California Administrative Code

(a) As used in these regulations, the following definitions apply: (1) “ALJ” means an administrative law judge of the Office of Administrative Hearings. (2) “Case” means the administrative action referred by an agency to OAH. (3) “Day” means a calendar day, unless otherwise speci…

(a) As used in these regulations, words in the singular shall include the plural and words in the plural shall include the singular, unless the context otherwise requires. (b) Statutory references are to the Government Code unless otherwise specified. (c) In these regulations, wh…

(a) After a Case has been assigned to a regional office of OAH for Hearing, all papers filed pursuant to any provision of law, regulation, or ALJ order shall be filed at that regional office within applicable time limits. (b) The first page of each paper filed should include the …

(a) Proof of Service of papers shall be a Declaration stating the title of the paper Served or filed, the name and address of the person making the Service, and that he or she is over the age of 18 years and not a party to the matter. (b) Service may be made by leaving the paper …

(a) Prior to submitting electronic documents containing digital signatures to OAL pursuant to section 6.5 or section 100, an agency must provide the following certification by the agency head to OAL in writing: “I, [Name], as head of [Agency name], certify that my digital signatu…

(a) This regulation applies to any ex parte petition or application an agency files with OAH for temporary relief or interim orders specifically authorized by statute or regulation. (b) Absent a showing of good cause, parties shall be given at least 24 hours notice of the specifi…

(a) When a party amends a pleading, the party shall Serve on all other parties and promptly file with OAH a complete, new pleading incorporating the amendments. The new pleading shall be titled a “First Amended” pleading, and subsequent amended pleadings shall be titled consecuti…

(a) Any counsel or other representative who has assumed representation of a party after the agency has referred a Case to OAH shall give written notice to OAH and all other parties of his or her name, address, telephone and fax number (if any) and the name of the represented part…

(a) A party who brings a Motion for consolidated proceedings or separate Hearings pursuant to section 11507.3 shall comply with Regulation 1022. (b) Before an ALJ orders consolidated proceedings or separate Hearings pursuant to section 11507.3, the ALJ shall provide notice to all…

(a) An agency's request to OAH to set a Hearing date shall be in writing and contain the following information: (1) The title of the Case including the identities of the agency and respondent(s); (2) The agency case number and, if known, the OAH number assigned to the Case; (3) T…

(a) Any party or participant in a proceeding before OAH may request security for the proceeding. The request for security shall be made to the Presiding Judge as soon as the need for security is known. (b) The Presiding Judge or the ALJ presiding over the proceeding may determine…

(a) A Case filed with OAH is assigned to the Presiding Judge until reassigned to another ALJ. (b) A Motion to continue a Hearing shall be in writing, directed to the Presiding Judge, and Served on all other parties. (c) Before filing the Motion, the moving party shall make reason…

(a) All Motions made prior to the Hearing shall be directed to the Presiding Judge. Thereafter, Motions shall be directed to the ALJ assigned to the Hearing. (b) A Motion shall be made with written notice to all parties, unless the Motion is made during a Hearing while on the rec…

“Industrial Loan Law” means Division 7 (commencing with Section 18000) of the Financial Code.

(a) Subpoena forms are available from OAH. Subpoenas may also be issued pursuant to section 11450.20(a). (b) A Motion pursuant to section 11450.30 for a protective order, including a Motion to quash, shall be made in compliance with Regulation 1022. The Motion shall be made withi…

(a) After a Case is assigned to OAH, any party may file with OAH and Serve on all parties a request for a prehearing conference. A request for a prehearing conference shall be directed to the Presiding Judge and state the reasons for the conference. If the request is granted, OAH…

An agency may file a written request directed to the Presiding Judge to set a Case for an informal hearing. The request shall explain how the circumstances are appropriate for an informal hearing procedure, pursuant to section 11445.10 et seq. The Presiding Judge may order the Ca…

(a) After a Case is assigned to OAH, any party may file with OAH and Serve on all parties a request for a settlement conference. A request for a settlement conference shall be directed to the Presiding Judge. If the request is granted, OAH shall set the date and time for the conf…

(a) A party seeking an order for closure or other protective order for all or part of a Hearing, including a request to seal the record, pursuant to section 11425.20 shall file a Motion stating in plain language the relief sought and the facts, circumstances, and legal authority …

(a) A party shall give timely notice to OAH and the agency when that party or the party's representative or witness needs any of the following accommodations during a proceeding before OAH: (1) Language assistance, including sign language. (2) Accommodation for a disability. (3) …

(a) Pursuant to section 11425.40(d), a party is entitled to one peremptory challenge (disqualification without cause) of an ALJ assigned to an OAH Hearing. A peremptory challenge is not allowed in proceedings involving petitions or applications for temporary relief or interim ord…

(a) Any person may request a copy of all or a portion of the record, subject to any protective orders or provisions of law prohibiting disclosure. The complete record includes the pleadings, all notices and orders issued by the agency, any proposed decision by an ALJ, the final d…

(a) The ALJ may order a party, a party's 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. (1) “Actions or tactics”…

(a) An agency shall allege in its pleading any request for costs, citing the applicable cost recovery statute or regulation. (b) Except as otherwise provided by law, proof of costs at the Hearing may be made by Declarations that contain specific and sufficient facts to support fi…

When a request is made for expenses pursuant to section 11520(b), the requesting party shall submit a Declaration setting forth, with specificity, the expenses incurred as a result of respondent's failure to appear.

A non-party with an interest in the outcome of the Hearing may, by Motion, request permission to file an Amicus brief. The Motion shall show good cause for allowing the brief, giving consideration to the following factors: (a) Due process of law; (b) Whether matters in the Amicus…

(a) The agency may make an application to OAH to correct a mistake or clerical error, or make minor or technical changes, in a proposed decision by filing a written request addressed to the Presiding Judge. (1) The application must be signed on behalf of the agency that is seekin…

(a) An agency referral of a Case to OAH for rehearing or reconsideration pursuant to sections 11517(c)(2)(D) or 11521(b) shall be filed in the OAH regional office that issued the proposed decision. The referral shall be in writing, directed to the Presiding Judge, and shall conta…

When an agency adopts a regulation which is identical to another statute, regulation, or standard, the “necessity” standard of Government Code Section 11349.1 shall be met if the record demonstrates that the specific provisions adopted in the regulation are mandated by a Californ…

(a) Except as set forth herein, hearings on appeals under Government Code § 11380 are governed by the Administrative Procedure Act, chapters 4, 4.5, and 5 (commencing with Government Code § 11370), Part 1, Division 3, Title 2 of the Government Code. (b) The following definitions …

(a) The form for appeals, titled “Appeal of Business Reports and Forms Under Government Code § 11380,” numbered 11380-1 (revision date 7/97), herein incorporated by reference, is available from the Office or may be taken from the Office of Administrative Hearings Web Site (http:/…

An appeal pursuant to Government Code § 11380 shall be in writing, entitled “Appeal of Business Reports and Forms Under Government Code section 11380”, and contain the following information, without which it will not be accepted for filing: (a) The name, address, phone number of …

(a) Within 15 days of service of an appeal, the state agency named shall submit to the Office and serve upon the Appellant's representative the name, address, and telephone number of the agency's authorized representative for the proceeding. (b) Within 15 days of service of an ap…

Appellant may elect to submit the matter for decision based entirely upon documentary evidence, including declarations. This election may be made on FORM 11380-1 or by calling the Office at least five business days before the hearing.

Hearings shall be held, or documents reviewed, in the Office where Appellant files the appeal.

(a) Hearings conducted under the appeal procedure established under Government Code § 11380 shall be reported in accordance with Government Code § 11512(d). (b) Cost of transcription, or reproduction of any electronic recording, if requested, shall be borne by the party making th…

The ALJ shall issue a decision to grant or deny, in whole or in part, the Appellant's challenge at the conclusion of the hearing whenever possible or within 15 days of submission of the matter for document review. The ALJ may prepare the order or direct a party or parties to subm…

“Law” includes any constitution, statute, ordinance, regulation, judicial or administrative decision, or common law.

The following time deadlines shall be observed: (a) Any petition submitted by a local contracting agency pursuant to Education Code Section 8402 shall be filed with the State Department of Education within 15 days after service of the written notice of action required by Educatio…

(a) Upon receipt of a petition from a local contracting agency submitted pursuant to Education Code Section 8402, the State Department of Education shall have ten (10) days to do all of the following: (1) Request the Office of Administrative Hearings in Sacramento to hold a heari…

Hearings conducted under the appeal procedure authorized by Education Code Section 8402 may be electronically recorded upon the consent of all the parties; otherwise, the proceedings shall be reported by a phonographic reporter. The Office of Administrative Hearings shall arrange…

(a) Upon the request of either party, a hearing on a petition filed by a local contracting agency pursuant to Education Code Section 8402 shall be heard in the Los Angeles office of the Office of Administrative Hearings, provided: (1) the local contracting agency resides within o…

A petition by a local contracting agency requesting a hearing under the provisions of Education Code Section 8402 shall be submitted in writing to the State Department of Education and contain the following information: (a) A clear and concise statement of what action taken by th…

Parties shall at all times keep the Office of Administrative Hearings currently advised as to any change in or substitution of representation or any change in the address or telephone number of its representative.

(a) If the arbitrator determines that a prehearing conference is necessary, OAH shall set the time and place and notify Protestant(s), the Awardee, and Procurement at least 5 working days prior to the prehearing conference. (b) The prehearing conference shall be held to identify …