Title GOV, California Gov. Code

(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 …

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, S…

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…

(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 mat…

(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 a…

(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…

(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 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…

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 Jan…

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 relati…

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. (Adde…

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.)

(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)…

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 …

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 …

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 introductor…

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, b…

(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 …

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…

The Legislature hereby finds and declares that the California Environmental Protection Agency was established to enhance the state’s protection of the environment by, among other things, more effectively coordinating the permit actions of the departments or boards within the agen…

For purposes of this article, “environmental permit” means any permit issued by the Department of Toxic Substances Control for the storage, treatment, handling, or disposal of hazardous waste, as defined in Section 25117 of the Health and Safety Code, or any waste discharge requi…

(a) At the request of an applicant for more than one environmental permit, the Secretary for Environmental Protection may, using existing staff and budgetary resources, convene a permitting team for the project composed of permit writers and other appropriate personnel from the b…

This article does not confer any new or additional authority over the issuance of environmental permits on the California Environmental Protection Agency or diminish in any way the existing authority of any other state or local agency. (Added by Stats. 1992, Ch. 952, Sec. 1. Effe…

Upon being directed by the Controller to sell a residential dwelling pursuant to Section 16201, the department shall sell the residential dwelling in the manner prescribed and in accordance with the procedure established in Chapter 7 (commencing with Section 3201) of Part 5 of Di…

Appeals conferences shall continue to be conducted in the same manner as before the duties, powers, and responsibilities were transferred to the department pursuant to Section 15570.22. (Added by Stats. 2017, Ch. 252, Sec. 3. (AB 131) Effective September 16, 2017.)

Consistent with Section 15570.22, the regulations contained in Article 6 (commencing with Section 5260) of Chapter 2 of Division 2.1 of Title 18 of the California Code of Regulations shall continue in force and shall apply to appeals conferences within the department’s jurisdicti…

A person requesting relief in an appeals conference may thereafter request a hearing before a tax appeals panel in the Office of Tax Appeals if the department denies the request for relief. (Added by Stats. 2017, Ch. 252, Sec. 3. (AB 131) Effective September 16, 2017.)

State-owned motor vehicles shall be used only in the conduct of state business. State business shall include the operation of state-owned vehicles as commute vehicles in a carpool or vanpool program authorized by a state agency, provided that a daily, weekly, or monthly fee is ch…

The department shall prescribe rules and regulations which: (a) Define the use of state-owned motor vehicles which constitutes use in the conduct of state business and distinguish such use from misappropriation for private use; (b) Prescribe the procedure for determining and coll…

The provisions of this chapter shall not apply to the incumbents of elective state offices. (Added by Stats. 1981, Ch. 230, Sec. 55.)

The Department of General Services shall administer the provisions of this chapter and the rules and regulations adopted pursuant thereto; provided, however, that it shall be the duty of the head or governing body of each state agency to carry out and enforce this chapter and sai…

Any violation by a state officer or employee of this chapter or the rules and regulations adopted pursuant thereto shall constitute misuse of state property under Section 19572 of this code. (Added by Stats. 1981, Ch. 230, Sec. 55.)

The department, upon its own initiative, may suspend from state service without pay for a period not exceeding 30 days, any officer or employee of this state exempt from civil service for violating this chapter or the rules and regulations adopted pursuant thereto. Such suspensio…

The provisions of this chapter shall not apply to members of the California Highway Patrol nor to a peace officer defined in subdivision (a) of Section 830.36 of the Penal Code. (Amended by Stats. 1996, Ch. 1154, Sec. 3. Effective September 30, 1996.)

Section 89008 of the Education Code, and not this chapter, shall govern use of state-owned motor vehicles by employees of the California State University. (Added by Stats. 1983, Ch. 1040, Sec. 44.)

Notwithstanding the provisions of Section 24009, at any general or special election, the board of supervisors of general law counties with a population of 170,046 or in excess of 220,000 according to the federal census of 1950, may submit to the electors of the county the questio…

If a majority of the voters voting on the question at such election favor the replacement by the appointive office of county director of finance, the board of supervisors shall appoint the incumbent county auditor as the first director of finance of the county. Thereafter appoint…

The county director of finance shall have all of the powers and duties of the county auditor and the county controller and such other duties as the board of supervisors may prescribe. (Amended by Stats. 1980, Ch. 404.)

For purposes of this chapter, “Proposition 1A receivable” means the right to payment of moneys due or to become due to a local agency pursuant to clause (iii) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 25.5 of Article XIII of the California Constitution an…

(a) (1) Notwithstanding any other law, a local agency may sell Proposition 1A receivables that have not been sold pursuant to subdivision (b) of Section 6588.6 to a special fund of the local agency or another local agency, and enter into one or more sales agreements with the purc…

(a) For purposes of Section 57075, relating to annexations, detachments, and latent powers, in the case of registered voter districts or cities: (1) For inhabited territory, the commission shall take one of the following actions: (A) Terminate proceedings if a majority protest ex…

For purposes of Sections 57077.1, relating to dissolution, 57077.2, relating to consolidation, 57077.3, relating to reorganization, 57077.4, relating to dissolution and annexation, and 57077.5, relating to merger or establishment of a subsidiary district, the following protest th…

For proposals not initiated by the commission and where a subject agency has objected by resolution to the proposal, for purposes of Sections 57077.1, relating to dissolution, 57077.2, relating to consolidation, 57077.3, relating to reorganization, 57077.4, relating to dissolutio…

For purposes of Section 57077.6, relating to proposals initiated by the commission, the following protest thresholds shall apply: (a) In the case of inhabited territory, protests have been signed by either of the following: (1) At least 10 percent of the number of landowners with…

(a) Whenever a provision of this division requires that a tentative map be filed, a vesting tentative map may instead be filed. (b) When a local agency approves or conditionally approves a vesting tentative map, that approval shall confer a vested right to proceed with developmen…

If the ordinances, policies, or standards described in subdivision (b) of Section 66498.1 are changed subsequent to the approval or conditional approval of a vesting tentative map, the subdivider, or his or her assignee, at any time prior to the expiration of the vesting tentativ…