Judicial Ethics. (b) A person to whom this article applies shall comply with Canon 4D(2) of the Code of Judicial Ethics as soon as reasonably possible and shall do so in any event within a period of one year after the article becomes applicable. (Added by Stats. 1998, Ch. 95, Sec. 1. Effective January 1, 1999.)
  67. 11475.70.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 16. Administrative Adjudication Code of Ethics [11475 - 11475.70] ( Article 16 added by Stats. 1998, Ch. 95, Sec. 1. )

    Verify source ↗

    This section says the article does not limit or affect the rights of an administrative law judge or other presiding officer under another chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 16. Administrative Adjudication Code of Ethics [11475 - 11475.70] ( Article 16 added by Stats. 1998, Ch. 95, Sec. 1. ) ## 11475.70. Nothing in this article shall be construed or is intended to limit or affect the rights of an administrative law judge or other presiding officer under Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1. (Added by Stats. 1998, Ch. 95, Sec. 1. Effective January 1, 1999.)
  68. 115.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Territorial Jurisdiction [110 - 127] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Jurisdiction ceded to the United States under this article is limited by any retrocession of jurisdiction granted by the United States and accepted by the State.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Territorial Jurisdiction [110 - 127] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 115. All jurisdiction ceded to the United States by this article is limited by the terms of any retrocession of jurisdiction heretofore or hereafter granted by the United States and accepted by the State. (Enacted by Stats. 1943, Ch. 134.)
  69. 1150.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section defines key terms used in the article on salary and wage deductions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1150. As used in this article: (a) “State employee” means all persons who receive wages for services through the uniform payroll system established and administered by the Controller under Section 12470. (b) “Public agency” includes counties, cities, municipal corporations, political subdivisions, public districts, and other public agencies of the state. (c) “Employee organization” means an organization which represents employees of a public employer and that has been recognized or certified by the public employer or the Public Employment Relations Board as the exclusive representative of the employees. (d) “Bona fide association” means an organization of employees and former employees of an agency of the state and the California State University, and which does not have as one of its purposes representing these employees in their employer-employee relations. (e) “Deduction” does not include direct deposit by electronic fund transfer, as authorized by Sections 7506 and 12480. (f) (1) “Public employer” means the state, the Regents of the University of California, the Trustees of the California State University and the California State University, the Judicial Council, a trial court, a county, city, district, public authority, including transit district, public agency, or any other political subdivision or public corporation of the state, except as provided in paragraph (2). (2) A public school employer or community college district is not a public employer for purposes of transmittal of payroll deductions to professional organizations or employee organizations. These entities shall be governed by Sections 45060, 45168, 87833, and 88167 of the Education Code, as may be applicable. (Amended by Stats. 2018, Ch. 53, Sec. 5. (SB 866) Effective June 27, 2018.)
  70. 11500.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    This section defines key terms used in Chapter 5, including agency, party, respondent, administrative law judge, and agency member.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11500. In this chapter unless the context or subject matter otherwise requires: (a) “Agency” includes the state boards, commissions, and officers to which this chapter is made applicable by law, except that wherever the word “agency” alone is used the power to act may be delegated by the agency, and wherever the words “agency itself” are used the power to act shall not be delegated unless the statutes relating to the particular agency authorize the delegation of the agency’s power to hear and decide. (b) “Party” includes the agency, the respondent, and any person, other than an officer or an employee of the agency in his or her official capacity, who has been allowed to appear or participate in the proceeding. (c) “Respondent” means any person against whom an accusation or District Statement of Reduction in Force is filed pursuant to Section 11503 or against whom a statement of issues is filed pursuant to Section 11504. (d) “Administrative law judge” means an individual qualified under Section 11502. (e) “Agency member” means any person who is a member of any agency to which this chapter is applicable and includes any person who himself or herself constitutes an agency. (Amended by Stats. 2013, Ch. 90, Sec. 2. (SB 546) Effective January 1, 2014.)
  71. 11501.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    This section says the chapter applies to certain agencies and agency adjudicative proceedings, and it also brings in Chapter 4.5 for proceedings that must be conducted under this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11501. (a) This chapter applies to any agency as determined by the statutes relating to that agency. (b) This chapter applies to an adjudicative proceeding of an agency created on or after July 1, 1997, unless the statutes relating to the proceeding provide otherwise. (c) Chapter 4.5 (commencing with Section 11400) applies to an adjudicative proceeding required to be conducted under this chapter, unless the statutes relating to the proceeding provide otherwise. (Repealed (in Sec. 24) and added by Stats. 1995, Ch. 938, Sec. 24.5. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  72. 11502.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    State agency hearings covered by this chapter must be conducted by administrative law judges on the staff of the Office of Administrative Hearings. The Director of that office has power to appoint those judges, and each judge must meet stated legal-practice and qualification requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11502. (a) All hearings of state agencies required to be conducted under this chapter shall be conducted by administrative law judges on the staff of the Office of Administrative Hearings. This subdivision applies to a hearing required to be conducted under this chapter that is conducted under the informal hearing or emergency decision procedure provided in Chapter 4.5 (commencing with Section 11400). (b) The Director of the Office of Administrative Hearings has power to appoint a staff of administrative law judges for the office as provided in Section 11370.3. Each administrative law judge shall have been admitted to practice law in this state for at least five years immediately preceding his or her appointment and shall possess any additional qualifications established by the State Personnel Board for the particular class of position involved. (Amended by Stats. 1995, Ch. 938, Sec. 26. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  73. 11503.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    This section says a reduction-in-force hearing uses a “District Statement of Reduction in Force” as the initiating document, treated the same as an accusation, and the respondent’s responsive pleading must be titled “Notice of Participation in Reduction in Force Hearing.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11503. (a) A hearing to determine whether a right, authority, license, or privilege should be revoked, suspended, limited, or conditioned shall be initiated by filing an accusation or District Statement of Reduction in Force. The accusation or District Statement of Reduction in Force shall be a written statement of charges that shall set forth in ordinary and concise language the acts or omissions with which the respondent is charged, to the end that the respondent will be able to prepare their defense. It shall specify the statutes and rules that the respondent is alleged to have violated, but shall not consist merely of charges phrased in the language of those statutes and rules. The accusation or District Statement of Reduction in Force shall be verified unless made by a public officer acting in their official capacity or by an employee of the agency before which the proceeding is to be held. The verification may be on information and belief. (b) In a hearing involving a reduction in force that is conducted pursuant to Section 44949, 45117, or 88017 of the Education Code, the hearing shall be initiated by filing a “District Statement of Reduction in Force.” For purposes of this chapter, a “District Statement of Reduction in Force” shall have the same meaning as an “accusation.” Respondent’s responsive pleading shall be entitled “Notice of Participation in Reduction in Force Hearing.” (Amended by Stats. 2021, Ch. 665, Sec. 4. (AB 438) Effective January 1, 2022.)
  74. 11504.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    To start certain hearings, the initiating party must file a statement of issues, and that statement must be verified, served, and include specified content unless an exception applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11504. A hearing to determine whether a right, authority, license, or privilege should be granted, issued, or renewed shall be initiated by filing a statement of issues. The statement of issues shall be a written statement specifying the statutes and rules with which the respondent must show compliance by producing proof at the hearing and, in addition, any particular matters that have come to the attention of the initiating party and that would authorize a denial of the agency action sought. The statement of issues shall be verified unless made by a public officer acting in his or her official capacity or by an employee of the agency before which the proceeding is to be held. The verification may be on information and belief. The statement of issues shall be served in the same manner as an accusation, except that, if the hearing is held at the request of the respondent, Sections 11505 and 11506 shall not apply and the statement of issues together with the notice of hearing shall be delivered or mailed to the parties as provided in Section 11509. Unless a statement to respondent is served pursuant to Section 11505, a copy of Sections 11507.5, 11507.6, and 11507.7, and the name and address of the person to whom requests permitted by Section 11505 may be made, shall be served with the statement of issues. (Amended by Stats. 1997, Ch. 17, Sec. 50. Effective January 1, 1998.)
  75. 11504.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    In these sections, references to accusations also apply to statements of issues, except where subdivision (a) of Section 11505 and Section 11506 says compliance is not required.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11504.5. In the following sections of this chapter, all references to accusations shall be deemed to be applicable to statements of issues except in those cases mentioned in subdivision (a) of Section 11505 and Section 11506 where compliance is not required. (Added by Stats. 1963, Ch. 856.)
  76. 11505.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    The agency must serve the accusation or reduction-in-force statement on the respondent and include notice forms and related sections; the respondent can request a hearing within 15 days, and the agency may proceed without a hearing if no timely request is filed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11505. (a) Upon the filing of the accusation or District Statement of Reduction in Force the agency shall serve a copy thereof on the respondent as provided in subdivision (c). The agency may include with the accusation or District Statement of Reduction in Force any information that it deems appropriate, but it shall include a postcard or other form entitled Notice of Defense, or, as applicable, Notice of Participation, that, when signed by or on behalf of the respondent and returned to the agency, will acknowledge service of the accusation or District Statement of Reduction in Force and constitute a notice of defense, or, as applicable, notice of participation, under Section 11506. The copy of the accusation or District Statement of Reduction in Force shall include or be accompanied by (1) a statement that respondent may request a hearing by filing a notice of defense, or, as applicable, notice of participation, as provided in Section 11506 within 15 days after service upon the respondent of the accusation or District Statement of Reduction in Force, and that failure to do so will constitute a waiver of the respondent’s right to a hearing, and (2) copies of Sections 11507.5, 11507.6, and 11507.7. (b) The statement to respondent shall be substantially in the following form: Unless a written request for a hearing signed by or on behalf of the person named as respondent in the accompanying accusation or District Statement of Reduction in Force is delivered or mailed to the agency within 15 days after the accusation or District Statement of Reduction in Force was personally served on you or mailed to you, (here insert name of agency) may proceed upon the accusation or District Statement of Reduction in Force without a hearing. The request for a hearing may be made by delivering or mailing the enclosed form entitled Notice of Defense, or, as applicable, Notice of Participation, or by delivering or mailing a notice of defense, or, as applicable, notice of participation, as provided by Section 11506 of the Government Code to: (here insert name and address of agency). You may, but need not, be represented by counsel at any or all stages of these proceedings. If you desire the names and addresses of witnesses or an opportunity to inspect and copy the items mentioned in Section 11507.6 of the Government Code in the possession, custody, or control of the agency, you may contact: (here insert name and address of appropriate person). The hearing may be postponed for good cause. If you have good cause, you are obliged to notify the agency or, if an administrative law judge has been assigned to the hearing, the Office of Administrative Hearings, within 10 working days after you discover the good cause. Failure to give notice within 10 days will deprive you of a postponement. (c) The accusation or District Statement of Reduction in Force and all accompanying information may be sent to the respondent by any means selected by the agency, but no order adversely affecting the rights of the respondent shall be made by the agency in any case unless the respondent has been served personally or by registered mail as provided herein, or has filed a notice of defense, or, as applicable, notice of participation, or otherwise appeared. Service may be proved in the manner authorized in civil actions. Service by registered mail shall be effective if a statute or agency rule requires the respondent to file the respondent’s address with the agency and to notify the agency of any change, and if a registered letter containing the accusation or District Statement of Reduction in Force and accompanying material is mailed, addressed to the respondent at the latest address on file with the agency. (d) For purposes of this chapter, for hearings involving a reduction in force that are conducted pursuant to Section 44949, 45117, or 88017 of the Education Code, a “Notice of Participation” shall have the same meaning as a “Notice of Defense.” (Amended by Stats. 2021, Ch. 665, Sec. 5. (AB 438) Effective January 1, 2022.)
  77. 11506.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    A respondent may file a notice of defense or participation within 15 days after service, and filing it can secure a hearing on the merits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11506. (a) Within 15 days after service of the accusation or District Statement of Reduction in Force the respondent may file with the agency a notice of defense, or, as applicable, notice of participation, in which the respondent may: (1) Request a hearing. (2) Object to the accusation or District Statement of Reduction in Force upon the ground that it does not state acts or omissions upon which the agency may proceed. (3) Object to the form of the accusation or District Statement of Reduction in Force on the ground that it is so indefinite or uncertain that the respondent cannot identify the transaction or prepare a defense. (4) Admit the accusation or District Statement of Reduction in Force in whole or in part. (5) Present new matter by way of defense. (6) Object to the accusation or District Statement of Reduction in Force upon the ground that, under the circumstances, compliance with the requirements of a regulation would result in a material violation of another regulation enacted by another department affecting substantive rights. (b) Within the time specified the respondent may file one or more notices of defense, or, as applicable, notices of participation, upon any or all of these grounds but all of these notices shall be filed within that period unless the agency in its discretion authorizes the filing of a later notice. (c) The respondent shall be entitled to a hearing on the merits if the respondent files a notice of defense or notice of participation, and the notice shall be deemed a specific denial of all parts of the accusation or District Statement of Reduction in Force not expressly admitted. Failure to file a notice of defense or notice of participation shall constitute a waiver of respondent’s right to a hearing, but the agency in its discretion may nevertheless grant a hearing. Unless objection is taken as provided in paragraph (3) of subdivision (a), all objections to the form of the accusation or District Statement of Reduction in Force shall be deemed waived. (d) The notice of defense or notice of participation shall be in writing signed by or on behalf of the respondent and shall state the respondent’s mailing address. It need not be verified or follow any particular form. (e) As used in this section, “file,” “files,” “filed,” or “filing” means “delivered or mailed” to the agency as provided in Section 11505. (Amended by Stats. 2013, Ch. 90, Sec. 5. (SB 546) Effective January 1, 2014.)
  78. 11507.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    Before a matter is submitted for decision, the agency may file or allow an amended or supplemental accusation, and it must notify all parties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11507. At any time before the matter is submitted for decision, the agency may file, or permit the filing of, an amended or supplemental accusation or District Statement of Reduction in Force. All parties shall be notified of the filing. If the amended or supplemental accusation or District Statement of Reduction in Force presents new charges, the agency shall afford the respondent a reasonable opportunity to prepare his or her defense to the new charges, but he or she shall not be entitled to file a further pleading unless the agency in its discretion so orders. Any new charges shall be deemed controverted, and any objections to the amended or supplemental accusation or District Statement of Reduction in Force may be made orally and shall be noted in the record. (Amended by Stats. 2014, Ch. 71, Sec. 69. (SB 1304) Effective January 1, 2015.)
  79. 11507.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    An administrative law judge may order joint hearings, consolidate proceedings, set procedure to reduce cost or delay, or order separate hearings when the stated conditions are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11507.3. (a) When proceedings that involve a common question of law or fact are pending, the administrative law judge on the judge’s own motion or on motion of a party may order a joint hearing of any or all the matters at issue in the proceedings. The administrative law judge may order all the proceedings consolidated and may make orders concerning the procedure that may tend to avoid unnecessary costs or delay. (b) The administrative law judge on the judge’s own motion or on motion of a party, in furtherance of convenience or to avoid prejudice or when separate hearings will be conducive to expedition and economy, may order a separate hearing of any issue, including an issue raised in the notice of defense or notice of participation, or of any number of issues. (Amended by Stats. 2013, Ch. 90, Sec. 7. (SB 546) Effective January 1, 2014.)
  80. 11507.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    For proceedings governed by this chapter, discovery is limited to the exclusive right and method set out in Section 11507.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11507.5. The provisions of Section 11507.6 provide the exclusive right to and method of discovery as to any proceeding governed by this chapter. (Added by Stats. 1968, Ch. 808.)
  81. 11507.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    After a qualifying proceeding begins, a party may request discovery from another party and is entitled to witness names and addresses plus copies or inspection of specified statements, writings, things, and investigative reports.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11507.6. After initiation of a proceeding in which a respondent or other party is entitled to a hearing on the merits, a party, upon written request made to another party, prior to the hearing and within 30 days after service by the agency of the initial pleading or within 15 days after the service of an additional pleading, is entitled to (1) obtain the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing, and (2) inspect and make a copy of any of the following in the possession or custody or under the control of the other party: (a) A statement of a person, other than the respondent, named in the initial administrative pleading, or in any additional pleading, when it is claimed that the act or omission of the respondent as to this person is the basis for the administrative proceeding; (b) A statement pertaining to the subject matter of the proceeding made by any party to another party or person; (c) Statements of witnesses then proposed to be called by the party and of other persons having personal knowledge of the acts, omissions, or events which are the basis for the proceeding, not included in subdivision (a) or (b) above; (d) All writings, including, but not limited to, reports of mental, physical, and blood examinations and things which the party then proposes to offer in evidence; (e) Any other writing or thing which is relevant and which would be admissible in evidence; (f) Investigative reports made by or on behalf of the agency or other party pertaining to the subject matter of the proceeding, to the extent that these reports (1) contain the names and addresses of witnesses or of persons having personal knowledge of the acts, omissions, or events which are the basis for the proceeding, or (2) reflect matters perceived by the investigator in the course of their investigation, or (3) contain or include by attachment any statement or writing described in subdivisions (a) to (e), inclusive, or summary thereof. For the purpose of this section, “statements” include written statements by the person signed or otherwise authenticated by the person, stenographic, mechanical, electrical, or other recordings, or transcripts thereof, of oral statements by the person, and written reports or summaries of these oral statements. Nothing in this section shall authorize the inspection or copying of any writing or thing which is privileged from disclosure by law or otherwise made confidential or protected as the attorney’s work product. Discovery of all categories of evidence specified in this section may be conducted electronically by means prescribed by an administrative law judge. (Amended by Stats. 2021, Ch. 401, Sec. 14. (AB 1578) Effective January 1, 2022.)
  82. 11507.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    A party that says a discovery request under Section 11507.6 was not met may file a motion to compel with the administrative law judge, and the judge must follow set timing and service rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11507.7. (a) Any party claiming the party’s request for discovery pursuant to Section 11507.6 has not been complied with may serve and file with the administrative law judge a motion to compel discovery, naming as respondent the party refusing or failing to comply with Section 11507.6. The motion shall state facts showing the respondent party failed or refused to comply with Section 11507.6, a description of the matters sought to be discovered, the reason or reasons why the matter is discoverable under that section, that a reasonable and good faith attempt to contact the respondent for an informal resolution of the issue has been made, and the ground or grounds of respondent’s refusal so far as known to the moving party. (b) The motion shall be served upon respondent party and filed within 15 days after the respondent party first evidenced failure or refusal to comply with Section 11507.6 or within 30 days after request was made and the party has failed to reply to the request, or within another time provided by stipulation, whichever period is longer. (c) The hearing on the motion to compel discovery shall be held within 15 days after the motion is made, or a later time that the administrative law judge may on the judge’s own motion for good cause determine. The respondent party shall have the right to serve and file a written answer or other response to the motion before or at the time of the hearing. (d) Where the matter sought to be discovered is under the custody or control of the respondent party and the respondent party asserts that the matter is not a discoverable matter under the provisions of Section 11507.6, or is privileged against disclosure under those provisions, the administrative law judge may order lodged with it matters provided in subdivision (b) of Section 915 of the Evidence Code and examine the matters in accordance with its provisions. (e) The administrative law judge shall decide the case on the matters examined in camera, the papers filed by the parties, and such oral argument and additional evidence as the administrative law judge may allow. (f) Unless otherwise stipulated by the parties, the administrative law judge shall no later than 15 days after the hearing make its order denying or granting the motion. The order shall be in writing setting forth the matters the moving party is entitled to discover under Section 11507.6. A copy of the order shall forthwith be served by mail by the administrative law judge upon the parties. Where the order grants the motion in whole or in part, the order shall not become effective until 10 days after the date the order is served. Where the order denies relief to the moving party, the order shall be effective on the date it is served. (Amended by Stats. 1995, Ch. 938, Sec. 32. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  83. 11508.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

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    This section tells the agency how to set the hearing’s time and place, requires hearings to be held at specified office facilities unless an exception applies, and allows limited alternatives or a change request.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11508. (a) The agency shall consult the office, and subject to the availability of its staff, shall determine the time and place of the hearing. The hearing shall be held at a hearing facility maintained by the office in Sacramento, Oakland, Los Angeles, or San Diego and shall be held at the facility that is closest to the location where the transaction occurred or the respondent resides. (b) Notwithstanding subdivision (a), the hearing may be held at any of the following places: (1) A place selected by the agency that is closer to the location where the transaction occurred or the respondent resides. (2) A place within the state selected by agreement of the parties. (3) Virtually by telephone, videoconference, or other electronic means. (c) The respondent may move for, and the administrative law judge has discretion to grant or deny, a change in the place of the hearing. A motion for a change in the place of the hearing shall be made within 10 days after service of the notice of hearing on the respondent. (d) Unless good cause is identified in writing by the administrative law judge, hearings shall be held in a facility maintained by the office. (Amended by Stats. 2021, Ch. 401, Sec. 15. (AB 1578) Effective January 1, 2022.)
  84. 11509.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    The agency must send notice of the hearing to all parties at least 10 days before the hearing, and a respondent who objects to the hearing location must notify the presiding officer within 10 days after service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11509. The agency shall deliver or mail a notice of hearing to all parties at least 10 days prior to the hearing. The hearing shall not be prior to the expiration of the time within which the respondent is entitled to file a notice of defense, or, as applicable, notice of participation. The notice to respondent shall be substantially in the following form but may include other information: You are hereby notified that a hearing will be held before [here insert name of agency] at [here insert place of hearing] on the ____ day of ____, 20__, at the hour of ____, upon the charges made in the accusation or District Statement of Reduction in Force served upon you. If you object to the place of hearing, you must notify the presiding officer within 10 days after this notice is served on you. Failure to notify the presiding officer within 10 days will deprive you of a change in the place of the hearing. You may be present at the hearing. You have the right to be represented by an attorney at your own expense. You are not entitled to the appointment of an attorney to represent you at public expense. You are entitled to represent yourself without legal counsel. You may present any relevant evidence, and will be given full opportunity to cross-examine all witnesses testifying against you. You are entitled to the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by applying to [here insert appropriate office of agency]. (Amended by Stats. 2013, Ch. 90, Sec. 8. (SB 546) Effective January 1, 2014.)
  85. 1151.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    State employees may authorize payroll deductions for certain listed payments and purchases.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1151. State employees may authorize deductions to be made from their salaries or wages for payment of one or more of the following: (a) Insurance premiums or other employee benefit programs sponsored by a state agency under appropriate statutory authority. (b) Premiums on National Service Life Insurance or United States Government Converted Insurance. (c) Shares or obligations to any regularly chartered credit union. (d) Recurrent fees or charges payable to a state agency for a program that has a purpose related to government, as determined by the Controller. (e) The purchase of United States savings bonds in accordance with procedures established by the Controller. (f) Payment of charitable contributions under any plan approved by the Department of General Services in accordance with procedures established by the Controller. (g) Passes, tickets, or tokens issued for a period of one month, or more, by a public transportation system. (h) Deposit into an employee’s account with a state or federal bank or savings and loan association located in this state, for services offered by that bank or savings and loan association. (i) The purchase of any investment or thrift certificate issued by an industrial loan company licensed by this state. (Amended by Stats. 2016, Ch. 31, Sec. 58. (SB 836) Effective June 27, 2016.)
  86. 1151.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    State employees may authorize salary or wage deductions for certain support payments, and public agencies may create payroll deduction programs for listed purposes.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1151.5. (a) In addition to deductions authorized pursuant to Section 1151, a state employee may authorize deductions to be made from salaries or wages for payment for the support, maintenance, or care of the employee’s child, children, family, or former spouse for whom the employee has a duty of support. A service charge may be assessed for this deduction. (b) A public agency may establish payroll deduction programs for any of the following purposes: (1) Payment for the support, maintenance, or care of an employee’s child, children, family, or former spouse for whom the employee has a duty of support. (2) Payment of an employee’s legal judgment. (3) Garnishment or deduction of an employee’s wages pursuant to a court order. (4) Payment of an employee’s loan or obligation to a commercial lending institution. (Amended by Stats. 2002, Ch. 1144, Sec. 1. Effective January 1, 2003.)
  87. 11511.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    A party may petition for deposition testimony of a material witness, and the petitioner must serve hearing notice and the petition on the other parties at least 10 days before the hearing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11511. On verified petition of any party, an administrative law judge or, if an administrative law judge has not been appointed, an agency may order that the testimony of any material witness residing within or without the state be taken by deposition in the manner prescribed by law for depositions in civil actions under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. The petition shall set forth the nature of the pending proceeding; the name and address of the witness whose testimony is desired; a showing of the materiality of the testimony; a showing that the witness will be unable or cannot be compelled to attend; and shall request an order requiring the witness to appear and testify before an officer named in the petition for that purpose. The petitioner shall serve notice of hearing and a copy of the petition on the other parties at least 10 days before the hearing. Where the witness resides outside the state and where the administrative law judge or agency has ordered the taking of the testimony by deposition, the agency shall obtain an order of court to that effect by filing a petition therefor in the superior court in Sacramento County. The proceedings thereon shall be in accordance with the provisions of Section 11189. (Amended by Stats. 2004, Ch. 182, Sec. 42. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  88. 11511.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    This section lets an administrative law judge hold a prehearing conference and requires notice, scheduling, and a prehearing order.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11511.5. (a) On motion of a party or by order of an administrative law judge, the administrative law judge may conduct a prehearing conference. The administrative law judge shall set the time and place for the prehearing conference, and shall give reasonable written notice to all parties. (b) The prehearing conference may deal with one or more of the following matters: (1) Exploration of settlement possibilities. (2) Preparation of stipulations. (3) Clarification of issues. (4) Rulings on identity and limitation of the number of witnesses. (5) Objections to proffers of evidence. (6) Order of presentation of evidence and cross-examination. (7) Rulings regarding issuance of subpoenas and protective orders. (8) Schedules for the submission of written briefs and schedules for the commencement and conduct of the hearing. (9) Exchange of witness lists and of exhibits or documents to be offered in evidence at the hearing. (10) Motions for intervention. (11) Exploration of the possibility of using alternative dispute resolution provided in Article 5 (commencing with Section 11420.10) of, or the informal hearing procedure provided in Article 10 (commencing with Section 11445.10) of, Chapter 4.5, and objections to use of the informal hearing procedure. Use of alternative dispute resolution or of the informal hearing procedure is subject to subdivision (d). (12) Any other matters as shall promote the orderly and prompt conduct of the hearing. (c) The administrative law judge may conduct all or part of the prehearing conference by telephone, television, or other electronic means if each participant in the conference has an opportunity to participate in and to hear the entire proceeding while it is taking place. (d) With the consent of the parties, the prehearing conference may be converted immediately into alternative dispute resolution or an informal hearing. With the consent of the parties, the proceeding may be converted into alternative dispute resolution to be conducted at another time. With the consent of the agency, the proceeding may be converted into an informal hearing to be conducted at another time subject to the right of a party to object to use of the informal hearing procedure as provided in Section 11445.30. (e) The administrative law judge shall issue a prehearing order incorporating the matters determined at the prehearing conference. The administrative law judge may direct one or more of the parties to prepare a prehearing order. (Amended by Stats. 1995, Ch. 938, Sec. 37. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  89. 11511.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    An administrative law judge may require the parties to attend a settlement conference, must set its time and place and give reasonable written notice, and may not later preside at the hearing unless the parties stipulate otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11511.7. (a) The administrative law judge may order the parties to attend and participate in a settlement conference. The administrative law judge shall set the time and place for the settlement conference, and shall give reasonable written notice to all parties. (b) The administrative law judge at the settlement conference shall not preside as administrative law judge at the hearing unless otherwise stipulated by the parties. The administrative law judge may conduct all or part of the settlement conference by telephone, television, or other electronic means if each participant in the conference has an opportunity to participate in and to hear the entire proceeding while it is taking place. (Added by Stats. 1995, Ch. 938, Sec. 38. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  90. 11512.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    This section sets who presides over contested-case hearings, how disqualification requests work, and how the hearing record must be made.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11512. (a) Every hearing in a contested case shall be presided over by an administrative law judge. The agency itself shall determine whether the administrative law judge is to hear the case alone or whether the agency itself is to hear the case with the administrative law judge. (b) When the agency itself hears the case, the administrative law judge shall preside at the hearing, rule on the admission and exclusion of evidence, and advise the agency on matters of law; the agency itself shall exercise all other powers relating to the conduct of the hearing but may delegate any or all of them to the administrative law judge. When the administrative law judge alone hears a case, the judge shall exercise all powers relating to the conduct of the hearing. A ruling of the administrative law judge admitting or excluding evidence is subject to review in the same manner and to the same extent as the administrative law judge’s proposed decision in the proceeding. (c) An administrative law judge or agency member shall voluntarily disqualify themselves and withdraw from any case in which there are grounds for disqualification, including disqualification under Section 11425.40. The parties may waive the disqualification by a writing that recites the grounds for disqualification. A waiver is effective only when signed by all parties, accepted by the administrative law judge or agency member, and included in the record. Any party may request the disqualification of any administrative law judge or agency member by filing an affidavit, prior to the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that the administrative law judge or agency member is disqualified. Where the request concerns an agency member, the issue shall be determined by the other members of the agency. Where the request concerns the administrative law judge, the issue shall be determined by the agency itself if the agency itself hears the case with the administrative law judge, otherwise the issue shall be determined by the administrative law judge. No agency member shall withdraw voluntarily or be subject to disqualification if their disqualification would prevent the existence of a quorum qualified to act in the particular case, except that a substitute qualified to act may be appointed by the appointing authority. (d) The proceedings at the hearing shall be reported by a stenographic reporter. However, upon the consent of all the parties, or if a stenographic reporter is unavailable and upon finding of good cause by the administrative law judge, the proceedings may be recorded electronically. (e) Whenever, after the agency itself has commenced to hear the case with an administrative law judge presiding, a quorum no longer exists, the administrative law judge who is presiding shall complete the hearing as if sitting alone and shall render a proposed decision in accordance with subdivision (b) of Section 11517. (Amended by Stats. 2022, Ch. 48, Sec. 23. (SB 189) Effective June 30, 2022.)
  91. 11513.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    In a formal hearing, each party may question witnesses, submit exhibits, impeach witnesses, and rebut evidence; the presiding officer may exclude evidence when its time cost outweighs its value.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11513. (a) Oral evidence shall be taken only on oath or affirmation. (b) Each party shall have these rights: to call and examine witnesses, to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him or her. If respondent does not testify in his or her own behalf he or she may be called and examined as if under cross-examination. (c) The hearing need not be conducted according to technical rules relating to evidence and witnesses, except as hereinafter provided. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. (d) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. An objection is timely if made before submission of the case or on reconsideration. (e) The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing. (f) The presiding officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time. (Amended by Stats. 1995, Ch. 938, Sec. 40. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  92. 11514.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    A party may serve an affidavit on the opposing party before a hearing, but the opposing party must request cross-examination within 7 days or the right is waived.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11514. (a) At any time 10 or more days prior to a hearing or a continued hearing, any party may mail or deliver to the opposing party a copy of any affidavit which he proposes to introduce in evidence, together with a notice as provided in subdivision (b). Unless the opposing party, within seven days after such mailing or delivery, mails or delivers to the proponent a request to cross-examine an affiant, his right to cross-examine such affiant is waived and the affidavit, if introduced in evidence, shall be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made as herein provided, the affidavit may be introduced in evidence, but shall be given only the same effect as other hearsay evidence. (b) The notice referred to in subdivision (a) shall be substantially in the following form: The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing in (here insert title of proceeding). (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question him unless you notify (here insert name of proponent or his attorney) at (here insert address) that you wish to cross-examine him. To be effective your request must be mailed or delivered to (here insert name of proponent or his attorney) on or before (here insert a date seven days after the date of mailing or delivering the affidavit to the opposing party). (Repealed and added by Stats. 1947, Ch. 491.)
  93. 11515.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    In a hearing decision, the agency may take official notice of certain technical, scientific, or judicially noticeable matters, but parties must be told and may ask to refute them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11515. In reaching a decision official notice may be taken, either before or after submission of the case for decision, of any generally accepted technical or scientific matter within the agency’s special field, and of any fact which may be judicially noticed by the courts of this State. Parties present at the hearing shall be informed of the matters to be noticed, and those matters shall be noted in the record, referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, the matter of such refutation to be determined by the agency. (Added by Stats. 1945, Ch. 867.)
  94. 11516.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    The agency may amend the accusation or District Statement of Reduction in Force after the case is submitted for decision, but each party must get notice and a chance to show prejudice. If prejudice is shown, the agency must reopen the case to allow more evidence.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11516. The agency may order amendment of the accusation or District Statement of Reduction in Force after submission of the case for decision. Each party shall be given notice of the intended amendment and opportunity to show that he or she will be prejudiced thereby unless the case is reopened to permit the introduction of additional evidence on his or her behalf. If such prejudice is shown, the agency shall reopen the case to permit the introduction of additional evidence. (Amended by Stats. 2013, Ch. 90, Sec. 9. (SB 546) Effective January 1, 2014.)
  95. 11517.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    This section sets procedures and deadlines for deciding contested cases, including when the agency itself or an administrative law judge hears the case first.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11517. (a) A contested case may be originally heard by the agency itself and subdivision (b) shall apply. Alternatively, at the discretion of the agency, an administrative law judge may originally hear the case alone and subdivision (c) shall apply. (b) If a contested case is originally heard before an agency itself, all of the following provisions apply: (1) An administrative law judge shall be present during the consideration of the case and, if requested, shall assist and advise the agency in the conduct of the hearing. (2) No member of the agency who did not hear the evidence shall vote on the decision. (3) The agency shall issue its decision within 100 days of submission of the case. (c) (1) If a contested case is originally heard by an administrative law judge alone, he or she shall prepare within 30 days after the case is submitted to him or her a proposed decision in a form that may be adopted by the agency as the final decision in the case. Failure of the administrative law judge to deliver a proposed decision within the time required does not prejudice the rights of the agency in the case. Thirty days after the receipt by the agency of the proposed decision, a copy of the proposed decision shall be filed by the agency as a public record and a copy shall be served by the agency on each party and his or her attorney. The filing and service is not an adoption of a proposed decision by the agency. (2) Within 100 days of receipt by the agency of the administrative law judge’s proposed decision, the agency may act as prescribed in subparagraphs (A) to (E), inclusive. If the agency fails to act as prescribed in subparagraphs (A) to (E), inclusive, within 100 days of receipt of the proposed decision, the proposed decision shall be deemed adopted by the agency. The agency may do any of the following: (A) Adopt the proposed decision in its entirety. (B) Reduce or otherwise mitigate the proposed penalty and adopt the balance of the proposed decision. (C) Make technical or other minor changes in the proposed decision and adopt it as the decision. Action by the agency under this paragraph is limited to a clarifying change or a change of a similar nature that does not affect the factual or legal basis of the proposed decision. (D) Reject the proposed decision and refer the case to the same administrative law judge if reasonably available, otherwise to another administrative law judge, to take additional evidence. If the case is referred to an administrative law judge pursuant to this subparagraph, he or she shall prepare a revised proposed decision, as provided in paragraph (1), based upon the additional evidence and the transcript and other papers that are part of the record of the prior hearing. A copy of the revised proposed decision shall be furnished to each party and his or her attorney as prescribed in this subdivision. (E) Reject the proposed decision, and decide the case upon the record, including the transcript, or upon an agreed statement of the parties, with or without taking additional evidence. By stipulation of the parties, the agency may decide the case upon the record without including the transcript. If the agency acts pursuant to this subparagraph, all of the following provisions apply: (i) A copy of the record shall be made available to the parties. The agency may require payment of fees covering direct costs of making the copy. (ii) The agency itself shall not decide any case provided for in this subdivision without affording the parties the opportunity to present either oral or written argument before the agency itself. If additional oral evidence is introduced before the agency itself, no agency member may vote unless the member heard the additional oral evidence. (iii) The authority of the agency itself to decide the case under this subdivision includes authority to decide some but not all issues in the case. (iv) If the agency elects to proceed under this subparagraph, the agency shall issue its final decision not later than 100 days after rejection of the proposed decision. If the agency elects to proceed under this subparagraph, and has ordered a transcript of the proceedings before the administrative law judge, the agency shall issue its final decision not later than 100 days after receipt of the transcript. If the agency finds that a further delay is required by special circumstance, it shall issue an order delaying the decision for no more than 30 days and specifying the reasons therefor. The order shall be subject to judicial review pursuant to Section 11523. (d) The decision of the agency shall be filed immediately by the agency as a public record and a copy shall be served by the agency on each party and his or her attorney. (Repealed and added by Stats. 1999, Ch. 339, Sec. 2. Effective January 1, 2000.)
  96. 11518.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    Copies of the decision must be delivered to the parties personally or sent by registered mail.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11518. Copies of the decision shall be delivered to the parties personally or sent to them by registered mail. (Amended by Stats. 1995, Ch. 938, Sec. 43. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  97. 11518.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

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    A party may ask the agency to correct a mistake or clerical error in a decision within 15 days after service, and the agency must notify other parties and serve the correction if it is made.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11518.5. (a) Within 15 days after service of a copy of the decision on a party, but not later than the effective date of the decision, the party may apply to the agency for correction of a mistake or clerical error in the decision, stating the specific ground on which the application is made. Notice of the application shall be given to the other parties to the proceeding. The application is not a prerequisite for seeking judicial review. (b) The agency may refer the application to the administrative law judge who formulated the proposed decision or may delegate its authority under this section to one or more persons. (c) The agency may deny the application, grant the application and modify the decision, or grant the application and set the matter for further proceedings. The application is considered denied if the agency does not dispose of it within 15 days after it is made or a longer time that the agency provides by regulation. (d) Nothing in this section precludes the agency, on its own motion or on motion of the administrative law judge, from modifying the decision to correct a mistake or clerical error. A modification under this subdivision shall be made within 15 days after issuance of the decision. (e) The agency shall, within 15 days after correction of a mistake or clerical error in the decision, serve a copy of the correction on each party on which a copy of the decision was previously served. (Added by Stats. 1995, Ch. 938, Sec. 44. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  98. 11519.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

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    This section sets when an agency decision becomes effective, when a stay of execution may be granted, and when notice or compliance requirements apply.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11519. (a) The decision shall become effective 30 days after it is delivered or mailed to respondent unless: a reconsideration is ordered within that time, or the agency itself orders that the decision shall become effective sooner, or a stay of execution is granted. (b) A stay of execution may be included in the decision or if not included therein may be granted by the agency at any time before the decision becomes effective. The stay of execution provided herein may be accompanied by an express condition that respondent comply with specified terms of probation; provided, however, that the terms of probation shall be just and reasonable in the light of the findings and decision. (c) If respondent was required to register with any public officer, a notification of any suspension or revocation shall be sent to the officer after the decision has become effective. (d) As used in subdivision (b), specified terms of probation may include an order of restitution. Where restitution is ordered and paid pursuant to the provisions of this subdivision, the amount paid shall be credited to any subsequent judgment in a civil action. (e) The person to which the agency action is directed may not be required to comply with a decision unless the person has been served with the decision in the manner provided in Section 11505 or has actual knowledge of the decision. (f) A nonparty may not be required to comply with a decision unless the agency has made the decision available for public inspection and copying or the nonparty has actual knowledge of the decision. (g) This section does not preclude an agency from taking immediate action to protect the public interest in accordance with Article 13 (commencing with Section 11460.10) of Chapter 4.5. (Amended by Stats. 1995, Ch. 938, Sec. 45. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  99. 11519.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

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    A DMV license denial may follow if restitution ordered in a case is not paid as required.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11519.1. (a) A decision rendered against a licensee under Article 1 (commencing with Section 11700) of Chapter 4 of Division 5 of the Vehicle Code may include an order of restitution for any financial loss or damage found to have been suffered by a person in the case. (b) The failure to make the restitution in accordance with the terms of the decision is separate grounds for the Department of Motor Vehicles to refuse to issue a license under Article 1 (commencing with Section 11700) of Chapter 4 of Division 5 of the Vehicle Code, and constitutes a violation of the terms of any applicable probationary order in the decision. (c) Nothing in this section is intended to limit or restrict actions, remedies, or procedures otherwise available to an aggrieved party pursuant to any other provision of law. (Added by Stats. 2007, Ch. 93, Sec. 1. Effective January 1, 2008.)
  100. 1152.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

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    Employee organizations and bona fide associations may ask for salary or wage deductions from their members, and public employers must honor those requests.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1152. Deductions may be requested by employee organizations and bona fide associations from the salaries and wages of their members, and public employers shall honor these requests, as follows: (a) Employee organizations may request membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the organization. (b) Bona fide associations may request membership dues and initiation fees. The Controller shall not be required to make any benefit deductions for an employee member whose membership dues are not deducted. (Amended by Stats. 2018, Ch. 53, Sec. 6. (SB 866) Effective June 27, 2018.)
  101. 11520.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

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    If a respondent defaults at a hearing, the agency may proceed on admissions or other evidence; the respondent may ask in writing within 7 days to vacate the decision; and the agency or administrative law judge may later grant a hearing or, in some cases, order payment of reasonable expenses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11520. (a) If the respondent either fails to file a notice of defense, or, as applicable, notice of participation, or to appear at the hearing, the agency may take action based upon the respondent’s express admissions or upon other evidence and affidavits may be used as evidence without any notice to respondent; and where the burden of proof is on the respondent to establish that the respondent is entitled to the agency action sought, the agency may act without taking evidence. (b) Notwithstanding the default of the respondent, the agency or the administrative law judge, before a proposed decision is issued, has discretion to grant a hearing on reasonable notice to the parties. If the agency and administrative law judge make conflicting orders under this subdivision, the agency’s order takes precedence. The administrative law judge may order the respondent, or the respondent’s attorney or other authorized representative, or both, to pay reasonable expenses, including attorney’s fees, incurred by another party as a result of the respondent’s failure to appear at the hearing. (c) Within seven days after service on the respondent of a decision based on the respondent’s default, the respondent may serve a written motion requesting that the decision be vacated and stating the grounds relied on. The agency in its discretion may vacate the decision and grant a hearing on a showing of good cause. As used in this subdivision, good cause includes, but is not limited to, any of the following: (1) Failure of the person to receive notice served pursuant to Section 11505. (2) Mistake, inadvertence, surprise, or excusable neglect. (Amended by Stats. 2013, Ch. 90, Sec. 10. (SB 546) Effective January 1, 2014.)
  102. 11521.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

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    The agency may reconsider a case, must tell petitioners the reconsideration deadline, and no agency member may vote on oral evidence unless they heard it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11521. (a) The agency itself may order a reconsideration of all or part of the case on its own motion or on petition of any party. The agency shall notify a petitioner of the time limits for petitioning for reconsideration. The power to order a reconsideration shall expire 30 days after the delivery or mailing of a decision to a respondent, or on the date set by the agency itself as the effective date of the decision if that date occurs prior to the expiration of the 30-day period or at the termination of a stay of not to exceed 30 days which the agency may grant for the purpose of filing an application for reconsideration. If additional time is needed to evaluate a petition for reconsideration filed prior to the expiration of any of the applicable periods, an agency may grant a stay of that expiration for no more than 10 days, solely for the purpose of considering the petition. If no action is taken on a petition within the time allowed for ordering reconsideration, the petition shall be deemed denied. (b) The case may be reconsidered by the agency itself on all the pertinent parts of the record and such additional evidence and argument as may be permitted, or may be assigned to an administrative law judge. A reconsideration assigned to an administrative law judge shall be subject to the procedure provided in Section 11517. If oral evidence is introduced before the agency itself, no agency member may vote unless he or she heard the evidence. (Amended by Stats. 2004, Ch. 865, Sec. 34. Effective January 1, 2005.)
  103. 11522.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

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    A person with a revoked or suspended license may ask the agency to reinstate the license or reduce the penalty after at least one year, and the agency must notify the Attorney General and decide the petition.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11522. A person whose license has been revoked or suspended may petition the agency for reinstatement or reduction of penalty after a period of not less than one year has elapsed from the effective date of the decision or from the date of the denial of a similar petition. The agency shall give notice to the Attorney General of the filing of the petition and the Attorney General and the petitioner shall be afforded an opportunity to present either oral or written argument before the agency itself. The agency itself shall decide the petition, and the decision shall include the reasons therefor, and any terms and conditions that the agency reasonably deems appropriate to impose as a condition of reinstatement. This section shall not apply if the statutes dealing with the particular agency contain different provisions for reinstatement or reduction of penalty. (Amended by Stats. 1985, Ch. 587, Sec. 4.)
  104. 11523.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

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    This section lets a petitioner seek judicial review by petition for a writ of mandate, sets filing deadlines, and requires the agency or Office of Administrative Hearings to prepare and deliver the record on request.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11523. Judicial review may be had by filing a petition for a writ of mandate in accordance with the provisions of the Code of Civil Procedure, subject, however, to the statutes relating to the particular agency. Except as otherwise provided in this section, the petition shall be filed within 30 days after the last day on which reconsideration can be ordered. The right to petition shall not be affected by the failure to seek reconsideration before the agency. On request of the petitioner for a record of the proceedings, the complete record of the proceedings, or the parts thereof as are designated by the petitioner in the request, shall be prepared by the Office of Administrative Hearings or the agency and shall be delivered to the petitioner, within 30 days after the request, which time shall be extended for good cause shown, upon the payment of the cost for the preparation of the transcript, the cost for preparation of other portions of the record and for certification thereof. The complete record includes the pleadings, all notices and orders issued by the agency, any proposed decision by an administrative law judge, the final decision, a transcript of all proceedings, the exhibits admitted or rejected, the written evidence and any other papers in the case. If the petitioner, within 10 days after the last day on which reconsideration can be ordered, requests the agency to prepare all or any part of the record, the time within which a petition may be filed shall be extended until 30 days after its delivery to him or her. The agency may file with the court the original of any document in the record in lieu of a copy thereof. If the petitioner prevails in overturning the administrative decision following judicial review, the agency shall reimburse the petitioner for all costs of transcript preparation, compilation of the record, and certification. (Amended by Stats. 2005, Ch. 674, Sec. 23. Effective January 1, 2006. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  105. 11524.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

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    This section allows continuances, but limits who may grant them in some hearings and sets short deadlines for requesting continuance-related judicial relief.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11524. (a) The agency may grant continuances. When an administrative law judge of the Office of Administrative Hearings has been assigned to the hearing, no continuance may be granted except by him or her or by the presiding judge of the appropriate regional office of the Office of Administrative Hearings, for good cause shown. (b) When seeking a continuance, a party shall apply for the continuance within 10 working days following the time the party discovered or reasonably should have discovered the event or occurrence which establishes the good cause for the continuance. A continuance may be granted for good cause after the 10 working days have lapsed if the party seeking the continuance is not responsible for and has made a good faith effort to prevent the condition or event establishing the good cause. (c) In the event that an application for a continuance by a party is denied by an administrative law judge of the Office of Administrative Hearings, and the party seeks judicial review thereof, the party shall, within 10 working days of the denial, make application for appropriate judicial relief in the superior court or be barred from judicial review thereof as a matter of jurisdiction. A party applying for judicial relief from the denial shall give notice to the agency and other parties. Notwithstanding Section 1010 of the Code of Civil Procedure, the notice may be either oral at the time of the denial of application for a continuance or written at the same time application is made in court for judicial relief. This subdivision does not apply to the Department of Alcoholic Beverage Control. (Amended by Stats. 1995, Ch. 938, Sec. 48. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  106. 11526.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    Qualified members of an agency may vote by mail or another appropriate method.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11526. The members of an agency qualified to vote on any question may vote by mail or another appropriate method. (Amended by Stats. 1995, Ch. 938, Sec. 50. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  107. 11527.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

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    Any agency’s authorized expenditures under this chapter are a legal charge against that agency’s funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11527. Any sums authorized to be expended under this chapter by any agency shall be a legal charge against the funds of the agency. (Added by Stats. 1945, Ch. 867.)
  108. 11528.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

    Verify source ↗

    In proceedings under this chapter, certain agency personnel may administer oaths and affirmations and certify official acts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11528. In any proceedings under this chapter any agency, agency member, secretary of an agency, hearing reporter, or administrative law judge has power to administer oaths and affirmations and to certify to official acts. (Amended by Stats. 1985, Ch. 324, Sec. 25.)
  109. 11529.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. )

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    This section lets an administrative law judge issue an interim license order in medical discipline cases, but only under stated evidence and public-safety conditions, and it sets notice, hearing, review, and dissolution rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5. Administrative Adjudication: Formal Hearing [11500 - 11529] ( Heading of Chapter 5 amended by Stats. 1995, Ch. 938, Sec. 22. ) ## 11529. (a) The administrative law judge of the Medical Quality Hearing Panel established pursuant to Section 11371 may issue an interim order suspending a license, imposing drug testing, continuing education, supervision of procedures, limitations on the authority to prescribe, furnish, administer, or dispense controlled substances, or other license restrictions. Interim orders may be issued only if the affidavits in support of the petition show that the licensee has engaged in, or is about to engage in, acts or omissions constituting a violation of the Medical Practice Act or the appropriate practice act governing each allied health profession, or is unable to practice safely due to a mental or physical condition, and that permitting the licensee to continue to engage in the profession for which the license was issued will endanger the public health, safety, or welfare. The failure to comply with an order issued pursuant to Section 820 of the Business and Professions Code may constitute grounds to issue an interim suspension order under this section. (b) All orders authorized by this section shall be issued only after a hearing conducted pursuant to subdivision (d), unless it appears from the facts shown by affidavit that serious injury would result to the public before the matter can be heard on notice. Except as provided in subdivision (c), the licensee shall receive at least 15 days’ prior notice of the hearing, which notice shall include affidavits and all other information in support of the order. (c) If an interim order is issued without notice, the administrative law judge who issued the order without notice shall cause the licensee to be notified of the order, including affidavits and all other information in support of the order by a 24-hour delivery service. That notice shall also include the date of the hearing on the order, which shall be conducted in accordance with the requirement of subdivision (d), not later than 20 days from the date of issuance. The order shall be dissolved unless the requirements of subdivision (a) are satisfied. (d) For the purposes of the hearing conducted pursuant to this section, the licentiate shall, at a minimum, have the following rights: (1) To be represented by counsel. (2) To have a record made of the proceedings, copies of which may be obtained by the licentiate upon payment of any reasonable charges associated with the record. (3) To present written evidence in the form of relevant declarations, affidavits, and documents. The discretion of the administrative law judge to permit testimony at the hearing conducted pursuant to this section shall be identical to the discretion of a superior court judge to permit testimony at a hearing conducted pursuant to Section 527 of the Code of Civil Procedure. (4) To present oral argument. (e) Consistent with the burden and standards of proof applicable to a preliminary injunction entered under Section 527 of the Code of Civil Procedure, the administrative law judge shall grant the interim order if, in the exercise of discretion, the administrative law judge concludes that: (1) There is a reasonable probability that the petitioner will prevail in the underlying action. (2) The likelihood of injury to the public in not issuing the order outweighs the likelihood of injury to the licensee in issuing the order. (f) In all cases in which an interim order is issued, and an accusation or petition to revoke probation is not filed and served pursuant to Sections 11503 and 11505 within 30 days of the date on which the parties to the hearing on the interim order have submitted the matter, the order shall be dissolved. Upon service of the accusation or petition to revoke probation the licensee shall have, in addition to the rights granted by this section, all of the rights and privileges available as specified in this chapter. If the licensee requests a hearing on the accusation, the board shall provide the licensee with a hearing within 30 days of the request, unless the licensee stipulates to a later hearing, and a decision within 15 days of the date the decision is received from the administrative law judge, or the board shall nullify the interim order previously issued, unless good cause can be shown by the Division of Medical Quality for a delay. (g) If an interim order is issued, a written decision shall be prepared within 15 days of the hearing, by the administrative law judge, including findings of fact and a conclusion articulating the connection between the evidence produced at the hearing and the decision reached. (h) Notwithstanding the fact that interim orders issued pursuant to this section are not issued after a hearing as otherwise required by this chapter, interim orders so issued shall be subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. The relief that may be ordered shall be limited to a stay of the interim order. Interim orders issued pursuant to this section are final interim orders and, if not dissolved pursuant to subdivision (c) or (f), may only be challenged administratively at the hearing on the accusation. (i) The interim order provided for by this section shall be: (1) In addition to, and not a limitation on, the authority to seek injunctive relief provided for in the Business and Professions Code. (2) A limitation on the emergency decision procedure provided in Article 13 (commencing with Section 11460.10) of Chapter 4.5. (Amended by Stats. 2017, Ch. 775, Sec. 110. (SB 798) Effective January 1, 2018.)
  110. 1153.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The Controller must administer payroll deductions and salary reductions, follow several rules for requests, authorizations, notices, timing, and cost collection, and may adopt procedures by rule or regulation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1153. The Controller shall provide for the administration of payroll deductions as set forth in Sections 1151, 1151.5, and 1152, salary reductions pursuant to Section 12420.2, and may establish, by rule or regulation, procedures for that purpose. In administering these programs the Controller shall: (a) Make, cancel, or change a deduction or reduction at the request of the person or organization authorized to receive the deduction or reduction. All requests shall be made on forms approved by the Controller. (b) Obtain a certification from any state agency, employee organization, or business entity requesting a deduction or reduction that they have and will maintain an authorization, signed by the individual from whose salary or wages the deduction or reduction is to be made. An employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to provide a copy of an individual authorization to the Controller unless a dispute arises about the existence or terms of the authorization. (c) Provide for an agreement from individuals, organizations, and business entities receiving services to relieve the state, its officers and employees, of any liability that may result from making, canceling, or changing requested deductions or reductions. However, no financial institution receiving a payroll service pursuant to this section shall be required to reimburse the state for any error in the payroll service received by that financial institution after 90 days from the month in which the payroll service was deducted from an individual’s paycheck. (d) Determine the cost of performing the requested service and collect that cost from the organization, entity, or individual requesting or authorizing the service. Services requested which are incidental, but not necessary, to making the deduction may be performed at the Controller’s discretion with any additional cost to be paid by the requester. At least 30 days prior to implementation of any adjustment of employee costs pursuant to Section 12420.2, the Controller shall notify in writing any affected employee organization. (e) Prior to making a deduction for an employee organization or a bona fide association, determine that the organization or association has been recognized, certified, or registered by the appropriate authority. (f) Decline to make a deduction for any individual, organization, or entity if the Controller determines that it is not administratively feasible or practical to make the deduction or if the Controller determines that the individual, organization, or entity requesting or receiving the deduction has failed to comply with any statute, rule, regulation, or procedure for the administration of deductions. (g) After receiving notification from an employee organization that it possesses a written authorization for deduction, commence the first deduction in the next pay period after the Controller receives the notification. The employee organization shall indemnify the Controller for any claims made by the employee for deductions made in reliance on that notification. (h) Make, cancel, or change a deduction or reduction not later than the month subsequent to the month in which the request is received, except that a deduction for an employee organization may be revoked only pursuant to the terms of the employee’s written authorization. Employee requests to cancel or change deductions for employee organizations shall be directed to the employee organization, rather than to the Controller. The employee organization shall be responsible for processing these requests. The Controller shall rely on information provided by the employee organization regarding whether deductions for an employee organization were properly canceled or changed, and the employee organization shall indemnify the Controller for any claims made by the employee for deductions made in reliance on that information. Except as provided in subdivision (c), all cancellations or changes shall be effective when made by the Controller. (i) At the request of a state agency, transfer employee deduction authorization for a state-sponsored benefit program from one provider to another if the benefit and the employee contribution remain substantially the same. Notice of the transfer shall be given by the Controller to all affected employees. (Amended by Stats. 2018, Ch. 53, Sec. 7. (SB 866) Effective June 27, 2018.)
  111. 11531.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [11531 - 11532] ( Article 1 added by Stats. 2006, Ch. 533, Sec. 1. )

    Verify source ↗

    This chapter may be cited as the Technology Act of 2005.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [11531 - 11532] ( Article 1 added by Stats. 2006, Ch. 533, Sec. 1. ) ## 11531. This chapter shall be known and may be cited as the Technology Act of 2005. (Added by Stats. 2006, Ch. 533, Sec. 1. Effective January 1, 2007.)
  112. 11532.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [11531 - 11532] ( Article 1 added by Stats. 2006, Ch. 533, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter, including “Chief,” “Technology,” “Business telecommunications systems and services,” and “Public agencies.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [11531 - 11532] ( Article 1 added by Stats. 2006, Ch. 533, Sec. 1. ) ## 11532. For purposes of this chapter, the following terms shall have the following meanings, unless the context requires otherwise: (a) “Chief” means the Chief of the Office of Technology Services. (b) “Technology” includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, and business telecommunications systems and services. (c) “Business telecommunications systems and services” includes, but is not limited to, wireless or wired systems for transport of voice, video, and data communications, network systems, requisite facilities, equipment, system controls, simulation, electronic commerce, and all related interactions between people and machines. Public safety communications are excluded from this definition. (d) “Public agencies” include, but are not limited to, all state and local governmental agencies in the state, including cities, counties, other political subdivisions of the state, state departments, agencies, boards, and commissions, and departments, agencies, boards, and commissions of other states and federal agencies. (Amended by Stats. 2013, Ch. 353, Sec. 70. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  113. 11534.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. )

    Verify source ↗

    This section creates the Office of Technology Services and transfers related functions, employees, property, and funds to it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. ) ## 11534. (a) There is in the Government Operations Agency, in the Department of Technology, the Office of Technology Services. (b) The purpose of this article is to establish a general purpose technology services provider to serve the common technology needs of executive branch entities with accountability to customers for providing secure services that are responsive to client needs at a cost representing best value to the state. (c) The purpose of this chapter is to improve and coordinate the use of technology and to coordinate and cooperate with all public agencies in the state in order to eliminate duplications and to bring about economies that could not otherwise be obtained. (d) Unless the context clearly requires otherwise, whenever the term “Department of Technology Services” appears in any statute, regulation, or contract, it shall be deemed to refer to the Office of Technology Services, and whenever the term “Director of Technology Services” appears in statute, regulation, or contract, it shall be deemed to refer to the Chief of the Office of Technology Services. (e) Unless the context clearly requires otherwise, the Office of Technology Services and the Director of Technology succeed to and are vested with all the duties, powers, purposes, responsibilities, and jurisdiction vested in the former Department of Technology Services and the former Director of Technology Services, or Secretary of California Technology, respectively. (f) All employees serving in state civil service, other than temporary employees, who are engaged in the performance of functions transferred to the Office of Technology Services, are transferred to the Office of Technology Services. The status, positions, and rights of those persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), except as to positions the duties of which are vested in a position exempt from civil service. The personnel records of all transferred employees shall be transferred to the Office of Technology Services. (g) The property of any office, agency, or department related to functions transferred to the Office of Technology Services is transferred to the Office of Technology Services. If any doubt arises as to where that property is transferred, the Department of General Services shall determine where the property is transferred. (h) All unexpended balances of appropriations and other funds available for use in connection with any function or the administration of any law transferred to the Office of Technology Services shall be transferred to the Office of Technology Services for the use and for the purpose for which the appropriation was originally made or the funds were originally available. If there is any doubt as to where those balances and funds are transferred, the Department of Finance shall determine where the balances and funds are transferred. (Amended by Stats. 2013, Ch. 353, Sec. 71. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  114. 11538.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. )

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    The Governor appoints the Chief of the Office of Technology Services, with Senate confirmation, and the chief reports to the Director of Technology.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. ) ## 11538. The Chief of the Office of Technology Services shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. The chief shall report to the Director of Technology. (Amended by Stats. 2013, Ch. 353, Sec. 72. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  115. 11539.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. )

    Verify source ↗

    The chief must manage the Office of Technology Services and do the duties, powers, and responsibilities needed to carry out this chapter. The Office of Technology Services must employ needed professional, clerical, technical, and administrative personnel.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. ) ## 11539. The chief shall be responsible for managing the affairs of the Office of Technology Services and shall perform all duties, exercise all powers and jurisdiction, and assume and discharge all responsibilities necessary to carry out the purposes of this chapter. The Office of Technology Services shall employ professional, clerical, technical, and administrative personnel as necessary to carry out this chapter. (Amended by Stats. 2013, Ch. 353, Sec. 73. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  116. 11540.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. )

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    The Director of Technology must propose rates for Office of Technology Services services to the Director of Finance, and the Director of Finance must approve the proposal based on stated criteria.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. ) ## 11540. The Director of Technology shall propose to the Director of Finance rates for Office of Technology Services’ services based on a formal rate methodology. The Director of Finance shall approve the proposal based on the reasonableness of the rates, any significant impact on departmental budgets, and all other requirements of the rate reassessment required under Section 11540.5. The Director of Technology and the Director of Finance shall coordinate to develop policies and procedures to implement this section, including, but not limited to, the format and timeframe of the rate proposal and any changes recommended as part of the rate reassessment pursuant to subdivision (e) of Section 11540.5. (Amended by Stats. 2022, Ch. 48, Sec. 24. (SB 189) Effective June 30, 2022.)
  117. 11540.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. )

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    The department must reassess state data center rate methodology and policies, complete that reassessment by June 30, 2025, and report progress and metrics on a recurring schedule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. ) ## 11540.5. (a) The department, in consultation with the Department of Finance, shall reassess the formal rate methodology and relevant policies and procedures for state data center services. (b) Upon appropriation by the Legislature, moneys to support the administrative costs or revenue losses sustained by the department during the rate reassessment shall be allocated to the department from the General Fund. (c) The department shall conduct the rate reassessment commencing July 1, 2022, and shall complete the rate reassessment no later than June 30, 2025. (d) Upon completion of the rate reassessment, any remaining funds transferred from the General Fund for the purposes of administrative costs or revenue losses sustained by the department shall be transferred to the Technology Services Revolving Fund created by Section 11544 no later than June 30, 2025. (e) To complete the rate reassessment, the department, in consultation with the Department of Finance, shall do all of the following: (1) Develop a rate structure that would allow a state entity or other customer of a state data center to compare services offered by state data centers with comparable services offered by major private vendors, including, but not limited to, features, levels of service, rates, and service options for all offered services. (2) Determine and designate which state data center services are either cost inefficient or mandatory. (3) Evaluate the potential elimination of both cost-inefficient state data center services and nonmandatory state data center services. (4) (A) Recommend revision of policies, procedures, and strategies for the provision of state data center services, including, but not limited to, all of the following: (i) Creating centralized contracts for shared information technology services to replace state data center services, including, but not limited to, contracts pursuant to subdivision (b) of Section 11546.45. (ii) Requiring state entities to use specific state data center services needed to maintain a certain level of service for critical programs. (iii) Instating term agreements for state data center services to improve revenue and expenditure forecasting. (B) The recommendations shall consider how to revise the policies, procedures, and strategies, including, but not limited to, those in subparagraph (A), to provide state data center services in a cost-effective, efficient, and strategic manner. (f) Commencing April 1, 2023, and every twelve months thereafter until August 1, 2025, the department shall submit a written report to relevant budget subcommittees of both houses and to the Joint Legislative Budget Committee on progress toward the state data center rate reassessment requirements in subdivision (e); its consideration of changes to current policies, procedures, and strategies pursuant to paragraph (4) of subdivision (e); and on all of the following outcome metrics: (1) The total number of services offered by state data centers. (2) The total number of services identified for elimination from state data centers. (3) An explanation and timeline for the elimination of services identified in paragraph (2). (4) The amount and percentage change in rates, if any, for state data center services. (5) An explanation for the change in rates, if any, calculated pursuant to paragraph (4). (6) The estimated difference in rates by service between state data centers and major private vendors based on the total cost of ownership, which include, but are not limited to, migration costs, managed service support, comparable features, levels of service, and service options. (7) An explanation for the difference in service rates calculated pursuant to paragraph (6). (8) The forecasted change in state data center service subscriptions over the current fiscal year and next two fiscal years. (9) The forecasted change in state data center revenues and expenditures over the current fiscal year and next two fiscal years based on the change in subscriptions forecasted in paragraph (8). (g) For purposes of this section, the following definitions have the following meanings: (1) “Cost-inefficient services” means services for which state data center service rates are higher than major private vendor service rates once the state data center service rates are reduced to cover only direct costs. (2) “Department,” unless otherwise stated, refers to the Department of Technology. (3) “Major private vendors” shall be designated pursuant to specific criteria. (4) “Mandatory services” means state data center services that must be used by all state entities to achieve greater cost efficiency, improved security, or other comparable reasons identified by the department. (5) “State data center” means a Tier III or equivalent data center, as designated by the department. (Added by Stats. 2022, Ch. 48, Sec. 25. (SB 189) Effective June 30, 2022.)
  118. 11541.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. )

    Verify source ↗

    The Office of Technology Services may manage business telecommunications systems and services, and must develop statewide policy and guidelines for their use by state agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. ) ## 11541. (a) The Office of Technology Services may acquire, install, equip, maintain, and operate new or existing business telecommunications systems and services. Acquisitions for information technology goods and services shall be made pursuant to Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code. To accomplish that purpose, the Office of Technology Services may enter into contracts, obtain licenses, acquire personal property, install necessary equipment and facilities, and do other acts that will provide adequate and efficient business telecommunications systems and services. Any system established shall be made available to all public agencies in the state on terms that may be agreed upon by the agency and the Office of Technology Services. (b) With respect to business telecommunications systems and services, the Office of Technology Services may do all of the following: (1) Provide representation of public agencies before the Federal Communications Commission in matters affecting the state and other public agencies regarding business telecommunications systems and services issues. (2) Provide, upon request, advice to public agencies concerning existing or proposed business telecommunications systems and services between any and all public agencies. (3) Recommend to public agencies rules, regulations, procedures, and methods of operation that it deems necessary to effectuate the most efficient and economical use of business telecommunications systems and services within the state. (4) Carry out the policies of this chapter. (c) The Office of Technology Services has responsibilities with respect to business telecommunications systems, services, policy, and planning, which include, but are not limited to, all of the following: (1) Assessing the overall long-range business telecommunications needs and requirements of the state considering both routine and emergency operations for business telecommunications systems and services, performance, cost, state-of-the-art technology, multiuser availability, security, reliability, and other factors deemed to be important to state needs and requirements. (2) Developing strategic and tactical policies and plans for business telecommunications with consideration for the systems and requirements of public agencies. (3) Recommending industry standards, service level agreements, and solutions regarding business telecommunications systems and services to ensure multiuser availability and compatibility. (4) Providing advice and assistance in the selection of business telecommunications equipment to ensure all of the following: (A) Ensuring that the business telecommunications needs of state agencies are met. (B) Ensuring that procurement is compatible throughout state agencies and is consistent with the state’s strategic and tactical plans for telecommunications. (C) Ensuring that procurement is designed to leverage the buying power of the state and encourage economies of scale. (5) Providing management oversight of statewide business telecommunications systems and services developments. (6) Providing for coordination of, and comment on, plans and policies and operational requirements from departments that utilize business telecommunications systems and services as determined by the Office of Technology Services. (7) Monitoring and participating, on behalf of the state, in the proceedings of federal and state regulatory agencies and in congressional and state legislative deliberations that have an impact on state governmental business telecommunications activities. (d) The Office of Technology Services shall develop and describe statewide policy on the use of business telecommunications systems and services by state agencies. In the development of that policy, the Office of Technology Services shall ensure that access to state business information and services is improved, and that the policy is cost effective for the state and its residents. The Office of Technology Services shall develop guidelines that do all of the following: (1) Describe what types of state business information and services may be accessed using business telecommunications systems and services. (2) Characterize the conditions under which a state agency may utilize business telecommunications systems and services. (3) Characterize the conditions under which a state agency may charge for information and services. (4) Specify pricing policies. (5) Provide other guidance as may be appropriate at the discretion of the Office of Technology Services. (Amended by Stats. 2013, Ch. 353, Sec. 75. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  119. 11541.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. )

    Verify source ↗

    The Office of Technology Services must create a small-business link on the State of California Internet portal.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. ) ## 11541.5. (a) The Office of Technology Services shall create a link to state agency Internet Web sites at the State of California Internet portal specifically for the use of small businesses, designed to assist entrepreneurs and small business owners in accessing information regarding startup requirements and regulatory compliance applicable to the particular business. (b) For purposes of this section, “small business” has the same meaning as set forth in Section 14837. (Amended by Stats. 2010, Ch. 404, Sec. 12. (AB 2408) Effective January 1, 2011.)
  120. 11542.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. )

    Verify source ↗

    This section transfers two data centers’ functions, assets, agreements, and employees to the Office of Technology Services, and preserves related rights and contracts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. ) ## 11542. (a) The Stephen P. Teale Data Center and the California Health and Human Services Agency Data Center are consolidated within, and their functions are transferred to, the Office of Technology Services. (b) Except as expressly provided otherwise in this chapter, the Office of Technology Services is the successor to, and is vested with, all of the duties, powers, purposes, responsibilities, and jurisdiction of the Stephen P. Teale Data Center, and the California Health and Human Services Agency Data Center. Any reference in statutes, regulations, or contracts to those entities with respect to the transferred functions shall be construed to refer to the Office of Technology Services unless the context clearly requires otherwise. (c) A lease, license, or any other agreement to which either the Stephen P. Teale Data Center or the California Health and Human Services Agency Data Center is a party shall not be void or voidable by reason of this chapter, but shall continue in full force and effect, with the Office of Technology Services assuming all of the rights, obligations, and duties of the Stephen P. Teale Data Center or the California Health and Human Services Agency Data Center, respectively. (d) Notwithstanding subdivision (e) of Section 11793 and subdivision (e) of Section 11797, on and after the effective date of this chapter, the balance of any funds available for expenditure by the Stephen P. Teale Data Center and the California Health and Human Services Agency Data Center, with respect to business telecommunications systems and services functions in carrying out any functions transferred to the Office of Technology Services by this chapter, shall be transferred to the Technology Services Revolving Fund created by Section 11544, and shall be made available for the support and maintenance of the Office of Technology Services. (e) Any reference in statute regulation, or contract to the former Stephen P. Teale Data Center Fund or the California Health and Human Services Data Center Revolving Fund shall be construed to refer to the Technology Services Revolving Fund unless the context clearly requires otherwise. (f) All books, documents, records, and property of the Stephen P. Teale Data Center and the California Health and Human Services Agency Data Center, excluding the Systems Integration Division, shall be transferred to the Office of Technology Services. (g) (1) All officers and employees of the former Stephen P. Teale Data Center and the California Health and Human Services Agency Data Center, are transferred to the Office of Technology Services. (2) The status, position, and rights of any officer or employee of the Stephen P. Teale Data Center and the California Health and Human Services Agency Data Center, shall not be affected by the transfer and consolidation of the functions of that officer or employee to the Office of Technology Services. (Amended by Stats. 2013, Ch. 28, Sec. 10. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  121. 11543.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. )

    Verify source ↗

    The Department of Technology is exempt from APA rulemaking when the Legislature directs or authorizes it to maintain, develop, or prescribe certain processes, procedures, or policies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 2. Office of Technology Services [11534 - 11543] ( Heading of Article 2 amended by Stats. 2010, Ch. 404, Sec. 5. ) ## 11543. If the Legislature directs or authorizes the Department of Technology to maintain, develop, or prescribe processes, procedures, or policies in connection with the administration of its duties under this chapter, Chapter 5.6 (commencing with Section 11545), Part 6.5 (commencing with Section 15250), Section 6611 of the Public Contract Code, or Chapter 3 (commencing with Section 12100) or Chapter 3.5 (commencing with Section 12120) of Part 2 of Division 2 of the Public Contract Code, the action by the department shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1). This section shall apply to actions taken by the department with respect to the State Administrative Manual and the State Contracting Manual. (Added by Stats. 2013, Ch. 28, Sec. 11. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  122. 11544.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 3. Technology Services Revolving Fund [11544- 11544.] ( Heading of Article 3 amended by Stats. 2010, Ch. 404, Sec. 15. )

    Verify source ↗

    This section creates the Technology Services Revolving Fund and assigns the Director of Technology, the Department of Technology, and the Controller specific responsibilities for funding, transfers, billing, and notices.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.5. Technology [11531 - 11544] ( Chapter 5.5 added by Stats. 2006, Ch. 533, Sec. 1. ) ## ARTICLE 3. Technology Services Revolving Fund [11544- 11544.] ( Heading of Article 3 amended by Stats. 2010, Ch. 404, Sec. 15. ) ## 11544. (a) The Technology Services Revolving Fund, hereafter known as the fund, is hereby created within the State Treasury. The fund shall be administered by the Director of Technology to receive all revenues from the sale of technology or technology services provided for in this chapter, for other services rendered by the Department of Technology, and all other moneys properly credited to the Department of Technology from any other source, to pay, upon appropriation by the Legislature, all costs arising from this chapter and rendering of services to state and other public agencies, including, but not limited to, employment and compensation of necessary personnel and expenses, such as operating and other expenses of the Department of Technology, and costs associated with approved information technology projects, and to establish reserves. At the discretion of the Director of Technology, segregated, dedicated accounts within the fund may be established. The amendments made to this section by the act adding this sentence shall apply to all revenues earned on or after July 1, 2010. (b) The fund shall consist of all of the following: (1) Moneys appropriated and made available by the Legislature for the purposes of this chapter. (2) Any other moneys that may be made available to the Department of Technology from any other source, including the return from investments of moneys by the Treasurer. (c) The Department of Technology may collect payments from public agencies for providing services to client agencies. The Department of Technology may require monthly payments by client agencies for the services provided. Pursuant to Section 11255, the Controller shall transfer any amounts so authorized by the Department of Technology, consistent with the annual budget of each department, to the fund. The Department of Technology shall notify each affected state agency upon requesting the Controller to make the transfer. (d) At the end of any fiscal year, if the balance remaining in the fund at the end of that fiscal year exceeds 25 percent of the portion of the Department of Technology’s current fiscal year budget used for support of data center and other client services, the excess amount shall be used to reduce the billing rates for services rendered during the following fiscal year. (Amended by Stats. 2014, Ch. 28, Sec. 7. (SB 854) Effective June 20, 2014.)
  123. 11545.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. )

    Verify source ↗

    This section creates the Department of Technology and assigns the Director of Technology broad duties over state information technology.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. ) ## 11545. (a) (1) There is in state government the Department of Technology within the Government Operations Agency. The Director of Technology shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. The Director of Technology shall supervise the Department of Technology and report directly to the Governor on issues relating to information technology. (2) Unless the context clearly requires otherwise, whenever the term “office of the State Chief Information Officer” or “California Technology Agency” appears in any statute, regulation, or contract, or any other code, it shall be construed to refer to the Department of Technology, and whenever the term “State Chief Information Officer” or “Secretary of California Technology” appears in any statute, regulation, or contract, or any other code, it shall be construed to refer to the Director of Technology. (3) The Director of Technology shall be the State Chief Information Officer. (b) The duties of the Director of Technology shall include, but are not limited to, all of the following: (1) Advising the Governor on the strategic management and direction of the state’s information technology resources. (2) Establishing and enforcing state information technology strategic plans, policies, standards, and enterprise architecture. This shall include the periodic review and maintenance of the information technology sections of the State Administrative Manual and procurement procedures related to information technology projects, except for sections on information technology fiscal policy. The Director of Technology shall consult with the Director of General Services, the Director of Finance, and other relevant agencies concerning policies and standards these agencies are responsible to issue that relate to information technology. (3) Minimizing overlap, redundancy, and cost in state information technology operations by promoting the efficient and effective use of information technology. (4) Providing technology direction to agency and department chief information officers to ensure the integration of statewide technology initiatives, compliance with information technology policies and standards, and the promotion of the alignment and effective management of information technology services. This paragraph does not limit the authority of a constitutional officer, cabinet agency secretary, or department director to establish programmatic priorities and business direction to the respective agency or department chief information officer. (5) Working to improve organizational maturity and capacity in the effective management of information technology. (6) Establishing performance management and improvement processes to ensure state information technology systems and services are efficient and effective. (7) Approving, suspending, terminating, and reinstating information technology projects. (8) Performing enterprise information technology functions and services, including, but not limited to, implementing Geographic Information Systems (GIS), shared services, applications, and program and project management activities in partnership with the owning agency or department. (c) (1) The department may provide GIS data to a regional notification center, as defined in subdivision (q) of Section 4216, as provided to a state agency in accordance with this chapter, for the purposes of a regional notification center carrying out its duties pursuant to Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1. (2) The department shall collect payment from a regional notification center to cover its reasonable costs for providing GIS data pursuant to this subdivision. Funds collected pursuant to this subdivision shall be deposited into the Technology Services Revolving Fund created pursuant to Section 11544. (3) A state agency shall not be liable to a regional notification center or other third party for providing GIS data pursuant to this subdivision. (d) The Director of Technology shall produce an annual information technology strategic plan that shall guide the acquisition, management, and use of information technology. State agencies shall cooperate with the department in the development of this plan, as required by the Director of Technology. (1) Upon establishment of the information technology strategic plan, the Director of Technology shall take all appropriate and necessary steps to implement the plan, subject to any modifications and adjustments deemed necessary and reasonable. (2) The information technology strategic plan shall be submitted to the Joint Legislative Budget Committee by January 15 of every year. (e) The Director of Technology shall produce an annual information technology performance report that shall assess and measure the state’s progress toward enhancing its information technology program for human capital management; reducing and avoiding costs and risks associated with the acquisition, development, implementation, management, and operation of information technology assets, infrastructure, and systems; improving energy efficiency in the use of information technology assets; enhancing the security, reliability, and quality of information technology networks, services, and systems; and improving the information technology procurement process. This report shall also include cost savings and avoidances achieved through improvements to the way the state acquires, develops, implements, manages, and operates state technology assets, infrastructure, and systems. The department shall establish those policies and procedures required to improve the performance of the state’s information technology program. (1) The department shall maintain an information technology performance management framework that includes the performance measures and targets that the department will utilize to assess the performance of, and measure the costs and risks avoided by, the state’s information technology program. (2) State agencies shall take all necessary steps to achieve the targets set forth by the department and shall report their progress to the department on a quarterly basis. (3) Notwithstanding Section 10231.5, the information technology performance report shall be submitted to the Joint Legislative Budget Committee, including any changes, by January 15 of every year. To enhance transparency, the department shall post performance targets and progress toward these targets on its public internet website. (f) If the Governor’s Reorganization Plan No. 2 of 2012 becomes effective, this section shall prevail over Section 186 of the Governor’s Reorganization Plan No. 2 of 2012, regardless of the dates on which this section and that plan take effect, and this section shall become operative on July 1, 2013. (Amended by Stats. 2019, Ch. 494, Sec. 1. (AB 754) Effective January 1, 2020.)
  124. 11546.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. )

    Verify source ↗

    The Department of Technology oversees information technology projects and may control, suspend, delegate, or require corrective action, while state departments generally cannot buy IT oversight services without its approval.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. ) ## 11546. (a) The Department of Technology shall be responsible for the approval and oversight of information technology projects, which shall include, but are not limited to, all of the following: (1) Establishing and maintaining a framework of policies, procedures, and requirements for the initiation, approval, implementation, management, oversight, and continuation of information technology projects. Unless otherwise required by law, a state department shall not procure oversight services of information technology projects without the approval of the Department of Technology. (2) Evaluating information technology projects based on the business case justification, resources requirements, proposed technical solution, project management, oversight and risk mitigation approach, and compliance with statewide strategies, policies, and procedures. Projects shall continue to be funded through the established Budget Act process. (3) Consulting with agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs, clearly identify programmatic benefits, and consider feasible alternatives to address the identified needs and benefits consistent with statewide strategies, policies, and procedures. (4) Consulting with agencies prior to project initiation to review the project governance and management framework to ensure that it is best designed for success and will serve as a resource for agencies throughout the project implementation. (5) Requiring agencies to provide information on information technology projects including, but not limited to, all of the following: (A) The degree to which the project is within approved scope, cost, and schedule. (B) Project issues, risks, and corresponding mitigation efforts. (C) The current estimated schedule and costs for project completion. (6) Requiring agencies to perform remedial measures to achieve compliance with approved project objectives. These remedial measures may include, but are not limited to, any of the following: (A) Independent assessments of project activities, the cost of which shall be funded by the agency administering the project. (B) Establishing remediation plans. (C) Securing appropriate expertise, the cost of which shall be funded by the agency administering the project. (D) Requiring additional project reporting. (E) Requiring approval to initiate any action identified in the approved project schedule. (7) Suspending, reinstating, or terminating information technology projects. The Department of Technology shall notify the Joint Legislative Budget Committee of any project suspension, reinstatement, and termination within 30 days of that suspension, reinstatement, or termination. (8) Establishing restrictions or other controls to mitigate nonperformance by agencies, including, but not limited to, any of the following: (A) The restriction of future project approvals pending demonstration of successful correction of the identified performance failure. (B) The revocation or reduction of authority for state agencies to initiate information technology projects or acquire information technology or telecommunications goods or services. (b) The Department of Technology shall have the authority to delegate to another agency any authority granted under this section based on its assessment of the agency’s project management, project oversight, and project performance. (Amended by Stats. 2013, Ch. 353, Sec. 77. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  125. 11546.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. )

    Verify source ↗

    Covered state agencies and state entities must file two annual cost summaries with the Department of Technology by February 1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. ) ## 11546.2. (a) On or before February 1 of every year, each state agency and state entity subject to Section 11546.1, shall submit, as instructed by the Department of Technology, a summary of its actual and projected information technology and telecommunications costs, including, but not limited to, personnel, for the immediately preceding fiscal year and current fiscal year, showing current expenses and projected expenses for the current fiscal year, in a format prescribed by the Department of Technology in order to capture statewide information technology expenditures. (b) On or before February 1 of every year, each state agency and state entity subject to Section 11546.1 shall submit, as instructed and in a format prescribed by the Department of Technology, a summary of its actual and projected information security costs, including, but not limited to, personnel, for the immediately preceding fiscal year and current fiscal year, showing current expenses and projected expenses for the current fiscal year, in order to capture statewide information security expenditures, including the expenditure of federal grant funds for information security purposes. (Amended by Stats. 2017, Ch. 193, Sec. 2. (AB 475) Effective January 1, 2018.)
  126. 11546.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. )

    Verify source ↗

    Certain chief information officers and state agencies must plan, report, migrate systems, and follow Department of Technology policies to reduce energy use and consolidate IT services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. ) ## 11546.3. (a) (1) A chief information officer appointed under Section 11546.1 shall develop a plan to leverage cost-effective strategies to reduce the total amount of energy utilized by information technology and telecommunications equipment of the officer’s agency or entity, as the case may be, in support of the statewide effort to reduce energy consumption by 20 percent below the 2009 baseline by July 1, 2011, and by 30 percent below the 2009 baseline by July 1, 2012. (2) A chief information officer appointed under Section 11546.1 shall report the progress toward the energy reduction targets in paragraph (1) to the Department of Technology on a quarterly basis beginning in January 2011. The Department of Technology shall include the quarterly reports on its Internet Web site. (b) (1) A state agency or entity subject to Section 11546.1 shall do all of the following: (A) Comply with the policies of the Department of Technology to reduce the total amount of office square footage currently utilized for data centers by the agency or entity, as the case may be, in support of the statewide effort to reduce energy consumption by 50 percent below the 2009 baseline by July 2011. (B) Host all mission critical and public-facing applications and server refreshes in a Tier III or equivalent data center, as designated by the Department of Technology. (C) Close any existing data centers or server rooms that house nonnetwork equipment by June 2013. On or before July 2011, transition plans, in accordance with guidance provided by the Department of Technology, shall be submitted to the Department of Technology. (D) Be in migration from its existing network services to the California Government Network by no later than July 2011. (E) Report to the Department of Technology on the progress toward the targets listed in this subdivision on a quarterly basis, beginning in January 2011. (2) The Department of Technology shall include the quarterly reports required by subparagraph (E) of paragraph (1) on its Internet Web site. (c) (1) A state agency or entity subject to Section 11546.1 shall do both of the following: (A) Be in migration to the state shared email solution by no later than June 2011. (B) Report to the Department of Technology on the progress toward the target listed in subparagraph (A) on a quarterly basis, beginning in April 2011. (2) The Department of Technology shall include the quarterly reports required by subparagraph (B) of paragraph (1) on its Internet Web site. (Amended by Stats. 2013, Ch. 352, Sec. 237. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  127. 11546.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. )

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    An agency’s proposed service contract must go through Department of Technology review, approval, and oversight if it includes an IT component that would be overseen as a standalone IT project.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. ) ## 11546.4. Notwithstanding any other law, any service contract proposed to be entered into by an agency that would not otherwise be subject to review, approval, or oversight by the Department of Technology but that contains an information technology component that would be subject to oversight by the Department of Technology if it was a separate information technology project, shall be subject to review, approval, and oversight by the Department of Technology as set forth in Section 11546. (Amended by Stats. 2013, Ch. 352, Sec. 238. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  128. 11546.45.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. )

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    The Department of Technology must identify and prioritize high-risk state IT services, report annually, and manage state agency submissions on IT service contracts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. ) ## 11546.45. (a) (1) The Department of Technology shall identify, assess, and prioritize high-risk, critical information technology services and systems across state government, as determined by the Department of Technology, for modernization, stabilization, or remediation. (2) The Department of Technology shall submit an annual report to the Legislature that includes all of the following: (A) An explanation of how the Department of Technology is prioritizing these efforts across state government. (B) The impediments and risks that could, or issues that already have, led to changes in how the Department of Technology identifies, assesses, and prioritizes these efforts. (3) In accordance with Section 7929.210, this section shall not be construed to require the disclosure of information relating to high-risk, critical information technology services and systems by the Department of Technology, if, on the facts of the particular case, disclosure of that record would reveal vulnerabilities to, or otherwise increase the potential for an attack on, an information technology system of a public agency. (b) (1) Notwithstanding any other law, all state agencies and state entities shall submit information relating to their information technology service contracts, as defined, to the Department of Technology before February 1, 2022, and annually thereafter, in a manner determined by the Department of Technology. (2) The Department of Technology shall analyze the information submitted pursuant to subparagraph (1). (3) After completing the analysis, the Department of Technology shall submit a report to the Legislature, as part of its annual information technology report submitted pursuant to subdivision (e) of Section 11545, that does all of the following: (A) Identifies each service that the Department of Technology believes would be appropriately centralized as shared services contracts. (B) Summarizes market research the department would conduct to estimate the one-time and ongoing costs to the state of each service. (C) Calculates potential offsetting savings to the state from reduced overlap and redundancy of services. (4) After submitting the report, the Department of Technology shall create a plan, coordinate with, and assist state agencies and state entities in, the implementation of a plan to establish centralized contracts for identified shared services, as defined. The plan may include, but is not limited to, a list of existing service contracts of state agencies and state entities that may be replaced with centralized service contracts managed by the Department of Technology and a proposed strategy and timeline for the transition from existing service contracts to centralized service contracts. The Department of Technology shall submit the plan to the Joint Legislative Budget Committee no later than February 1, 2023. (c) For purposes of this section, the following definitions apply: (1) “Information technology services and systems contracts” means contracts for services and systems, including, but not limited to, cloud services, including “Software as a Service,” “Infrastructure as a Service,” and “Platform as a Service,” on-premises services and systems, information technology personal services, and information technology consulting services for not less than five hundred thousand dollars ($500,000) annually, or such amounts determined by the Department of Technology pursuant to its policy. (2) “Shared services” means information technology services commonly used across state agencies that may be consolidated under a single contract to achieve cost savings and process efficiencies. (Amended by Stats. 2022, Ch. 28, Sec. 61. (SB 1380) Effective January 1, 2023.)
  129. 11546.45.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. )

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    The Department of Technology must inventory certain high-risk automated decision systems and submit a report to legislative committees on a set schedule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. ) ## 11546.45.5. (a) For purposes of this section: (1) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (2) “Automated decision system” means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is used to assist or replace human discretionary decisionmaking and materially impacts natural persons. “Automated decision system” does not include a spam email filter, firewall, antivirus software, identity and access management tools, calculator, database, dataset, or other compilation of data. (3) “Board” means any administrative or regulatory board, commission, committee, council, association, or authority consisting of more than one person whose members are appointed by the Governor, the Legislature, or both. (4) “Department” means the Department of Technology. (5) “High-risk automated decision system” means an automated decision system that is used to assist or replace human discretionary decisions that have a legal or similarly significant effect, including decisions that materially impact access to, or approval for, housing or accommodations, education, employment, credit, health care, and criminal justice. (6) (A) “State agency” means any of the following: (i) Any state office, department, division, or bureau. (ii) The California State University. (iii) The Board of Parole Hearings. (iv) Any board or other professional licensing and regulatory body under the administration or oversight of the Department of Consumer Affairs. (B) “State agency” does not include the University of California, the Legislature, the judicial branch, or any board, except as provided in subparagraph (A). (b) On or before September 1, 2024, the Department of Technology shall conduct, in coordination with other interagency bodies as it deems appropriate, a comprehensive inventory of all high-risk automated decision systems that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, any state agency. (c) The comprehensive inventory described by subdivision (b) shall include a description of all of the following: (1) (A) Any decision the automated decision system can make or support and the intended benefits of that use. (B) The alternatives to any use described in subparagraph (A). (2) The results of any research assessing the efficacy and relative benefits of the uses and alternatives of the automated decision system described by paragraph (1). (3) The categories of data and personal information the automated decision system uses to make its decisions. (4) (A) The measures in place, if any, to mitigate the risks, including cybersecurity risk and the risk of inaccurate, unfairly discriminatory, or biased decisions, of the automated decision system. (B) Measures described by this paragraph may include, but are not limited to, any of the following: (i) Performance metrics to gauge the accuracy of the system. (ii) Cybersecurity controls. (iii) Privacy controls. (iv) Risk assessments or audits for potential risks. (v) Measures or processes in place to contest an automated decision. (d) (1) On or before January 1, 2025, and annually thereafter, the department shall submit a report of the comprehensive inventory described in subdivision (b) to the Assembly Committee on Privacy and Consumer Protection and the Senate Committee on Governmental Organization. (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2029, pursuant to Section 10231.5. (3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795. (Amended by Stats. 2024, Ch. 843, Sec. 3. (AB 2885) Effective January 1, 2025.)
  130. 11546.46.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. )

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    The Department of Technology must create a state digital equity plan by January 1, 2024, and try to obtain available federal funding for it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. ) ## 11546.46. (a) (1) By January 1, 2024, the Department of Technology, in consultation with the public, the Public Utilities Commission, and the California Broadband Council, shall develop a state digital equity plan. (2) The Department of Technology, to the extent practicable, shall obtain all available federal funding for purposes of developing and implementing the state digital equity plan. (b) The state digital equity plan shall include the following: (1) The identification of barriers to digital equity faced by covered populations in this state. Barriers include, but are not limited to, the following: (A) The availability and affordability of access to fixed and wireless broadband technology. (B) Accessibility and inclusivity of online public resources and services. (C) Digital literacy. (D) Awareness and use of measures to secure the online privacy and cybersecurity of an individual. (E) Availability and affordability of consumer devices and technical support for those devices. (2) Measurable objectives for documenting and promoting digital equity among covered populations located in the state. (3) An assessment of how the objectives described will impact and interact with the following: (A) Economic and workforce development goals, plans, and outcomes of the state. (B) Educational outcomes, including, but not limited to, digital equity barriers for individuals with learning disabilities and English learners. (C) Health outcomes. (D) Civic and social engagement. (E) Delivery of other essential services. (4) A description of how the department plans to collaborate with key stakeholders, including, but not limited to, the following: (A) Community anchor institutions. (B) Local governments. (C) Local educational agencies. (D) Native American tribes. (E) Nonprofit organizations. (F) Organizations that represent covered populations. (G) Civil rights organizations. (H) Entities that carry out workforce development programs. (I) State and local agencies that are responsible for administering or supervising adult education and literacy activities. (J) State and local public housing authorities. (K) Internet service providers (ISPs). (L) Digital navigator programs. (M) Partnerships between any of the entities described in subparagraphs (A) through (L), inclusive. (5) A list of organizations with which the department collaborated in developing and implementing the state digital equity plan. (6) An assessment of existing digital navigator programs in the state and recommendations for a statewide strategy for digital navigators to serve covered populations, including opportunities to integrate with other social service outreach programs and opportunities for covered populations to participate as navigators with training they can then leverage to enter careers in the information technology sector. (c) For purposes of this section: (1) The definitions in Section 60302 of the federal Infrastructure Investment and Jobs Act (Public Law 117-58) apply unless otherwise specified in this section. (2) “Consultation with the public” means soliciting and receiving policy recommendation letters from key stakeholders as listed in paragraph (4) of subdivision (b), soliciting and receiving public comment, and hosting public workshops and meetings. (3) “Covered populations” means demographics that are underserved in regards to internet access and digital literacy, and includes, but is not limited to, the following: (A) Households whose income is 150 percent of the federal poverty level or less for the prior calendar year. (B) Individuals 60 years of age or older. (C) Incarcerated individuals, other than individuals who are incarcerated in a federal correctional facility. (D) Veterans. (E) Individuals with disabilities. (F) Individuals with language barriers, such as English learners and individuals with low literacy levels. (G) Members of a racial or ethnic minority group. (H) Residents of rural areas. (Added by Stats. 2022, Ch. 597, Sec. 2. (AB 2750) Effective January 1, 2023.)
  131. 11546.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. )

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    Most Department of Technology employees are excluded from collective bargaining, with specified exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. ) ## 11546.5. Notwithstanding any other law, all employees of the Department of Technology shall be designated as excluded from collective bargaining pursuant to subdivision (b) of Section 3527, except for employees of the Office of Technology Services and employees of the Public Safety Communications Division who are not otherwise excluded from collective bargaining. (Amended by Stats. 2013, Ch. 352, Sec. 239. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  132. 11546.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. )

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    The Director of Technology must require fingerprint-based background information for covered personnel and use it for DOJ/FBI record checks, appeal handling, and employment decisions under the stated conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. ) ## 11546.6. (a) The Director of Technology shall require fingerprint images and associated information from an employee, prospective employee, contractor, subcontractor, volunteer, or vendor whose duties include, or would include, working on data center, telecommunications, or network operations, engineering, or security with access to confidential or sensitive information and data on the network or computing infrastructure. (b) The fingerprint images and associated information described in subdivision (a) shall be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of any of the following: (1) A record of state or federal convictions and the existence and nature of state or federal arrests for which the person is free on bail or on his or her own recognizance pending trial or appeal. (2) Being convicted of, or pleading nolo contendere to, a crime, or having committed an act involving dishonesty, fraud, or deceit, if the crime or act is substantially related to the qualifications, functions, or duties of a person employed by the state in accordance with this provision. (3) Any conviction or arrest, for which the person is free on bail or on his or her own recognizance pending trial or appeal, with a reasonable nexus to the information or data to which the employee shall have access. (c) Requests for federal criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. (d) The Department of Justice shall respond to the Director of Technology with information as provided under subdivision (p) of Section 11105 of the Penal Code. (e) The Director of Technology shall request subsequent arrest notifications from the Department of Justice as provided under Section 11105.2 of the Penal Code. (f) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code. (g) If an individual described in subdivision (a) is rejected as a result of information contained in the Department of Justice or Federal Bureau of Investigation criminal offender record information response, the individual shall receive a copy of the response record from the Director of Technology. (h) The Director of Technology shall develop a written appeal process for an individual described in subdivision (a) who is determined ineligible for employment because of his or her Department of Justice or Federal Bureau of Investigation criminal offender record. Individuals shall not be found to be ineligible for employment pursuant to this section until the appeal process is in place. (i) When considering the background information received pursuant to this section, the Director of Technology shall take under consideration any evidence of rehabilitation, including participation in treatment programs, as well as the age and specifics of the offense. (Amended by Stats. 2013, Ch. 352, Sec. 240. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  133. 11546.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. )

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    State agency and state entity leaders must post a signed accessibility compliance certification on the website home page every two years, and the Director of Technology must create a standard form for that compliance check.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. ) ## 11546.7. (a) Before July 1, 2019, and before July 1 biennially thereafter, the director of each state agency or state entity, as defined in subdivision (e) of Section 11546.1, and each chief information officer appointed under Section 11546.1, shall post on the home page of the state agency’s or state entity’s Internet Web site a signed certification from the state agency’s or state entity’s director and chief information officer that they have determined that the Internet Web site is in compliance with Sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria. (b) The Director of Technology shall create a standard form that each state agency’s or state entity’s chief information officer shall use to determine whether the state agency’s or state entity’s Internet Web site is in compliance with the accessibility standards specified in subdivision (a). (Added by Stats. 2017, Ch. 780, Sec. 1. (AB 434) Effective January 1, 2018.)
  134. 11546.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. )

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    This section creates a consortium to develop CalCompute and requires a report to the Legislature by January 1, 2027.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. ) ## 11546.8. (a) There is hereby established within the Government Operations Agency a consortium that shall develop, pursuant to this section, a framework for the creation of a public cloud computing cluster to be known as “CalCompute.” (b) The consortium shall develop a framework for the creation of CalCompute that advances the development and deployment of artificial intelligence that is safe, ethical, equitable, and sustainable by doing, at a minimum, both of the following: (1) Fostering research and innovation that benefits the public. (2) Enabling equitable innovation by expanding access to computational resources. (c) The consortium shall make reasonable efforts to ensure that CalCompute is established within the University of California to the extent possible. (d) CalCompute shall include, but not be limited to, all of the following: (1) A fully owned and hosted cloud platform. (2) Necessary human expertise to operate and maintain the platform. (3) Necessary human expertise to support, train, and facilitate the use of CalCompute. (e) The consortium shall operate in accordance with all relevant labor and workforce laws and standards. (f) (1) On or before January 1, 2027, the Government Operations Agency shall submit, pursuant to Section 9795, a report from the consortium to the Legislature with the framework developed pursuant to subdivision (b) for the creation and operation of CalCompute. (2) The report required by this subdivision shall include all of the following elements: (A) A landscape analysis of California’s current public, private, and nonprofit cloud computing platform infrastructure. (B) An analysis of the cost to the state to build and maintain CalCompute and recommendations for potential funding sources. (C) Recommendations for the governance structure and ongoing operation of CalCompute. (D) Recommendations for the parameters for use of CalCompute, including, but not limited to, a process for determining which users and projects will be supported by CalCompute. (E) An analysis of the state’s technology workforce and recommendations for equitable pathways to strengthen the workforce, including the role of CalCompute. (F) A detailed description of any proposed partnerships, contracts, or licensing agreements with nongovernmental entities, including, but not limited to, technology-based companies, that demonstrates compliance with the requirements of subdivisions (c) and (d). (G) Recommendations regarding how the creation and ongoing management of CalCompute can prioritize the use of the current public sector workforce. (g) The consortium shall, consistent with state constitutional law, consist of 14 members as follows: (1) Four representatives of the University of California and other public and private academic research institutions and national laboratories appointed by the Secretary of Government Operations. (2) Three representatives of impacted workforce labor organizations appointed by the Speaker of the Assembly. (3) Three representatives of stakeholder groups with relevant expertise and experience, including, but not limited to, ethicists, consumer rights advocates, and other public interest advocates appointed by the Senate Rules Committee. (4) Four experts in technology and artificial intelligence to provide technical assistance appointed by the Secretary of Government Operations. (h) The members of the consortium shall serve without compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties. (i) The consortium shall be dissolved upon submission of the report required by paragraph (1) of subdivision (f) to the Legislature. (j) If CalCompute is established within the University of California, the University of California may receive private donations for the purposes of implementing CalCompute. (k) This section shall become operative only upon an appropriation in a budget act, or other measure, for the purposes of this section. (Added by Stats. 2025, Ch. 138, Sec. 3. (SB 53) Effective January 1, 2026. Conditionally operative as prescribed by its own provisions.)
  135. 11546.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. )

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    The Department of Technology must prepare and submit a broadband report by May 1, 2024.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. ) ## 11546.9. (a) On or before May 1, 2024, the Department of Technology, with input from relevant state agencies and relevant stakeholders, shall conduct, complete, and submit a report to the Senate Committee on Energy, Utilities and Communications and the Assembly Committee on Communications and Conveyance that reviews and identifies all of the following: (1) Barriers to, and opportunities for, the investment in and efficient building of broadband access points on private and government-owned structures and property, private and public lands and buildings, and public rights of way. (2) Barriers to, and opportunities for, access to mobile and fixed broadband internet service infrastructure by low-income tribal, urban, and rural customers, and to underserved communities. (b) The report shall provide recommendations on how to accelerate deployment of broadband access points to serve tribes, low-income customers, and disadvantaged or underserved communities. (c) At a minimum, the report shall consider whether, and if so, the extent to which the following factors serve as barriers to investment or deployment of broadband access points and shall make recommendations on how to overcome these barriers: (1) The processes for and cost of obtaining electric service to broadband access points. (2) Processes for obtaining state, county, or local permits to deploy broadband access points. (3) Regulatory and legal obstacles in deploying fiber to transport broadband traffic from broadband access points. (4) The lack of legal limitations on the price for leasing private or public property to deploy broadband access points on public and private property and buildings. (5) The cost of leasing access to middle-mile broadband networks. (6) California Coastal Commission permitting policies. (7) Local coastal plans that use California Coastal Commission policies. (8) The permitting policies and processes to deploy on property governed by port authorities. (9) Air quality management district permitting requirements. (10) Noise abatement regulations that result in delay or block investment in, and deployment of, broadband access points. (11) The income of households in the area and the economic feasibility for internet service providers to deploy in areas. (d) For purposes of this section: (1) “Broadband access points” means both wireless broadband access points and wireline broadband access points. (2) “Relevant stakeholders” means representatives of each of the following: law enforcement agencies, public safety community, public first responder personnel and providers, wireless service and infrastructure providers and their trade associations, cable communications providers and their trade association, wireline communications providers and their trade association, tribes, municipal government and city associations, county governments and county associations, investor-owned utilities, publicly owned utilities, organized labor, California manufacturing associations, consumer and ratepayer advocacy organizations, and technology associations. (3) “Relevant state agencies” means the Department of Transportation, the Public Utilities Commission, the Department of Forestry and Fire Protection, Office of Emergency Services, and the California Coastal Commission. (4) “Wireless broadband access points” means poles, buildings, property, towers, and base stations upon which wireless transmission and transport facilities are installed. (5) “Wireline broadband access points” includes coax and fiber transport and distribution facilities and the poles, buildings, property, and structures, upon which these facilities are installed. (Added by Stats. 2022, Ch. 813, Sec. 2. (SB 717) Effective January 1, 2023.)
  136. 11547.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. )

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    The Department of Finance must oversee the fiscal side of state information technology projects.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. ) ## 11547. The Department of Finance shall perform fiscal oversight of the state’s information technology projects. This oversight shall consist of a determination of the availability of project funding from appropriate sources, and project consistency with state fiscal policy. Projects shall continue to be funded through the established Budget Act process. (Added by Stats. 2007, Ch. 183, Sec. 6. Effective January 1, 2008.)
  137. 11548.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. )

    Verify source ↗

    This chapter does not apply to the State Compensation Insurance Fund, the Legislature, or the Legislative Data Center in the Legislative Counsel Bureau.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.6. Department of Technology [11545 - 11548] ( Heading of Chapter 5.6 amended by Stats. 2014, Ch. 391, Sec. 2. ) ## 11548. This chapter shall not apply to the State Compensation Insurance Fund, the Legislature, or the Legislative Data Center in the Legislative Counsel Bureau. (Added by Stats. 2007, Ch. 183, Sec. 6. Effective January 1, 2008.)
  138. 11549.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.7. Office of Information Security and Office of Privacy Protection [11549 - 11549.10] ( Heading of Chapter 5.7 amended by Stats. 2010, Ch. 404, Sec. 24. ) ## ARTICLE 1. Office of Information Security [11549 - 11549.4] ( Article 1 heading added by Stats. 2010, Ch. 404, Sec. 25. )

    Verify source ↗

    This section creates the Office of Information Security in state government, sets it under a chief, and assigns the office duties to provide information security and privacy direction to state agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.7. Office of Information Security and Office of Privacy Protection [11549 - 11549.10] ( Heading of Chapter 5.7 amended by Stats. 2010, Ch. 404, Sec. 24. ) ## ARTICLE 1. Office of Information Security [11549 - 11549.4] ( Article 1 heading added by Stats. 2010, Ch. 404, Sec. 25. ) ## 11549. (a) There is in state government, in the Department of Technology, the Office of Information Security. The purpose of the Office of Information Security is to ensure the confidentiality, integrity, and availability of state systems and applications, and to promote and protect privacy as part of the development and operations of state systems and applications to ensure the trust of the residents of this state. (b) The office shall be under the direction of a chief, who shall be appointed by, and serve at the pleasure of, the Governor. The chief shall report to the Director of Technology, and shall lead the Office of Information Security in carrying out its mission. (c) The duties of the Office of Information Security, under the direction of the chief, shall be to provide direction for information security and privacy to state government agencies, departments, and offices, pursuant to Section 11549.3. (d) (1) Unless the context clearly requires otherwise, whenever the term “Office of Information Security and Privacy Protection” appears in any statute, regulation, or contract, it shall be deemed to refer to the Office of Information Security, and whenever the term “executive director of the Office of Information Security and Privacy Protection” appears in statute, regulation, or contract, it shall be deemed to refer to the Chief of the Office of Information Security. (2) All employees serving in state civil service, other than temporary employees, who are engaged in the performance of functions transferred from the Office of Information Security and Privacy Protection to the Office of Information Security, are transferred to the Office of Information Security. The status, positions, and rights of those persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5), except as to positions the duties of which are vested in a position exempt from civil service. The personnel records of all transferred employees shall be transferred to the Office of Information Security. (3) The property of any office, agency, or department related to functions transferred to the Office of Information Security is transferred to the Office of Information Security. If any doubt arises as to where that property is transferred, the Department of General Services shall determine where the property is transferred. (4) All unexpended balances of appropriations and other funds available for use in connection with any function or the administration of any law transferred to the Office of Information Security shall be transferred to the Office of Information Security for the use and for the purpose for which the appropriation was originally made or the funds were originally available. If there is any doubt as to where those balances and funds are transferred, the Department of Finance shall determine where the balances and funds are transferred. (Amended by Stats. 2013, Ch. 353, Sec. 78. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  139. 11549.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.7. Office of Information Security and Office of Privacy Protection [11549 - 11549.10] ( Heading of Chapter 5.7 amended by Stats. 2010, Ch. 404, Sec. 24. ) ## ARTICLE 1. Office of Information Security [11549 - 11549.4] ( Article 1 heading added by Stats. 2010, Ch. 404, Sec. 25. )

    Verify source ↗

    This section defines “Chief,” “Office,” and “Program” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.7. Office of Information Security and Office of Privacy Protection [11549 - 11549.10] ( Heading of Chapter 5.7 amended by Stats. 2010, Ch. 404, Sec. 24. ) ## ARTICLE 1. Office of Information Security [11549 - 11549.4] ( Article 1 heading added by Stats. 2010, Ch. 404, Sec. 25. ) ## 11549.1. As used in this article, the following terms have the following meanings: (a) “Chief” means the Chief of the Office of Information Security. (b) “Office” means the Office of Information Security. (c) “Program” means an information security program established pursuant to Section 11549.3. (Amended by Stats. 2013, Ch. 353, Sec. 79. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  140. 11549.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.7. Office of Information Security and Office of Privacy Protection [11549 - 11549.10] ( Heading of Chapter 5.7 amended by Stats. 2010, Ch. 404, Sec. 24. ) ## ARTICLE 2. Office of Privacy Protection [11549.5 - 11549.10] ( Article 2 heading added by Stats. 2010, Ch. 404, Sec. 30. )

    Verify source ↗

    This chapter does not apply to the State Compensation Insurance Fund, the Legislature, or the Legislative Data Center in the Legislative Counsel Bureau.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.7. Office of Information Security and Office of Privacy Protection [11549 - 11549.10] ( Heading of Chapter 5.7 amended by Stats. 2010, Ch. 404, Sec. 24. ) ## ARTICLE 2. Office of Privacy Protection [11549.5 - 11549.10] ( Article 2 heading added by Stats. 2010, Ch. 404, Sec. 30. ) ## 11549.10. This chapter shall not apply to the State Compensation Insurance Fund, the Legislature, or the Legislative Data Center in the Legislative Counsel Bureau. (Added by renumbering Section 11549.6 by Stats. 2010, Ch. 404, Sec. 32. (AB 2408) Effective January 1, 2011.)
  141. 11549.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.7. Office of Information Security and Office of Privacy Protection [11549 - 11549.10] ( Heading of Chapter 5.7 amended by Stats. 2010, Ch. 404, Sec. 24. ) ## ARTICLE 1. Office of Information Security [11549 - 11549.4] ( Article 1 heading added by Stats. 2010, Ch. 404, Sec. 25. )

    Verify source ↗

    This section requires the state’s information security chief to run an information security program and requires covered state entities and agencies to follow office-issued security and privacy policies, assessments, reporting, and certification rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.7. Office of Information Security and Office of Privacy Protection [11549 - 11549.10] ( Heading of Chapter 5.7 amended by Stats. 2010, Ch. 404, Sec. 24. ) ## ARTICLE 1. Office of Information Security [11549 - 11549.4] ( Article 1 heading added by Stats. 2010, Ch. 404, Sec. 25. ) ## 11549.3. (a) The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following: (1) The creation, updating, and publishing of information security and privacy policies, standards, and procedures for state agencies in the State Administrative Manual. (2) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies to effectively manage security and risk for both of the following: (A) Information technology, which includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines. (B) Information that is identified as mission critical, confidential, sensitive, or personal, as defined and published by the office. (3) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies for the collection, tracking, and reporting of information regarding security and privacy incidents. (4) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies in the development, maintenance, testing, and filing of each state agency’s disaster recovery plan. (5) Coordination of the activities of state agency information security officers, for purposes of integrating statewide security initiatives and ensuring compliance with information security and privacy policies and standards. (6) Promotion and enhancement of the state agencies’ risk management and privacy programs through education, awareness, collaboration, and consultation. (7) Representing the state before the federal government, other state agencies, local government entities, and private industry on issues that have statewide impact on information security and privacy. (b) All state entities defined in Section 11546.1 shall implement the policies and procedures issued by the office, including, but not limited to, performing both of the following duties: (1) Comply with the information security and privacy policies, standards, and procedures issued pursuant to this chapter by the office. (2) Comply with filing requirements and incident notification by providing timely information and reports as required by the office. (c) (1) The office may conduct, or require to be conducted, an independent security assessment of every state agency, department, or office. The cost of the independent security assessment shall be funded by the state agency, department, or office being assessed. (2) In addition to the independent security assessments authorized by paragraph (1), the office, in consultation with the Office of Emergency Services, shall perform all the following duties: (A) Annually require no fewer than 35 state entities to perform an independent security assessment, the cost of which shall be funded by the state agency, department, or office being assessed. (B) Determine criteria and rank state entities based on an information security risk index that may include, but not be limited to, analysis of the relative amount of the following factors within state agencies: (i) Personally identifiable information protected by law. (ii) Health information protected by law. (iii) Confidential financial data. (iv) Self-certification of compliance and indicators of unreported noncompliance with security provisions in the following areas: (I) Information asset management. (II) Risk management. (III) Information security program management. (IV) Information security incident management. (V) Technology recovery planning. (C) Determine the basic standards of services to be performed as part of independent security assessments required by this subdivision. (3) The Military Department may perform an independent security assessment of any state agency, department, or office, the cost of which shall be funded by the state agency, department, or office being assessed. (d) State agencies and entities required to conduct or receive an independent security assessment pursuant to subdivision (c) shall transmit the complete results of that assessment and recommendations for mitigating system vulnerabilities, if any, to the office and the Office of Emergency Services. (e) The office shall report to the Department of Technology and the Office of Emergency Services any state entity found to be noncompliant with information security program requirements. (f) (1) Every state agency, as defined in Section 11000, that is not subject to subdivision (b) shall do all of the following: (A) Adopt and implement information security and privacy policies, standards, and procedures that adhere to the following standards: (i) The National Institute of Standards and Technology (NIST) Special Publication 800-53, Revision 5, Security and Privacy Controls for Federal Information Systems and Organizations, and its successor publications. (ii) Federal Information Processing Standards (FIPS) 199 Standards for Security Categorization of Federal Information and Information Systems, and its successor publications. (iii) Federal Information Processing Standards (FIPS) 200 Minimum Security Requirements for Federal Information and Information Systems, and its successor publications. (B) Perform a comprehensive, independent security assessment every two years. The independent assessment shall assess all policies, standards, and procedures adopted pursuant to subparagraph (A) and paragraph (2), if applicable. (2) A state agency described in paragraph (1) may adopt and implement information security and privacy policies, standards, and procedures following Chapter 5300 - Information Technology - Office of Information Security of the State Administrative Manual. A state agency described in paragraph (1) may discontinue a policy, standard, or procedure adopted pursuant to this paragraph at any time. (3) A state agency described in paragraph (1) may contract with the Military Department, or with a qualified responsible vendor, to perform an independent security assessment of the state agency pursuant to subparagraph (B) of paragraph (1), the cost of which shall be funded by the state agency being assessed. (4) (A) Every state agency described in paragraph (1) shall certify, on a form developed pursuant to subparagraph (C), by February 1 annually, to the office that the agency is in compliance with all policies, standards, and procedures adopted pursuant to this subdivision. The certification shall include a plan of action and milestones. (B) Notwithstanding any other law, the certification made to the office shall be kept confidential and shall not be disclosed, except as provided in subparagraph (E). The office shall ensure the transferring, receiving, possessing, or disclosing of certifications is done in a manner that ensures the confidentiality and security of the certification, including restricting transfer and storage methods to electronic means and ensuring that certification data is encrypted in transport and at rest. The office shall only provide access to certifications to employees who have submitted to a criminal background check as a condition of employment. (C) The office shall develop a form for certification based on the Statewide Information Management Manual (SIMM) 5330-B, making modifications as necessary to encompass the requirements on state agencies under paragraphs (1) to (4), inclusive. (D) The office may make recommendations and offer assistance to any state agency described in paragraph (1) on completing the plan of action and milestones required under paragraph (A). However, the office shall not have the authority to require any recommendation be followed or to compel acceptance of any assistance. (E) The office shall review the certifications and make an annual summary report available, by May 1, 2024, and by March 1 every year thereafter, to the appropriate legislative committees and the Legislative Analyst’s Office to further their oversight and budgetary responsibilities. (5) As an alternative to complying with the requirements of paragraphs (1) to (4), inclusive, a state agency described in paragraph (1) may annually submit, by January 15, a declaration to the chief confirming that the state agency voluntarily and fully complies with subdivisions (b) and (c). (6) This subdivision shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the University. (g) (1) Notwithstanding any other law, during the process of conducting an independent security assessment pursuant to subdivision (c) or (f), information and records concerning the independent security assessment are confidential and shall not be disclosed, except that the information and records may be transmitted to state employees and state contractors who have been approved as necessary to receive the information and records to perform that independent security assessment, subsequent remediation activity, or monitoring of remediation activity. (2) The results of a completed independent security assessment performed pursuant to subdivision (c), (f), or (j), and any related information shall be subject to all disclosure and confidentiality provisions pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but not limited to Section 7929.210. (h) The office may conduct or require to be conducted an audit of information security to ensure program compliance. (i) The office shall notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice regarding any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government. (j) (1) At the request of a local educational agency, and in consultation with the California Cybersecurity Integration Center, the Military Department may perform an independent security assessment of the local educational agency, or an individual schoolsite under its jurisdiction, the cost of which shall be funded by the local educational agency. (2) The criteria for the independent security assessment shall be established by the Military Department in coordination with the local educational agency. (3) The Military Department shall disclose the results of an independent security assessment only to the local educational agency and the California Cybersecurity Integration Center. (4) For purposes of this subdivision, “local educational agency” means a school district, county office of education, charter school, or state special school. (Amended by Stats. 2023, Ch. 45, Sec. 15. (AB 127) Effective July 10, 2023.)
  142. 11549.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.7. Office of Information Security and Office of Privacy Protection [11549 - 11549.10] ( Heading of Chapter 5.7 amended by Stats. 2010, Ch. 404, Sec. 24. ) ## ARTICLE 1. Office of Information Security [11549 - 11549.4] ( Article 1 heading added by Stats. 2010, Ch. 404, Sec. 25. )

    Verify source ↗

    The office must consult specified state officials and any other relevant agencies about information security and privacy policies, standards, and procedures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.7. Office of Information Security and Office of Privacy Protection [11549 - 11549.10] ( Heading of Chapter 5.7 amended by Stats. 2010, Ch. 404, Sec. 24. ) ## ARTICLE 1. Office of Information Security [11549 - 11549.4] ( Article 1 heading added by Stats. 2010, Ch. 404, Sec. 25. ) ## 11549.4. The office shall consult with the Director of Technology, the Office of Emergency Services, the Director of General Services, the Director of Finance, and any other relevant agencies concerning policies, standards, and procedures related to information security and privacy. (Amended by Stats. 2013, Ch. 352, Sec. 241. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  143. 11549.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.7. Office of Information Security and Office of Privacy Protection [11549 - 11549.10] ( Heading of Chapter 5.7 amended by Stats. 2010, Ch. 404, Sec. 24. ) ## ARTICLE 2. Office of Privacy Protection [11549.5 - 11549.10] ( Article 2 heading added by Stats. 2010, Ch. 404, Sec. 30. )

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    The Office of Privacy Protection must inform the public, make privacy recommendations, handle complaints, provide consumer information and referrals, develop education materials, help train law enforcement, and its regulation-making power is limited to implementing this article. It may also promote voluntary nonbinding arbitration and mediation of privacy disputes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.7. Office of Information Security and Office of Privacy Protection [11549 - 11549.10] ( Heading of Chapter 5.7 amended by Stats. 2010, Ch. 404, Sec. 24. ) ## ARTICLE 2. Office of Privacy Protection [11549.5 - 11549.10] ( Article 2 heading added by Stats. 2010, Ch. 404, Sec. 30. ) ## 11549.5. (a) There is hereby created, in the State and Consumer Services Agency, the Office of Privacy Protection. The purpose of the Office of Privacy Protection shall be to protect the privacy of individuals’ personal information in a manner consistent with the California Constitution by identifying consumer problems in the privacy area and facilitating the development of fair information practices in adherence with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) and to promote and protect consumer privacy to ensure the trust of the residents of this state. (b) The Office of Privacy Protection shall inform the public of potential options for protecting the privacy of, and avoiding the misuse of, personal information. (c) The Office of Privacy Protection shall make recommendations to organizations for privacy policies and practices that promote and protect the interests of the consumers of this state. (d) The Office of Privacy Protection may promote voluntary and mutually agreed upon nonbinding arbitration and mediation of privacy-related disputes where appropriate. (e) The Office of Privacy Protection shall do all of the following: (1) Receive complaints from individuals concerning a person obtaining, compiling, maintaining, using, disclosing, or disposing of personal information in a manner that may be potentially unlawful or violate a stated privacy policy relating to that individual, and provide advice, information, and referral, where available. (2) Provide information to consumers on effective ways of handling complaints that involve violations of privacy-related laws, including identity theft and identity fraud. If appropriate local, state, or federal agencies are available to assist consumers with those complaints, the office shall refer those complaints to those agencies. (3) Develop informational and educational programs and materials to foster public understanding and recognition of the purposes of this article. (4) Assist and coordinate in the training of local, state, and federal law enforcement agencies regarding identity theft and other privacy-related crimes, as appropriate. (5) The authority of the Office of Privacy Protection to adopt regulations under this article shall be limited exclusively to those regulations necessary and appropriate to implement subdivisions (b), (c), (d), and (e). (Amended by Stats. 2010, Ch. 404, Sec. 31. (AB 2408) Effective January 1, 2011.)
  144. 11549.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. )

    Verify source ↗

    This section defines several terms used in the chapter, including “Commission,” “Department,” “Mbps,” “Office,” “Open access,” “Statewide open-access middle-mile broadband network,” and “Third-party administrator.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. ) ## 11549.50. For purposes of this chapter, the following definitions apply: (a) “Commission” means the Public Utilities Commission. (b) “Department” means the Department of Technology. (c) “Mbps” means megabit per second. (d) “Office” means the Office of Broadband and Digital Literacy established pursuant to Section 11549.51. (e) “Open access” means equal non-discriminatory access to eligible entities on a technology and competitively neutral basis, regardless of whether the entity is privately or publicly owned. (f) “Statewide open-access middle-mile broadband network” means the broadband infrastructure that is funded pursuant to Item 7502-062-8506 of the Budget Act of 2021. (g) “Third-party administrator” means the third-party administrator retained by the office pursuant to Section 11549.53. (Added by Stats. 2021, Ch. 112, Sec. 3. (SB 156) Effective July 20, 2021.)
  145. 11549.51.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. )

    Verify source ↗

    This section states that the Office of Broadband and Digital Literacy exists in state government within the department.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. ) ## 11549.51. There is in state government, within the department, the Office of Broadband and Digital Literacy. (Added by Stats. 2021, Ch. 112, Sec. 3. (SB 156) Effective July 20, 2021.)
  146. 11549.52.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. )

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    The office must manage and oversee contracts to develop, build, maintain, and operate a statewide open-access middle-mile broadband network, while prioritizing connections to unserved and underserved areas.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. ) ## 11549.52. (a) The office shall, consistent with Item 7502-062-8506 of the Budget Act of 2021, oversee the acquisition and management of contracts for the development and construction of a statewide open-access middle-mile broadband network, and for the maintenance and operation of the statewide open-access middle-mile broadband network to provide an opportunity for last-mile providers, anchor institutions, and tribal entities to connect to, and interconnect with other networks and other appropriate connections to, the statewide open-access middle-mile broadband network to facilitate high-speed broadband service. (b) The office shall, with the third-party administrator, develop and construct a statewide open-access middle-mile broadband network that prioritizes last-mile connections to unserved and underserved areas and locations. (1) In prioritizing last-mile connections, the office shall prioritize a geographically diverse group of network segments in rural and urban areas of the state to achieve the greatest reductions in the number of locations that are unserved and underserved by broadband internet access service that meets federal and state standards. (2) In prioritizing stand-alone Department of Transportation construction projects from the Department of Technology’s Middle-Mile Broadband Network Initiative, the office shall prioritize network segments necessary for connection to last-mile projects with grant awards from one or more of the following programs, including, but not limited to: (A) The Broadband Equity, Access, and Deployment Program. (B) The California Advanced Services Fund program, as described in Section 281 of the Public Utilities Code. (C) The Federal Funding Account program. (c) The office and the third-party administrator shall work directly with last-mile project grant awardees to ensure that network segments, including prioritized stand-alone Department of Transportation construction projects, support last-mile connections. (d) The office and the third-party administrator shall, to the extent feasible, minimize disruption due to excavations. This shall not be used as a basis to exclude or deprioritize a network segment. (e) The office has the same authority granted to the department pursuant to paragraph (1) of subdivision (e) of Section 6611 of the Public Contract Code for purposes of implementing this section. (Amended by Stats. 2024, Ch. 41, Sec. 35. (SB 164) Effective June 29, 2024.)
  147. 11549.53.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. )

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    The office has authority to contract and take necessary actions for the statewide middle-mile broadband network, must retain a third-party administrator, and its contracts are exempt from specified Public Contract Code provisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. ) ## 11549.53. (a) The office has the powers and authorities necessary to implement this chapter, including, but not limited to, the authority to enter into contracts with one or more entities to acquire goods and services and to take actions it deems necessary and appropriate for the development, acquisition, construction, maintenance, and operation of a statewide open-access middle-mile broadband network, including the creation of rural exchange points. (b) (1) The office shall retain a third-party administrator to manage the development, acquisition, construction, maintenance, and operation of a statewide open-access middle-mile broadband network, including the creation of rural exchange points. (2) The third-party administrator retained by the office shall be a California based nonprofit entity with demonstrated experience serving public libraries, elementary and secondary schools, and institutions of higher education with broadband connectivity. (c) Contracts entered into by the office are exempt from Section 10295 of, and Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of, the Public Contract Code. (Added by Stats. 2021, Ch. 112, Sec. 3. (SB 156) Effective July 20, 2021.)
  148. 11549.54.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. )

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    The commission and the office must work together on identifying, prioritizing, sharing, and publishing information about statewide open-access middle-mile broadband network locations, and the commission must also collect public comments and project information.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. ) ## 11549.54. (a) The commission, in collaboration with the third-party administrator, shall assist the office and provide to the office the locations for the statewide open-access middle-mile broadband network in a commission staff report, and shall update the locations from time to time as the commission deems appropriate. (b) The commission shall identify statewide open-access middle-mile broadband network locations that will enable last-mile service connections and are in communities where there is no known middle-mile infrastructure that is open access, with sufficient capacity, and at affordable rates. (c) The commission shall identify priority statewide open-access middle-mile broadband network locations, including areas that can be built expeditiously, areas with no known middle-mile network access, regions underserved by middle-mile networks, and regions without sufficient capacity to meet future middle-mile needs. (d) In identifying priority statewide open-access middle-mile broadband network locations pursuant to subdivision (c), the commission shall prioritize locations that enable last-mile connections to residences unserved by 25 mbps downstream and 3 mbps upstream. The locations prioritized by the commission may also include entities that lack sufficient high-bandwidth connections, including, but not limited to, all of the following: (1) Elementary and secondary schools. (2) Community colleges and other institutions of higher education. (3) Government entities. (4) Healthcare institutions. (5) Libraries. (6) Public safety answering points and technologies to assist in the prevention or response to natural disasters, including, but not limited to, fairgrounds. (7) Tribal lands. (e) The commission, in collaboration with relevant stakeholders, shall identify state highway rights-of-way where installation of open-access middle-mile broadband infrastructure should be prioritized. (1) In prioritizing state highway rights-of-way, the commission shall prioritize a geographically diverse group of projects in rural and urban areas of the state to achieve the greatest reductions in the amount of households unserved by broadband internet access service meeting federal and state standards. (2) Upon identifying and prioritizing locations pursuant to this section, the commission shall transmit the list of priority projects to the Department of Transportation and publish the list on the commission’s internet website. (f) (1) The commission shall solicit and receive public comments within 90 days of the effective date of this section with respect to both of the following: (A) The current locations, routes, availability, technical performance characteristics, and other aspects of commercial sources of supply of middle-mile broadband network services. (B) The locations, routes, technical performance characteristics, network design, regeneration points, interconnection points and tie-ins, and other design, technical, business, and operational considerations that would increase the attractiveness and usefulness of the statewide open-access middle-mile broadband network for commercial internet service providers. (2) These public comments shall inform the locations for the statewide open-access middle-mile network provided to the office pursuant to subdivision (a). (g) (1) The commission shall provide the office and the third-party administrator with information on last-mile projects with grant awards from one or more of the following programs: (A) The Broadband Equity, Access, and Development Program. (B) The California Advanced Services Fund program, as described in Section 281 of the Public Utilities Code. (C) The Federal Funding Account program. (2) The information provided by the commission on last-mile projects with grant awards shall include whether a project plans to connect to the statewide open-access middle-mile network. (h) (1) The commission shall treat any confidential information obtained from the department pursuant to this section consistent with its processes and statutory requirements for maintaining confidential information otherwise received from communications service providers. (2) The commission may share with the department any confidential information it receives from communications service providers that is related to the development and operation of the statewide open-access middle-mile broadband network, and the department shall not disclose that information. (i) The office shall plan and develop the statewide open-access middle-mile broadband network using the information provided pursuant to subdivisions (a) to (d), inclusive. (j) (1) In the planning and development of the statewide open-access middle-mile broadband network, the office shall consider technical advice received from entities, including, but not limited to, wireless communications service providers, wireline communications service providers, state agencies, local governments, nonprofit entities, tribes, educational institutions, organized labor groups, regional consortia, and, if applicable, a working group convened pursuant to paragraph (2). (2) The office may convene a working group to provide additional advice pursuant to this subdivision. (Amended by Stats. 2024, Ch. 41, Sec. 36. (SB 164) Effective June 29, 2024.)
  149. 11549.55.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. )

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    This section gives the office, or an assigned entity, authority to use certain contracting methods to build the statewide open-access middle-mile broadband network, and it sets job order contracting requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. ) ## 11549.55. (a) (1) The construction of a statewide open-access middle-mile broadband network under design-build authority is exempt from the design-build procurement authorization limit of subdivision (a) of Section 6821 of the Public Contract Code. (2) Notwithstanding subdivision (a) of Section 6829 of the Public Contract Code, the design-build procurement authorization under Chapter 6.5 (commencing with Section 6820) of Part 1 of Division 2 of the Public Contract Code shall remain in effect for purposes of the statewide open-access middle-mile broadband network after January 1, 2024, until the completion of the broadband network. (b) (1) The office, or an entity, including the Department of Transportation, assigned by the office to construct the statewide open-access middle-mile broadband network, or a portion of the broadband network, may use the Construction Manager/General Contractor method under Chapter 6.3 (commencing with Section 6700) of Part 1 of Division 2 of the Public Contract Code for the construction of the broadband network. (2) The dollar value limitation on the Construction Manager/General Contractor method as specified in paragraph (1) of subdivision (b) of Section 6701 of the Public Contract Code does not apply to the statewide open-access middle-mile broadband network. (c) The office, or an entity, including the Department of Transportation, assigned by the office to construct the statewide open-access middle-mile broadband network, or a portion of the broadband network, may use job order contracting to construct the broadband network as follows: (1) The office, or an entity, including the Department of Transportation, assigned by the office to construct the statewide open-access middle-mile broadband network, or a portion of the broadband network, shall establish a procedure to prequalify job order contractors and shall prepare a set of documents for each job order contract. (2) The documents prepared pursuant to paragraph (1) shall include a unit price book of construction tasks with preestablished unit prices, job order contract specifications, and any other information deemed necessary to describe adequately the office’s or the entity’s needs. (3) Based on the documents prepared pursuant to paragraph (1), the office, or an entity, including the Department of Transportation, assigned by the office to construct the statewide open-access middle-mile broadband network, or a portion of the broadband network, shall prepare a request for bids that invites prequalified job order contractors to submit competitive sealed bids in the manner prescribed by the office or the entity. (4) Job order contracts may be executed for an initial contract term of no more than 12 months, with the option of extending or renewing the job order contract for two 12-month periods. All extensions or renewals shall be priced as provided in the request for bids. The extension or renewal shall be mutually agreed to by the office, or an entity, including the Department of Transportation, assigned by the office to construct the statewide open-access middle-mile broadband network, or a portion of the broadband network, and the job order contractor. (5) Any job order contractor that is selected to construct a project pursuant to this subdivision shall possess or obtain sufficient bonding to cover the contract amount for construction services and risk and liability insurance as the office, or an entity, including the Department of Transportation, assigned by the office to construct the statewide open-access middle-mile broadband network, or a portion of the broadband network, may require. (d) This section is not intended to affect, expand, alter, or limit any rights or remedies otherwise available at law. (e) Any construction of the statewide open-access middle-mile broadband network performed by the Department of Transportation and any moneys received as reimbursement for the work are not transportation funds subject to Sections 182 and 183 of the Streets and Highways Code. (Added by Stats. 2021, Ch. 112, Sec. 3. (SB 156) Effective July 20, 2021.)
  150. 11549.56.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. )

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    State agencies must cooperate to speed delivery and permitting of the statewide open-access middle-mile broadband network, and the office must consider rules to encourage or require network-using internet service providers to join lifeline programs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. ) ## 11549.56. (a) All state agencies shall work in cooperation to expedite the delivery and permitting of the statewide open-access middle-mile broadband network. (b) The office shall consider adopting rules to encourage or require internet services providers that use the statewide open-access middle-mile broadband network to participate in the lifeline program pursuant to the Moore Universal Telephone Service Act (Article 8 (commencing with Section 871) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code) and the federal lifeline program. (c) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2) does not apply to regulations related to the operation of the statewide open-access middle-mile broadband network adopted by the office or a state agency assigned by the office to operate the broadband network. (d) The Legislature finds and declares that the statewide open-access middle-mile broadband network serves a public purpose. Notwithstanding Section 104.12 of the Streets and Highways Code and any other applicable law, any lease of public property for purposes of the statewide open-access middle-mile broadband network may be made for less than fair market value. (Added by Stats. 2021, Ch. 112, Sec. 3. (SB 156) Effective July 20, 2021.)
  151. 11549.57.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. )

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    The office may set user policies and manage the network, must ensure a variety of services, must consider a 20-year minimum access term for dark fiber where feasible, must consider excess conduit capacity where feasible, and may enter certain fiber agreements only if speed requirements are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. ) ## 11549.57. (a) In the operation of the statewide open-access middle-mile broadband network, the office may establish reasonable user policies, perform reasonable network management practices, and create related standards and policies. (b) The office shall ensure that there is a variety of services offered to internet service providers or other eligible entities on the statewide open-access middle-mile broadband network. (c) Where feasible, the office shall consider if the term of access to dark fiber shall be no less than a 20-year indefeasible right to use. (d) Where feasible, the office shall consider including excess conduit capacity in projects to ensure for potential growth of the statewide open-access middle-mile broadband network. (e) Where available, the office may only enter into an agreement for the indefeasible right-to-use fiber if the leased facilities and the number of fiber strands will deliver speeds comparable to those broadband facilities built or jointly built pursuant to this chapter. (f) This section does not prohibit the office from making a grant of dark fiber strands for purposes of enhancing the California Research and Education Network. (Amended by Stats. 2023, Ch. 45, Sec. 16. (AB 127) Effective July 10, 2023.)
  152. 11549.58.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. )

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    The department must oversee the statewide middle-mile broadband network, create an advisory committee, report specified network metrics, and update a public map after certain contracts are signed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. ) ## 11549.58. (a) The department shall provide oversight and policy input for the statewide open-access middle-mile broadband network. (b) (1) Within the department shall be a Deputy Director for Broadband, who shall be appointed by, and hold office at the pleasure of, the Governor. (2) The Deputy Director for Broadband shall be the primary point of contact for the third-party administrator, the commission, the Department of Transportation, and the Legislature. (c) (1) The department shall establish a broadband advisory committee to monitor the construction and establishment of the statewide open-access middle-mile broadband network. (2) The broadband advisory committee shall comprise all of the following members: (A) A representative of the commission. (B) A representative of the department. (C) A representative of the Department of Transportation. (D) A representative of the Department of Finance. (E) A representative of the Government Operations Agency. (F) Two ex officio members, who shall be members of the Assembly and be appointed by the Speaker of the Assembly. These ex officio members shall serve at the pleasure of the Speaker of the Assembly. (G) Two ex officio members, who shall be members of the Senate and be appointed by the Senate Committee on Rules. These ex officio members shall serve at the pleasure of the Senate Committee on Rules. (H) A city, county, or city and county elected government official, who shall be appointed by the Speaker of the Assembly. This member shall serve at the pleasure of the Speaker of the Assembly. (I) A city, county, or city and county elected government official, who shall be appointed by the Senate Rules Committee. This member shall serve at the pleasure of the Senate Rules Committee. (3) The representative of the department shall chair the broadband advisory committee. (d) The broadband advisory committee shall meet no less often than monthly for the first 12 months following the effective date of this section, and shall meet quarterly thereafter. (e) The third-party administrator shall seek policy advice from the broadband advisory committee. (f) (1) On or before March 1, 2022, and annually thereafter, the office, in consultation with the department and the Department of Finance, shall report to both budget committees of the Legislature all of the following: (A) The total length of the statewide open-access middle-mile broadband network. (B) The length of the portion of the statewide open-access middle-mile broadband network constructed in the preceding year, by quarter. (C) The number of internet service providers using the statewide open-access middle-mile broadband network. (D) The number of households projected to connect to the statewide open-access middle-mile broadband network. (E) The total expenditures for each project, by quarter. (F) The projected goals for each of the metrics described in subparagraphs (A) to (E), inclusive, for the 18 months following the report. (2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795. (g) Upon execution of any contract for the lease, build, or joint-build of any portion of the middle-mile broadband network pursuant to this chapter, the department shall within 60 days update a map on its public internet website to identify those segments of this network that will be built, leased, or jointly built pursuant to those contracts. (Amended by Stats. 2023, Ch. 45, Sec. 17. (AB 127) Effective July 10, 2023.)
  153. 11549.59.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. )

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    This section establishes the State Middle-Mile Broadband Enterprise Fund and requires network users to pay connection fees that are deposited into the fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.8. Office of Broadband and Digital Literacy [11549.50 - 11549.59] ( Chapter 5.8 added by Stats. 2021, Ch. 112, Sec. 3. ) ## 11549.59. (a) The State Middle-Mile Broadband Enterprise Fund is hereby established within the State Treasury. Moneys in the fund shall be subject to this chapter. (b) All internet services providers, governmental entities, and other users of the statewide open-access middle-mile broadband network shall pay to the department, or its designee, fees for connection to the statewide open-access middle-mile broadband network pursuant to any contract for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network. All fees received by the department, or its designee, pursuant to the terms of the contract shall be deposited into the State Middle-Mile Broadband Enterprise Fund. (c) All revenues payable to the department for activities undertaken by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be deposited into the fund. (d) (1) Notwithstanding Section 13340, until July 1, 2027, funds deposited and maintained under this section are continuously appropriated, without regard to fiscal years, to the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter, and shall not be used for any other purpose. (2) On or after July 1, 2027, moneys in the fund are available for expenditure, upon appropriation by the Legislature, for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter. (e) (1) Obligations authorized and expenses incurred by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be payable from the fund or any other money lawfully available to the department for these purposes. (2) The department shall recover all of the costs it incurs for maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter from the fund established pursuant to this section or any other money lawfully available to the department for these purposes. (f) The fund shall be separate and distinct from any other fund and moneys administered by the department and any interest earned on the moneys in the fund shall be used solely for purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter. (g) When fixed assets and leasehold interests procured under the authority of this chapter are sold or otherwise disposed of, the revenue from the sale or disposition, including any gain or loss, measured by the difference between book value and selling price, shall be deposited into the fund and available to the department for the purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network. Any remaining revenue from the sale or other disposition of fixed assets procured under the authority of this chapter shall be returned to the General Fund once all obligations of the department are satisfied after the closure of the fund. While any obligation of the department incurred under this chapter remains outstanding and not fully performed or discharged, the rights, powers, duties, and existence of the department shall not be diminished or impaired in any manner that will adversely affect the interests and rights of the holders of or parties to those obligations. (Added by Stats. 2023, Ch. 45, Sec. 18. (AB 127) Effective July 10, 2023.)
  154. 11549.63.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.9. Generative Artificial Intelligence Tools [11549.63 - 11549.66] ( Chapter 5.9 added by Stats. 2024, Ch. 928, Sec. 2. )

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    This section states legislative findings about the benefits and risks of AI and generative AI, especially for state use, privacy, transparency, equity, and civil liberties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.9. Generative Artificial Intelligence Tools [11549.63 - 11549.66] ( Chapter 5.9 added by Stats. 2024, Ch. 928, Sec. 2. ) ## 11549.63. The Legislature finds and declares all of the following: (a) The Legislature recognizes the tremendous potential of artificial intelligence (AI) to improve the lives of its citizens and the functioning of government. However, the Legislature also recognizes that the use of AI must be guided by principles of fairness, transparency, privacy, and accountability to ensure that the rights and opportunities of all Californians are protected in the age of artificial intelligence. (b) The Legislature further recognizes that generative artificial intelligence (GenAI) enables significant, beneficial uses through its unique capabilities, but GenAI raises novel risks compared to conventional AI across critical areas, including democratic and legal processes, biases and equity, public health and safety, and the economy, and requires measures to address insufficiently guarded governmental systems and unintended or emergent harmful effects from this technology. Additionally, because humans have explicit and implicit biases built into our society, GenAI has the capacity to amplify these biases as it learns from input data. Therefore, it is imperative to consider the implications on Californians of, among other categories, different regions, income, races, ethnicities, gender, ages, religions, abilities, and sexual orientation for all GenAI inputs, outputs, and products for both prioritizing implementations that may promote equity and guarding against bias and other negative impacts. (c) No individual or group should be discriminated against on the basis of race, gender, age, religion, sexual orientation, or any other protected characteristic in the design, development, deployment, or use of AI systems. The unprecedented speed of innovation and deployment of GenAI technologies necessitates proactive guardrails to protect against potential risks or malicious uses, including, but not limited to, bioterrorism, cyberattacks, disinformation, deception, violation of privacy, and discrimination or bias. (d) The Legislature affirms the importance of transparency in the use of GenAI systems. The public has the right to know when they are interacting with GenAI being used by the state and to have an accessible identification of that interaction. (e) The Legislature recognizes that the use of GenAI systems must be consistent with the protection of privacy and civil liberties and must be guided by a commitment to equity and social justice. It is the intent of the Legislature in enacting this legislation that all GenAI systems be designed and deployed in a manner that is consistent with state and federal laws and regulations regarding privacy and civil liberties and minimizes bias and promotes equitable outcomes for all Californians. (f) This act, in addition to the 2022 White House Blueprint for an AI Bill of Rights, executive guidance from the governor, statutory or regulatory requirements, and evolving best practices should guide the decisionmaking of state agencies, departments, and subdivisions in the review, adoption, management, governance, and regulations of automated decisionmaking technologies. (g) Public-private cross-sectional partnerships should be established to train students to meet the GenAI workforce development needs of the state, including providing instruction on AI and related ethical, privacy, and security considerations while advancing research on best practices. Further, there is the need for the state to recruit, retain, and train GenAI professionals in certain state jobs, and agencies should collaborate to facilitate a pipeline and infrastructure to accomplish that goal. (h) State agencies, departments, and boards should utilize their authority to protect consumers, patients, passengers, and students from fraud, discrimination, and threats to privacy and to address other risks that may arise from the use of GenAI, including risks to financial stability. State agencies, departments, and boards should consider rulemaking and emphasize or clarify if existing regulations and guidance apply to GenAI or other automated decisionmaking systems. (Added by Stats. 2024, Ch. 928, Sec. 2. (SB 896) Effective January 1, 2025.)
  155. 11549.64.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.9. Generative Artificial Intelligence Tools [11549.63 - 11549.66] ( Chapter 5.9 added by Stats. 2024, Ch. 928, Sec. 2. )

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    This section defines several terms used in the chapter, including artificial intelligence, generative artificial intelligence (GenAI), person, and report.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.9. Generative Artificial Intelligence Tools [11549.63 - 11549.66] ( Chapter 5.9 added by Stats. 2024, Ch. 928, Sec. 2. ) ## 11549.64. As used in this chapter: (a) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) “Generative artificial intelligence” or “GenAI” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data. (c) “Person” means a natural person. (d) “Report” means the report to the Governor required by Executive Order No. N-12-23. (Added by Stats. 2024, Ch. 928, Sec. 2. (SB 896) Effective January 1, 2025.)
  156. 11549.65.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.9. Generative Artificial Intelligence Tools [11549.63 - 11549.66] ( Chapter 5.9 added by Stats. 2024, Ch. 928, Sec. 2. )

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    State agencies must consider GenAI-related report updates, risk analysis, procurement uses, and legal impacts, with annual reporting of one risk analysis summary to the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.9. Generative Artificial Intelligence Tools [11549.63 - 11549.66] ( Chapter 5.9 added by Stats. 2024, Ch. 928, Sec. 2. ) ## 11549.65. (a) The Department of Technology, under the guidance of the Government Operations Agency, the Office of Data and Innovation, and the Department of Human Resources, shall update the report, as needed, to respond to significant developments and shall, as appropriate, consult with academia, industry experts, and organizations that represent state exclusive employee representatives. (b) (1) The Office of Emergency Services shall, as appropriate, perform a risk analysis of potential threats posed by the use of GenAI to California’s critical infrastructure, including those that could lead to mass casualty events. (2) The analysis required by paragraph (1) shall be provided to the Governor, and, if appropriate, shall include recommendations reflecting changes to artificial intelligence technology, its applications, and risk management, including further private actions, administrative actions, and collaboration with the Legislature to guard against potential threats and vulnerabilities. (3) A high-level summary of the analysis required by paragraph (1) shall be submitted annually to the Legislature. (c) Any state agency or department shall consider procurement and enterprise use opportunities in which GenAI can improve the efficiency, effectiveness, accessibility, and equity of government operations consistent with the Government Operations Agency, the Department of General Services, and the Department of Technology’s policies for public sector GenAI procurement. (d) Legal counsel for any state agency or department shall consider any potential impact of GenAI on regulatory issues under the respective agency’s or department’s authority and recommend necessary updates, if appropriate, as a result of this evolving technology. (Added by Stats. 2024, Ch. 928, Sec. 2. (SB 896) Effective January 1, 2025.)
  157. 11549.66.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.9. Generative Artificial Intelligence Tools [11549.63 - 11549.66] ( Chapter 5.9 added by Stats. 2024, Ch. 928, Sec. 2. )

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    State agencies or departments using GenAI to directly communicate with people about services or benefits must make sure those communications say they were generated by GenAI and tell people how to contact a human employee.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.9. Generative Artificial Intelligence Tools [11549.63 - 11549.66] ( Chapter 5.9 added by Stats. 2024, Ch. 928, Sec. 2. ) ## 11549.66. A state agency or department that utilizes GenAI to directly communicate with a person regarding government services and benefits shall ensure that those communications include both of the following: (a) A disclaimer that indicates to the person that the communication was generated by GenAI. (1) For written communications involving physical and digital media, including letters, email, and other occasional messages, the disclaimer shall appear prominently at the start of each communication. (2) For written communications involving continuous online interactions, including interactions with chatbots, the disclaimer shall be prominently displayed throughout the interaction. (3) For audio communications, the disclaimer shall be provided verbally at the start and end of the interaction. (4) For video communications, the disclaimer shall be prominently displayed throughout the interaction. (b) Information, or a link to an internet website containing information, describing how the person may contact a human employee of the state agency or department. (Added by Stats. 2024, Ch. 928, Sec. 2. (SB 896) Effective January 1, 2025.)
  158. 11549.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.7. Office of Information Security and Office of Privacy Protection [11549 - 11549.10] ( Heading of Chapter 5.7 amended by Stats. 2010, Ch. 404, Sec. 24. ) ## ARTICLE 2. Office of Privacy Protection [11549.5 - 11549.10] ( Article 2 heading added by Stats. 2010, Ch. 404, Sec. 30. )

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    The director of the Office of Privacy Protection must report to the Secretary of State and Consumer Services and lead the office in carrying out its mission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.7. Office of Information Security and Office of Privacy Protection [11549 - 11549.10] ( Heading of Chapter 5.7 amended by Stats. 2010, Ch. 404, Sec. 24. ) ## ARTICLE 2. Office of Privacy Protection [11549.5 - 11549.10] ( Article 2 heading added by Stats. 2010, Ch. 404, Sec. 30. ) ## 11549.7. The Office of Privacy Protection shall be under the direction of a director who shall report to the Secretary of State and Consumer Services and lead the Office of Privacy Protection in carrying out its mission. (Added by Stats. 2010, Ch. 404, Sec. 33. (AB 2408) Effective January 1, 2011.)
  159. 11549.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.7. Office of Information Security and Office of Privacy Protection [11549 - 11549.10] ( Heading of Chapter 5.7 amended by Stats. 2010, Ch. 404, Sec. 24. ) ## ARTICLE 2. Office of Privacy Protection [11549.5 - 11549.10] ( Article 2 heading added by Stats. 2010, Ch. 404, Sec. 30. )

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    This section defines “Director” and “Office” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 5.7. Office of Information Security and Office of Privacy Protection [11549 - 11549.10] ( Heading of Chapter 5.7 amended by Stats. 2010, Ch. 404, Sec. 24. ) ## ARTICLE 2. Office of Privacy Protection [11549.5 - 11549.10] ( Article 2 heading added by Stats. 2010, Ch. 404, Sec. 30. ) ## 11549.8. As used in this article, the following terms have the following meanings: (a) “Director” means the Director of the Office of Privacy Protection. (b) “Office” means the Office of Privacy Protection. (Added by Stats. 2010, Ch. 404, Sec. 34. (AB 2408) Effective January 1, 2011.)
  160. 11552.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. )

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    This section sets a $85,402 annual salary for each listed state position and says that amount must rise in years when state employees get a general salary increase, but only up to the same percentage.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. ) ## 11552. (a) Effective January 1, 1988, an annual salary of eighty-five thousand four hundred two dollars ($85,402) shall be paid to each of the following: (1) Commissioner of Financial Protection and Innovation. (2) Director of Transportation. (3) Real Estate Commissioner. (4) Director of Social Services. (5) Director of Water Resources. (6) Director of General Services. (7) Director of Motor Vehicles. (8) Executive Officer of the Franchise Tax Board. (9) Director of Employment Development. (10) Director of Alcoholic Beverage Control. (11) Director of Housing and Community Development. (12) Director of Alcohol and Drug Programs. (13) Director of Statewide Health Planning and Development. (14) Director of the Department of Human Resources. (15) Director of Health Care Services. (16) Director of State Hospitals. (17) Director of Developmental Services. (18) State Public Defender. (19) Director of the California State Lottery. (20) Director of Fish and Wildlife. (21) Director of Parks and Recreation. (22) Director of Rehabilitation. (23) Director of the Office of Administrative Law. (24) Director of Consumer Affairs. (25) Director of Forestry and Fire Protection. (26) The Inspector General pursuant to Section 6125 of the Penal Code. (27) Director of Child Support Services. (28) Director of Industrial Relations. (29) Director of Toxic Substances Control. (30) Director of Pesticide Regulation. (31) Director of Managed Health Care. (32) Director of Environmental Health Hazard Assessment. (33) Director of California Bay-Delta Authority. (34) Director of California Conservation Corps. (35) Director of Technology. (36) Director of Emergency Services. (37) Director of the Office of Energy Infrastructure Safety. (38) Director of Cannabis Control. (b) The annual compensation provided by this section shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general salary increases provided for state employees during that fiscal year. (Amended by Stats. 2022, Ch. 56, Sec. 11. (AB 195) Effective June 30, 2022.)
  161. 11553.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. )

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    This section sets salaries for listed California board and commission positions and gives specified annual increases, including an extra 5% for the State Energy Resources Conservation and Development Commission chairperson in certain fiscal years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. ) ## 11553. (a) Effective January 1, 1988, an annual salary of eighty-one thousand six hundred thirty-five dollars ($81,635) shall be paid to each of the following: (1) Chairperson of the California Unemployment Insurance Appeals Board. (2) Chairperson of the Agricultural Labor Relations Board. (3) Chairperson of the Fair Political Practices Commission. (4) Chairperson of the State Energy Resources Conservation and Development Commission. (5) Chairperson of the Public Employment Relations Board. (6) Chairperson of the Workers’ Compensation Appeals Board. (7) Administrative Director of the Division of Industrial Accidents. (8) Chairperson of the State Water Resources Control Board. (9) Chairperson of the Cannabis Control Appeals Panel. (b) (1) The annual compensation provided by this section shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general salary increases provided for state employees during that fiscal year. (2) In addition to the annual increase provided in paragraph (1), the chairperson of the State Energy Resources Conservation and Development Commission shall receive an annual salary increase of 5 percent in each of the 2025–26, 2026–27, and 2027–28 fiscal years. (c) Notwithstanding subdivision (b), any salary increase pursuant to paragraph (1) of subdivision (b) is subject to Section 11565.5. (d) This section shall be operative on July 1, 2019. (Amended by Stats. 2025, Ch. 15, Sec. 1. (SB 127) Effective June 27, 2025.)
  162. 11553.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. )

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    This section sets salaries for specified state board and commission members and provides for later increases tied to state employee salary increases, plus extra 5% increases for two commissions in listed fiscal years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. ) ## 11553.5. (a) Effective January 1, 1988, an annual salary of seventy-nine thousand one hundred twenty-two dollars ($79,122) shall be paid to the following: (1) Member of the Agricultural Labor Relations Board. (2) Member of the State Energy Resources Conservation and Development Commission. (3) Member of the Public Utilities Commission. (4) Member of the Public Employment Relations Board. (5) Member of the Unemployment Insurance Appeals Board. (6) Member of the Workers’ Compensation Appeals Board. (7) Member of the State Water Resources Control Board. (8) Member of the Cannabis Control Appeals Panel. (b) (1) The annual compensation provided by this section shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general cost-of-living salary increases provided for state employees during that fiscal year. (2) In addition to the annual increase provided in paragraph (1), the members of the Public Utilities Commission shall receive an annual salary increase of 5 percent in each of the 2021–22, 2022–23, and 2023–24 fiscal years. (3) In addition to the annual increase provided in paragraph (1), the members of the State Energy Resources Conservation and Development Commission shall receive an annual salary increase of 5 percent in each of the 2023–24, 2024–25, and 2025–26 fiscal years. (c) Notwithstanding subdivision (b), any salary increase pursuant to paragraph (1) of subdivision (b) is subject to Section 11565.5. (Amended by Stats. 2023, Ch. 52, Sec. 1. (SB 123) Effective July 10, 2023.)
  163. 11554.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. )

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    This section sets the listed state officials’ annual salary at $75,354 starting January 1, 1988, and ties future increases to general salary increases for state employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. ) ## 11554. (a) Effective January 1, 1988, an annual salary of seventy-five thousand three hundred fifty-four dollars ($75,354) shall be paid to each of the following: (1) Director of Conservation. (2) Director of Community Services and Development. (3) State Architect. (4) Director of Fair Employment and Housing. (5) Director of the California Department of Aging. (6) State Fire Marshal. (7) Director of Boating and Waterways. (b) The annual compensation provided by this section shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general salary increases provided for state employees during that fiscal year. (Amended by Stats. 2008, Ch. 372, Sec. 50. Effective January 1, 2009.)
  164. 11554.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. )

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    The State Public Health Officer is paid an annual salary of $222,000 starting July 1, 2007, and future increases must track state employee general salary increases without exceeding them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. ) ## 11554.5. Effective July 1, 2007, an annual salary of two hundred twenty-two thousand dollars ($222,000) shall be paid to the State Public Health Officer. The annual compensation provided by this section shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general salary increases provided for state employees during that fiscal year. (Added by Stats. 2006, Ch. 241, Sec. 5. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  165. 11555.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. )

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    This section sets a specified annual salary for listed board chairpersons and provides that the compensation must rise in line with general state employee salary increases, subject to Section 19825.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. ) ## 11555. (a) Effective January 1, 1988, an annual salary of seventy-one thousand five hundred eighty-seven dollars ($71,587) shall be paid to the following: (1) Chairperson of the Board of Parole Hearings. (2) Chairperson of the Occupational Safety and Health Appeals Board. (3) Chairperson of the Board of Juvenile Hearings. (b) The annual compensation provided by this section shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general salary increases provided for state employees during that fiscal year. (c) Notwithstanding subdivision (b), any salary increase is subject to Section 19825.5. (Amended by Stats. 2016, Ch. 33, Sec. 5. (SB 843) Effective June 27, 2016.)
  166. 11556.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. )

    Verify source ↗

    This section sets a $69,076 annual salary for three listed state positions, starting January 1, 1988.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. ) ## 11556. (a) Effective January 1, 1988, an annual salary of sixty-nine thousand seventy-six dollars ($69,076) shall be paid to each of the following: (1) Commissioner of the Board of Parole Hearings. (2) Member of the Occupational Safety and Health Appeals Board. (3) Commissioner of the Board of Juvenile Hearings. (b) The annual compensation provided by this section shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general salary increases provided for state employees during that fiscal year. (c) Notwithstanding subdivision (b), any salary increase is subject to Section 19825.5. (Amended by Stats. 2016, Ch. 33, Sec. 6. (SB 843) Effective June 27, 2016.)
  167. 1156.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Eligible employees in a flexible benefits program may choose qualifying benefits instead of part of their salary, but they must provide proof of basic health coverage and agree to stay covered while participating.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1156. (a) Any eligible employee who is participating in a flexible benefits program may elect to receive one or more benefits that qualify to be excluded from gross income in lieu of a portion of his or her salary. (b) For purposes of this section, an “eligible employee” means any of the following: (1) An employee excluded from the definition of “state employee” in Section 3513. (2) A “managerial employee” as defined in Section 3513. (3) A “confidential employee” as defined in Section 3513 and Section 3562. (4) A “supervisory employee” as defined in Section 3580.3. (5) An officer or employee of the State of California in the executive or judicial branch of government who is not a state civil service employee pursuant to Part 2 (commencing with Section 18500) of Division 5 of Title 2. (6) A “state employee,” as defined by Section 3513 or employed by the state as provided for in Article VI of the Constitution. (c) Any eligible employee participating in the flexible benefits program shall be subject to federal laws and implementing regulations of the Department of Human Resources which affects the flexible benefit program throughout the period of the employee’s enrollment. (d) Unless the trustee or the administrator of the state’s flexible benefit program is the Controller or another state officer, that program shall be administered in compliance with the federal Employee Retirement Income Security Act of 1974 (ERISA: 29 U.S.C. Sec. 1001 et seq.). (e) As a condition of participating in a flexible benefits program, each eligible employee shall provide evidence, in a manner satisfactory to the Department of Human Resources, that the employee is covered by a basic health benefits plan, and his or her agreement to remain covered for the period of participation in the flexible benefits plan. (f) There is in the State Treasury the Flexelect Benefit Fund which, notwithstanding Section 13340, is continuously appropriated without regard to fiscal years to the Department of Human Resources for expenditure to implement the flexible benefits program and to pay the related administrative costs. The fund shall consist of the amounts received from state employee compensation excluded from gross income and transmitted to the Flexelect Benefit Fund, income of whatever nature earned on the money in the Flexelect Benefit Fund during any fiscal year and credited to the fund, and amounts appropriated therefor in the annual Budget Act and other statutes. (g) On or after July 1, 1990, any funds remaining in the State Employees’ Dependent Care Assistance and Health Care Assistance Fund shall be transmitted into the account in the Flexelect Benefit Fund for the administrative expenses of the Controller’s office to pay the related administrative costs. (Amended by Stats. 2012, Ch. 665, Sec. 33. (SB 1308) Effective January 1, 2013.)
  168. 1156.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Eligible employees may choose to join the State Employees’ Pretax Parking Payroll Deduction Program, which is run by the Department of Human Resources.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1156.1. (a) Any eligible employee may elect to participate in the State Employees’ Pretax Parking Payroll Deduction Program. The program shall be administered by the Department of Human Resources. An amount equivalent to the value of the parking, to the extent permitted by Internal Revenue Code Section 132, shall be excluded from the gross income of the employee, in lieu of a portion of the employee’s compensation, and shall be transmitted to the State Employees’ Pretax Parking Fund. Each eligible employee electing to participate in the program, for the period that he or she is enrolled as a participant in the program, shall be subject to the applicable federal law and regulations and related state administrative regulations adopted by the Department of Human Resources. (b) For purposes of this section, an “eligible employee” means any of the following: (1) A “state employee,” as defined in Section 3513. (2) An “excluded employee,” as defined in Section 3527. (3) An officer or employee of the State of California in the executive branch of government who is not a state civil service employee pursuant to Part 2 (commencing with Section 18500) of Division 5 of Title 2. (c) There is in the State Treasury the State Employees’ Pretax Parking Fund which, notwithstanding Section 13340, is continuously appropriated without regard to fiscal years to the Department of Human Resources for expenditure to implement the State Employees’ Pretax Parking Payroll Deduction Program. The fund shall consist of the amounts received from employee compensation excluded from gross income and transmitted to the State Employees’ Pretax Parking Fund pursuant to subdivision (a). (Amended by Stats. 2012, Ch. 665, Sec. 34. (SB 1308) Effective January 1, 2013.)
  169. 11561.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. )

    Verify source ↗

    Each member of the Alcoholic Beverage Control Appeals Board must be paid an annual salary of $25,500.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. ) ## 11561. An annual salary of twenty-five thousand five hundred dollars ($25,500) shall be paid to each member of the Alcoholic Beverage Control Appeals Board. (Added by Stats. 1988, Ch. 1335, Sec. 3.)
  170. 11563.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. )

    Verify source ↗

    Each member of the State Personnel Board must be paid an annual salary of $25,118, and later salary increases must track any general salary increase for state employees without exceeding that percentage.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. ) ## 11563.7. (a) Effective January 1, 1988, an annual salary of twenty-five thousand one hundred eighteen dollars ($25,118) shall be paid to each member of the State Personnel Board. (b) The annual compensation provided by this section shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general salary increases provided for state employees during that fiscal year. (c) Notwithstanding subdivision (b), any salary increase is subject to Section 11565.5. (Amended by Stats. 2007, Ch. 142, Sec. 15. Effective January 1, 2008.)
  171. 11564.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. )

    Verify source ↗

    Specified board members receive an annual salary of $25,118 if they devote at least 60 hours per month to board work; the salary is reduced if they work fewer hours.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. ) ## 11564. (a) Effective January 1, 1988, an annual salary of twenty-five thousand one hundred eighteen dollars ($25,118) shall be paid to each member of the State Air Resources Board and the Central Valley Flood Protection Board, if each member devotes a minimum of 60 hours per month to state board work. The salary shall be reduced proportionately if less than 60 hours per month is devoted to state board work. (b) The annual compensation provided by this section shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general salary increases provided for state employees during that fiscal year. (c) Notwithstanding subdivision (b), any salary increase is subject to Section 11565.5. (Amended by Stats. 2007, Ch. 366, Sec. 2. Effective January 1, 2008.)
  172. 11564.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. )

    Verify source ↗

    A qualifying board, commission, committee, or similar body must set the per diem rate at $100 per day unless a higher rate is provided by statute.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 1. Salaries of Specified Positions [11550 - 11564.5] ( Article 1 repealed and added by Stats. 1969, Ch. 1599. ) ## 11564.5. Notwithstanding any other provision of law, whenever a member of a board, commission, committee, or similarly constituted body created by executive order or statute, is authorized to receive a per diem salary or allowance in excess of expenses incurred by the member, that rate shall be established at one hundred dollars ($100) per day unless a higher rate is provided by statute. This section shall not apply to those boards or commissions provided an annual salary in this chapter, nor to the board specified in Section 1150 of the Harbors and Navigation Code. (Added by Stats. 1986, Ch. 462, Sec. 1.)
  173. 11565.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 2. Application of Salary Provisions [11565 - 11569] ( Article 2 added by Stats. 1951, Ch. 1613. )

    Verify source ↗

    If the Article 1 salary for a position is higher than what the incumbent is already earning when the chapter takes effect, the incumbent must receive the higher amount starting on the first day of the next month.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 2. Application of Salary Provisions [11565 - 11569] ( Article 2 added by Stats. 1951, Ch. 1613. ) ## 11565. If the salary specified in Article 1 (commencing with Section 11550) for any particular position is greater than the salary which the incumbent is receiving on the date when this chapter takes effect, he or she shall receive the higher amount from and after the first day of the month immediately following such effective date. (Amended by Stats. 1984, Ch. 144, Sec. 100.)
  174. 11565.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 2. Application of Salary Provisions [11565 - 11569] ( Article 2 added by Stats. 1951, Ch. 1613. )

    Verify source ↗

    For certain nonelected state board and commission members, compensation does not automatically rise, but it may be increased when state civil service salaries increase.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 2. Application of Salary Provisions [11565 - 11569] ( Article 2 added by Stats. 1951, Ch. 1613. ) ## 11565.5. Notwithstanding Sections 11553, 11553.5, 11563.7, and 11564, with respect to any salary increase made after January 1, 1997, for nonelected members of state boards and commissions specified in Sections 11553, 11553.5, 11563.7, and 11564, the annual compensation provided by these sections shall not automatically increase but may be increased in any fiscal year in which there is a general increase in the salary ranges and rates for state civil service classifications. The amount of the increase, as determined by the Department of Human Resources and subject to the appropriation of funds by the Legislature in the annual Budget Act, shall not exceed the percentage of the general increase in the salary rates and ranges for classifications provided during that fiscal year for state employees designated as managerial. (Amended by Stats. 2015, Ch. 323, Sec. 3. (SB 102) Effective September 22, 2015.)
  175. 11566.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 2. Application of Salary Provisions [11565 - 11569] ( Article 2 added by Stats. 1951, Ch. 1613. )

    Verify source ↗

    If Article 1 would pay less than the incumbent is already receiving when this chapter takes effect, the incumbent keeps the higher salary until a new appointment is made.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 2. Application of Salary Provisions [11565 - 11569] ( Article 2 added by Stats. 1951, Ch. 1613. ) ## 11566. If the salary specified in Article 1 (commencing with Section 11550) for any particular position is less than the salary which the incumbent is receiving on the date when this chapter takes effect, he or she shall continue to receive the higher amount and the provisions of Article 1 (commencing with Section 11550) shall not become operative until a new appointment is made for the position. (Amended by Stats. 1984, Ch. 144, Sec. 101.)
  176. 11567.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 2. Application of Salary Provisions [11565 - 11569] ( Article 2 added by Stats. 1951, Ch. 1613. )

    Verify source ↗

    If a constitutional rule blocks a salary increase during an officeholder’s term, the increase takes effect at the start of the next term.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 2. Application of Salary Provisions [11565 - 11569] ( Article 2 added by Stats. 1951, Ch. 1613. ) ## 11567. If any constitutional provision prevents an increase in the salary during the term of office of a position for which an increase is provided by this chapter, such increase shall become operative with the commencement of the next succeeding term of office of such position. (Added by Stats. 1951, Ch. 1613.)
  177. 11568.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 2. Application of Salary Provisions [11565 - 11569] ( Article 2 added by Stats. 1951, Ch. 1613. )

    Verify source ↗

    Later legislation may not supersede or modify this chapter unless it does so expressly.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 2. Application of Salary Provisions [11565 - 11569] ( Article 2 added by Stats. 1951, Ch. 1613. ) ## 11568. The provisions of this chapter shall not be superseded or modified by any subsequent legislation except to the extent that such legislation shall do so expressly. (Added by Stats. 1951, Ch. 1613.)
  178. 11569.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 2. Application of Salary Provisions [11565 - 11569] ( Article 2 added by Stats. 1951, Ch. 1613. )

    Verify source ↗

    If the Legislature adds funds for statutory officer salaries in a fiscal year, each covered salary increases by the same percentage; the Governor may set certain appointed staff salaries within a capped amount.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 6. Statutory Salary Equalization Plan [11550 - 11569] ( Chapter 6 added by Stats. 1951, Ch. 1613. ) ## ARTICLE 2. Application of Salary Provisions [11565 - 11569] ( Article 2 added by Stats. 1951, Ch. 1613. ) ## 11569. Notwithstanding the foregoing provisions of this chapter or of any statute specifying the salary to be paid to any state officer, in any fiscal year for which the Legislature appropriates additional funds to augment the salaries paid to state officers whose salaries are specified by statute, each such statutory salary for that fiscal year shall be the amount so specified plus an amount which constitutes an equal percentage increase for each officer. No such increase shall be paid to any officer whose salary is subject to Section 68203 of the Government Code. If any constitutional provision prevents an increase during the term of office of a position, the increase shall not become operative as to that position before the commencement of the next succeeding term of office, as provided in Section 11567. The secretaries and other personnel of the Governor appointed pursuant to Section 12001 shall be regarded as state officers for purposes of determining the salaries of state officers pursuant to this section and the Governor may fix the salary of each person at an amount not to exceed the maximum for such position set forth in Section 12001 plus a percentage equal to the increase authorized for statutory salaries under this section. (Amended by Stats. 2007, Ch. 142, Sec. 18. Effective January 1, 2008.)
  179. 1157.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Public agency officers and employees may authorize payroll deductions for certain insurance premiums and related dues or subscription charges, subject to listed conditions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1157. (a) Officers and employees of a public agency, other than those under the uniform payroll system provided for in Article 5 (commencing with Section 12470) of Chapter 5 of Part 2 of Division 3 of Title 2, may authorize the governing body of the public agency to make deductions from their salaries or wages for the payment of premiums on life, accident, health, disability, legal expense, or automobile liability insurance, or on any two or more, under a system of insurance approved by or adopted and carried into effect by the governing body, or for the payment of premiums on National Service Life Insurance or United States Government Converted Insurance. Officers and employees of the public agency may authorize the governing body of the public agency to make deductions from their salaries or wages for the payment of dues or subscription charges of nonprofit membership corporations for defraying the cost of medical service (including services rendered by doctors of medicine, doctors of osteopathic medicine, or doctors of chiropractic), or hospital care, or legal services, or, any of them, under system of medical service, or hospital care, or legal services, or, any of them, approved by or adopted and carried into effect by the governing body. (b) The board of supervisors may, by resolution, permit officers and employees of a county to authorize deductions from their salaries or wages for the premiums on long-term care insurance established pursuant to Article 8.8 (commencing with Section 31696.1) of Chapter 3 of Part 3 of Division 4 of Title 3 or pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2 and approved by, or adopted and carried into effect by, the retirement association. Materials offering that long-term care insurance shall specify that the long-term care insurance is approved by, or adopted and carried into effect by, the retirement association and not by the county. (Amended by Stats. 1997, Ch. 491, Sec. 1. Effective January 1, 1998.)
  180. 1157.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Public agency employees may authorize payroll deductions for dues or services for a qualifying bona fide association, but only with governing-body approval and under its provisions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1157.1. Employees of a public agency, on approval of and in accordance with the provisions made by the governing body of the public agency, may authorize deductions to be made from their salaries or wages for the payment of dues in, or for any other services provided by, any bona fide association (a) whose members are comprised exclusively of the employees of such public agency, or (b) whose members are comprised exclusively of the employees of such public agency and one or more other public agencies the payrolls of which are prepared by the same finance officer, or (c) whose members are comprised exclusively of the employees of such public agency or agencies as provided in (a) or (b) above, together with former employees of such public agency or agencies if such former employees (1) were employees of such public agency or agencies at the time of joining such association, and (2) were members of such association at the time of ceasing to be such employees. (Amended by Stats. 1967, Ch. 1624.)
  181. 1157.10.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Public agencies must administer certain payroll deductions for state employees, follow authorization and certification steps, and process changes within the next month.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1157.10. Payroll deductions for state employees of public agencies, other than those under the uniform payroll system, shall be administered by the appropriate officer of the public agency. In administering payroll deductions the officer shall do all of the following: (a) Make, cancel, or change a deduction at the request of the person or organization authorized to receive the deduction. All requests shall be on forms approved by the public agency. (b) Obtain a certification from any state agency, employee organization, or business entity requesting a deduction that they have, and will maintain, an authorization to make the deduction, signed by the individual from whose salary or wages the deduction is to be made. An employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to provide a copy of an individual authorization to the public agency unless a dispute arises about the existence or terms of the authorization. (c) Provide for an agreement from organizations and business entities receiving deductions to relieve the public agency, its officers and employees, of any liability that may result from making, canceling, or changing requested deductions. (d) Determine the cost of performing the requested deduction service and collect that cost from the organization, entity, or individual requesting or authorizing the deduction. Services requested which are incidental, but not necessary, to making the deduction may be performed at the public agency’s discretion, with any additional cost to be paid by the requester. (e) Prior to making a deduction for an employee organization or a bona fide association, determine that the organization or association has been recognized or registered by the appropriate authority. (f) Decline to make deductions for any individual, organization, or entity if the public agency determines that it is not administratively feasible or practical to make the deduction. (g) Make, cancel, or change a deduction not later than the month subsequent to the month in which the request is received, except that a deduction for an employee organization can be revoked only pursuant to the terms of the employee’s written authorization. Employee requests to cancel or change deductions for employee organizations shall be directed to the employee organization, rather than to the public agency. The employee organization shall be responsible for processing these requests. The public agency shall rely on information provided by the employee organization regarding whether deductions for an employee organization were properly canceled or changed, and the employee organization shall indemnify the public agency for any claims made by the employee for deductions made in reliance on that information. All deductions, cancellations, or changes shall be effective when made by the public agency. (Amended by Stats. 2018, Ch. 53, Sec. 9. (SB 866) Effective June 27, 2018.)
  182. 1157.11.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Eligible county officers and employees may authorize salary or wage deductions to buy certain securities, and county officers must process the deductions under county rules.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1157.11. (a) Officers and employees of a county with a population of over 8,000,000, may authorize deductions to be made from their salaries or wages for the purchase of securities issued by any of the following: (1) The county. (2) Any joint powers authority created pursuant to an agreement to which the county is a party entered into pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7. (3) Any public district which is governed by the governing body of the county. (4) Any nonprofit public benefit corporation created by the governing body of the county for the purpose of assisting the county in financing capital projects and equipment purchases, provided the corporation is deemed to be an instrumentality of the county for federal income tax purposes. (b) In each case, the deductions shall be made in accordance with provisions made by the governing body of the county. (c) For purposes of this section, “securities” includes bonds, notes, warrants, lease or installment sale obligations represented by certificates of participation, or other evidences of indebtedness. (d) The auditor, the treasurer, and other disbursing officers of the county are authorized to recognize and act upon the requests for wage or salary deductions and to establish special accounts for each officer or employee so that sufficient funds may be accumulated to the credit of the officer or employee for the purchase of securities as authorized by this section. All funds so accumulated are trust funds. (Added by Stats. 1991, Ch. 1226, Sec. 1.)
  183. 1157.12.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Certain public employers must rely on employee-organization certifications for payroll deduction authorizations and route cancellation/change requests to the organization.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1157.12. Public employers other than the state that provide for the administration of payroll deductions authorized by employees for employee organizations as set forth in Sections 1152 and 1157.3 or pursuant to other public employee labor relations statutes, shall: (a) Rely on a certification from any employee organization requesting a deduction or reduction that they have and will maintain an authorization, signed by the individual from whose salary or wages the deduction or reduction is to be made. An employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to provide a copy of an individual authorization to the public employer unless a dispute arises about the existence or terms of the authorization. The employee organization shall indemnify the public employer for any claims made by the employee for deductions made in reliance on that certification. (b) Direct employee requests to cancel or change deductions for employee organizations to the employee organization, rather than to the public employer. The public employer shall rely on information provided by the employee organization regarding whether deductions for an employee organization were properly canceled or changed, and the employee organization shall indemnify the public employer for any claims made by the employee for deductions made in reliance on that information. Deductions may be revoked only pursuant to the terms of the employee’s written authorization. (Added by Stats. 2018, Ch. 53, Sec. 10. (SB 866) Effective June 27, 2018.)
  184. 1157.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Public agency employees may authorize salary or wage deductions for charitable giving, if the governing body approves and sets regulations.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1157.2. With the approval of the governing body of a public agency and under such regulations as it may prescribe, employees of the public agency may authorize deductions to be made from their salaries or wages either for the payment of contributions to bona fide charitable organizations or for the payment of designated sums to a nonprofit California corporation which is compelled by its by-laws to make, and which does expend such sums solely by the making of, contributions to bona fide charitable organizations. (Added by Stats. 1955, Ch. 1215.)
  185. 1157.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Employees of a public employer may authorize payroll or retirement deductions for dues and related employee-organization services, and the public employer must honor those authorizations.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1157.3. (a) Employees, including retired employees, of a public employer in addition to any other purposes authorized in this article, may also authorize deductions to be made from their salaries, wages, or retirement allowances for the payment of dues in, or for any other service, program, or committee provided or sponsored by, any employee organization or bona fide association whose membership is comprised, in whole or in part, of employees of the public employer and employees of such organization and which has as one of its objectives improvements in the terms or conditions of employment for the advancement of the welfare of the employees. (b) The public employer shall honor employee authorizations for the deductions described in subdivision (a). The revocability of an authorization shall be determined by the terms of the authorization. (Amended by Stats. 2018, Ch. 53, Sec. 8. (SB 866) Effective June 27, 2018.)
  186. 1157.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Some county employees may authorize payroll deductions for dues or services for qualifying employee associations, and an employee may not have deductions for more than two organizations under this section and Section 1157.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1157.4. (a) Employees of a county employing more than 20,000 persons, other than a city and county, may authorize deductions to be made from their salaries or wages for the payment of dues in, or for any other services provided by, any bona fide association (a) whose members are comprised exclusively of the employees of such county, other than a city and county, or (b) whose members are comprised exclusively of the employees of such county, other than a city and county, and one or more other public agencies the payrolls of which are prepared by the same finance officer, or (c) whose members are comprised exclusively of the employees of such county, other than a city and county, or agencies as provided in (a) or (b) above, together with former employees of such county, other than a city and county, or agencies if such former employees (1) were employees of such county, other than a city and county, or other agencies at the time of joining such association, and (2) were members of such association at the time of ceasing to be such employees. In addition to the other requirements of this section, any employee organization for which dues are to be deducted from pay warrants shall have in membership at least 1 percent of the employees of such county, other than a city and county, provided that an employee organization which is formally recognized as the majority representative of employees of such county, other than a city and county, in an established employee representational unit shall qualify as an employee organization for which dues are to be deducted from pay warrants. (b) Notwithstanding subdivision (a), an employee organization which has in membership at least 1 percent of the total number of employees of such county, other than a city and county, on April 30, 1973, and which, on April 30, 1973, was an employee organization for which dues could be deducted from pay warrants, shall not lose such qualification for the reason that such employee organization does not have after April 30, 1973, a membership of at least 1 percent of the total number of employees of such county, other than a city and county. (c) No employee may have deductions for more than a total of two organizations under this section and under Section 1157.5. (Amended by Stats. 1973, Ch. 681.)
  187. 1157.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Certain county employees and retired employees may authorize payroll or retirement deduction payments for dues or other services to a qualifying bona fide organization.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1157.5. Employees, including retired employees, of a county, other than a city and county, employing more than 20,000 persons in addition to any other purposes authorized in this article may also authorize deductions to be made from their salaries, wages, or retirement allowances for the payment of dues in, or for any other service provided by, any bona fide organization whose membership is comprised, in whole or in part, of employees of such county, other than a city and county, and employees of such organization and which has as one of its objectives improvements in the terms or conditions of employment for the advancement of the welfare of such employees. (Added by Stats. 1967, Ch. 1624.)
  188. 1157.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Certain retired public-agency employees and their eligible surviving spouses may authorize deductions from retirement or survivor allowances to pay association dues, if the agency’s governing body approves.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1157.6. Retired employees of a public agency, other than a school district, or eligible surviving spouses of such retired employees, on approval of the governing body of such public agency, in addition to any other purposes authorized in this article, may authorize deductions to be made from their retirement or survivors’ allowances for the payment of dues in any bona fide association whose membership is comprised in whole or in part of retired employees of such public agency in accordance with provisions made by the governing body of the public agency. (Added by Stats. 1974, Ch. 198.)
  189. 1157.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

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    Certain employees of a large public agency may authorize payroll dues deductions for membership in a qualifying ethnic employee organization.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1157.7. Employees of a public agency employing more than 20,000 persons, other than a city and county, may authorize dues deductions for membership in an ethnic employee organization operating within the public agency prior to January 1, 1981, which includes ethnic minority employees and which has as its primary purpose representing those employees in their employment civil rights with the employer. This purpose shall not include meeting and conferring with the public agency concerning matters within the scope of representation pursuant to Chapter 10 (commencing with Section 3500). (Added by Stats. 1981, Ch. 612, Sec. 1.)
  190. 1157.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Public agency officers and employees may authorize payroll deductions for U.S. savings bonds if the agency’s governing body provides for it.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1157.8. Officers and employees of public agencies may authorize deductions to be made from their salaries or wages for the purchase of United States savings bonds in accordance with provision made by the governing body of the public agency. All auditors, treasurers, and other disbursing officers of public agencies are authorized to recognize and act upon these requests for salary or wage deductions and to establish special accounts for each officer or employee so that sufficient funds may be accumulated to the credit of the officer or employee for the purchase of United States savings bonds. All funds so accumulated are trust funds. (Added by Stats. 1982, Ch. 1270, Sec. 16.)
  191. 1157.9.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

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    Public agency officers and employees may authorize wage or salary deductions for certain bank, credit union, and investment-related deposits or purchases.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1157.9. Officers and employees of public agencies may authorize wage and salary deductions for deposit into an account with a state or federal bank or savings and loan association located in this state, or for the purchase of shares in, or the payment of money to, any regularly chartered credit union, or for the purchase of any investment or thrift certificate issued by an industrial loan company licensed by this state. Auditors, treasurers, and other disbursing officers of any public agency other than a state agency are authorized to recognize and act upon these wage or salary assignments. (Added by Stats. 1982, Ch. 1270, Sec. 17.)
  192. 1158.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

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    This section says other laws that prohibit, restrict, or limit wage or salary assignments do not limit the powers granted by this article.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1158. No provision of law prohibiting, restricting or limiting the assignment or order for wages or salaries in any way prohibits, restricts or limits the powers conferred in this article. (Enacted by Stats. 1943, Ch. 134.)
  193. 1159.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. )

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    This section gives specified public employers, the Controller, employee organizations, and their employees or agents a defense against certain state-law claims about agency or fair share fees paid before June 27, 2018, and it bars current or former public employees from pursuing those claims.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6. Salary and Wage Deductions [1150 - 1159] ( Article 6 enacted by Stats. 1943, Ch. 134. ) ## 1159. (a) The Controller, a public employer, an employee organization, or any of their employees or agents, shall not be liable for, and shall have a complete defense to, any claims or actions under the law of this state for requiring, deducting, receiving, or retaining agency or fair share fees from public employees, and current or former public employees shall not have standing to pursue these claims or actions, if the fees were permitted at the time under the laws of this state then in force and paid, through payroll deduction or otherwise, prior to June 27, 2018. (b) This section shall apply to claims and actions pending on its effective date, as well as to claims and actions filed on or after that date. (c) The enactment of this section shall not be interpreted to create the inference that any relief made unavailable by this section would otherwise be available. (d) For purposes of this section: (1) “Employee organization” means any organization that functioned as an exclusive collective bargaining representative for public employees under any statute, ordinance, regulation, or other state or local law, and any labor organization with which it was affiliated. (2) “Public employer” means any public employer, including, but not limited to, the state, the Regents of the University of California, the Trustees of the California State University, the California State University, the Judicial Council, a trial court, a city, a county, a city and county, a school district, a community college district, a transit district, any public authority, public agency, or any other political subdivision or public corporation, or any other entity considered a public employer for purposes of the labor relations statutes of California. (e) The Legislature finds and declares: (1) Application of this section to pending claims and actions clarifies existing state law rather than changes it. Public employees who paid agency or fair share fees as a condition of public employment in accordance with state law and Supreme Court precedent prior to June 27, 2018, had no legitimate expectation of receiving that money under any available cause of action. Public employers and employee organizations who relied on, and abided by, state law and Supreme Court precedent in deducting and accepting those fees were not liable to refund them. Agency or fair share fees paid for collective bargaining representation that employee organizations were obligated by state law to provide to public employees. Application of this section to pending claims will preserve, rather than interfere with, important reliance interests. (2) This section is necessary to provide certainty to public employers and employee organizations that relied on state law, and to avoid disruption of public employee labor relations, after the Supreme Court’s decision in Janus v. American Federation of State, County, and Mun. Employees, Council 31 (2018) 138 S.Ct. 2448. (Added by Stats. 2018, Ch. 405, Sec. 1. (SB 846) Effective September 14, 2018.)
  194. 1170.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6.5. Withholding Tax Deductions [1170 - 1176] ( Article 6.5 added by Stats. 1949, Ch. 83. )

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    In this article, “law” means any federal law relating to internal revenue.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6.5. Withholding Tax Deductions [1170 - 1176] ( Article 6.5 added by Stats. 1949, Ch. 83. ) ## 1170. As used in this article, “law” means any federal law relating to internal revenue. (Added by Stats. 1949, Ch. 83.)
  195. 1170.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6.5. Withholding Tax Deductions [1170 - 1176] ( Article 6.5 added by Stats. 1949, Ch. 83. )

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    For the State, “law” includes certain other states’ withholding-tax laws if the State Controller determines they require withholding from employees who live in California.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6.5. Withholding Tax Deductions [1170 - 1176] ( Article 6.5 added by Stats. 1949, Ch. 83. ) ## 1170.5. In the case of the State, “law” also means the law of any state providing for the withholding of personal income tax from wages or salaries of its residents employed by other states; provided, that the law of that state, in the determination of the State Controller, provides for withholding of personal income taxes from wages or salaries of its employees residing in California. (Added by Stats. 1959, Ch. 1661.)
  196. 1171.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6.5. Withholding Tax Deductions [1170 - 1176] ( Article 6.5 added by Stats. 1949, Ch. 83. )

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    Public agencies may withhold from wages or salaries the amount required by law.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6.5. Withholding Tax Deductions [1170 - 1176] ( Article 6.5 added by Stats. 1949, Ch. 83. ) ## 1171. The State, its agencies and political subdivisions, cities, and all other public agencies may withhold from any wages or salaries paid by them that portion required to be withheld by any law. (Added by Stats. 1949, Ch. 83.)
  197. 1172.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6.5. Withholding Tax Deductions [1170 - 1176] ( Article 6.5 added by Stats. 1949, Ch. 83. )

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    These actors may pay withheld sums according to the law and make the records, reports, and returns required by law or regulation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6.5. Withholding Tax Deductions [1170 - 1176] ( Article 6.5 added by Stats. 1949, Ch. 83. ) ## 1172. They may pay the withheld sums at the times and in the manner provided by the law and make the records, reports, and returns required by the law or the regulations promulgated under it. (Added by Stats. 1949, Ch. 83.)
  198. 1173.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6.5. Withholding Tax Deductions [1170 - 1176] ( Article 6.5 added by Stats. 1949, Ch. 83. )

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    The Department of Finance must tell state agencies how to keep records for withholding funds and must prescribe the forms for returns, reports, or payments, except when the law or regulations already provide forms.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6.5. Withholding Tax Deductions [1170 - 1176] ( Article 6.5 added by Stats. 1949, Ch. 83. ) ## 1173. The Department of Finance shall direct the manner and form in which each state department, board, commission, or other agency maintains the records incidental to withholding funds pursuant to this article. The Department of Finance shall prescribe the forms to be used in making any returns, reports, or payments except where forms are provided by the law or the regulations promulgated under it. (Amended by Stats. 1974, Ch. 1221.)
  199. 1174.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6.5. Withholding Tax Deductions [1170 - 1176] ( Article 6.5 added by Stats. 1949, Ch. 83. )

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    State units must deposit withheld funds in the prescribed depositary immediately, and later withdraw them only in the manner prescribed by the Director of Finance.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6.5. Withholding Tax Deductions [1170 - 1176] ( Article 6.5 added by Stats. 1949, Ch. 83. ) ## 1174. All funds withheld pursuant to this article by any state unit whose funds are deposited in the State Treasury shall, immediately upon such withholding, be deposited in such depositary or depositaries as may be prescribed by the Director of Finance, and shall be withdrawn therefrom in the manner prescribed by him in fulfillment of the purpose for which said funds were deposited. (Amended by Stats. 1974, Ch. 1221.)
  200. 1175.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6.5. Withholding Tax Deductions [1170 - 1176] ( Article 6.5 added by Stats. 1949, Ch. 83. )

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    A county must immediately deposit withheld funds in depositaries prescribed by its board of supervisors, and withdraw them only as that board prescribes for the funds’ intended purpose.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 6.5. Withholding Tax Deductions [1170 - 1176] ( Article 6.5 added by Stats. 1949, Ch. 83. ) ## 1175. All funds withheld by any county pursuant to this article shall, immediately upon such withholding, be deposited in such depositary or depositaries as may be prescribed by the board of supervisors of the county, and shall be withdrawn therefrom in the manner prescribed by such board in fulfillment of the purpose for which said funds were deposited. (Amended by Stats. 1949, Ch. 666.)

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