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              CALIFORNIA GOVERNMENT CODE
TITLE 2       GOVERNMENT OF THE STATE OF CALIFORNIA 
DIVISION 3    EXECUTIVE DEPARTMENT                                          
PART 1        STATE DEPARTMENTS AND AGENCIES
CHAPTER 4.5   ADMINISTRATIVE ADJUDICATION:  GENERAL PROVISIONS
ARTICLE 2     DEFINITIONS
 11405.50    Decision
   (a) Decision means an agency action of
specific application that determines a legal right, duty,
privilege, immunity, or other legal interest of a particular
person.
   (b) Nothing in this section limits any of the following:
(1) The precedential effect of a decision under Section 11425.60.
(2) The authority of an agency to make a declaratory decision 
pursuant to Article 14 (commencing with Section 11465.10).

1995 California Law Revision Commission Comment.
Section 11405.50 is drawn from 1981 Model State APA 1-102(5).
The definition of decision makes clear that it includes only
legal determinations made by an agency that are of specific applicability
because they are addressed to particular or named persons. 
More than one identified person may be the subject of a decision. 
See Section 13 (singular includes plural). 
Person includes legal entity and governmental subdivision. 
Section 11405.70 (person defined); see also Section 17 (person defined).
A decision includes every agency action that determines any of the
legal rights, duties, privileges, or immunities of a specific, identified individual or individuals. 
This is to be compared to a regulation, which is an agency action of general application, 
applicable to all members of a described class. 
See Section 11342 (regulation defined). 
This section is not intended to expand the types of cases in which an adjudicative
proceeding is required; an adjudicative proceeding under this chapter is
required only where another statute or the constitution requires one.
Section 11410.10 (application to constitutionally and statutorily required
hearings).
Consistent with the definition in this section, rate making and licensing
determinations of specific application, addressed to named or particular
parties such as a certain power company or a certain licensee, are
decisions subject to this chapter. Cf. Federal APA  551(4) (1988)
(defining all rate making as rulemaking). 
On the other hand, rate making and licensing actions of general application, 
addressed to all members of a described class of providers or licensees, are 
regulations under the Administrative Procedure Act. Section 11342 (regulation defined).
However, some decisions may have precedential effect pursuant to
Section 11425.60 (precedent decisions).


              CALIFORNIA GOVERNMENT CODE
TITLE 2       GOVERNMENT OF THE STATE OF CALIFORNIA 
DIVISION 3    EXECUTIVE DEPARTMENT                                          
PART 1        STATE DEPARTMENTS AND AGENCIES
CHAPTER 4.5   ADMINISTRATIVE ADJUDICATION:  GENERAL PROVISIONS
ARTICLE 4     GOVERNING PROCEDURE
 11415.50    When Adjudicative Proceeding Not Required
   (a) An agency may provide any appropriate
procedure for a decision for which an adjudicative proceeding
is not required.
   (b) An adjudicative proceeding is not required for informal
factfinding or an informal investigatory hearing, or a decision
to initiate or not to initiate an investigation, prosecution, or
other proceeding before the agency, another agency, or a
court, whether in response to an application for an agency
decision or otherwise.

1995 California Law Revision Commisssion Comment. 
Subdivision (a) of Section 11415.50 is subject to statutory
specification of the applicable procedure for decisions not governed by
this chapter. See Section 11415.20 (conflicting or inconsistent statute
controls).
Subdivision (b) is drawn in part from 1981 Model State APA  4-101(a).
The provision lists situations in which an agency may issue a
decision without first conducting an adjudicative proceeding.
For example, a law enforcement OFFICER may, 
without first conducting an adjudicative proceeding, 
issue a "ticket" that will lead to a proceeding
before an agency or court.  
Likewise, an AGENCY may commence an adjudicative proceeding without first 
conducting a proceeding to decide whether to issue the pleading. 
Nothing in this subdivision implies that this chapter applies in a proceeding in 
which a hearing is not statutorily or constitutionally required. 
Section 11410.10 (application to constitutionally and statutorily required hearings).


CHAPTER 4.5 ADMINISTRATIVE ADJUDICATION:  GENERAL PROVISIONS
ARTICLE 3   APPLICATION OF CHAPTER
 11410.10  Application to Constitutionally and Statutorily Required Hearings
  This chapter applies to a decision by an agency if, under the federal or state 
Constitution or a federal or state statute, an evidentiary hearing for determination 
of facts is required for formulation and issuance of the decision.

1995 California Law Revision Commission Comment.
Section 11410.10 limits application of this chapter to constitutionally and statutorily
required hearings of state agencies. See Section 11410.20 (application to state). 
The provisions do not govern local agency hearings except to the extent expressly made 
applicable byanother statute. Section 11410.30 (application to local agencies).
Section 11410.10 states the general principle that an agency must
conduct an appropriate adjudicative proceeding before issuing a decision
where a statute or the due process clause of the federal or state
constitutions necessitates an evidentiary hearing for determination of facts. 
Such a hearing is a process in which a neutral decision maker
makes a decision based exclusively on evidence contained in a record
made at the hearing or on matters officially noticed. The hearing must at
least permit a party to introduce evidence, make an argument to the
presiding officer, and rebut opposing evidence.


              CALIFORNIA GOVERNMENT CODE
TITLE 2       GOVERNMENT OF THE STATE OF CALIFORNIA 
DIVISION 3    EXECUTIVE DEPARTMENT                                          
PART 1        STATE DEPARTMENTS AND AGENCIES
CHAPTER 3.5   ADMINISTRATIVE REGULATIONS AND RULEMAKING
ARTICLE 2     RULES AND REGULATIONS
 11342       Definitions
In this chapter, unless otherwise specifically indicated, 
the following definitions apply:
   (a) "Agency" and "state agency" do not include an agency in the
judicial or legislative departments of the state government.
   (g) "Regulation" means every rule, regulation, order, or standard
of GENERAL application or the amendment, supplement, or revision of
any rule, regulation, order, or standard adopted by any state agency
to implement, interpret, or make specific the law enforced or
administered by it, or to govern its procedure, except one that
relates only to the internal management of the state agency.


              CALIFORNIA GOVERNMENT CODE
TITLE 2       GOVERNMENT OF THE STATE OF CALIFORNIA 
DIVISION 3    EXECUTIVE DEPARTMENT                                          
PART 1        STATE DEPARTMENTS AND AGENCIES
CHAPTER 3.5   ADMINISTRATIVE REGULATIONS AND RULEMAKING
ARTICLE 4     The CALIFORNIA ADMINISTRATIVE REGISTER AND CODE
 11344       Code of Regulations
   The office shall do all of the following:
   (d) Ensure that each regulation is printed together with a
reference to the statutory authority pursuant to which it was enacted
and the specific statute or other provision of law which the
regulation is implementing, interpreting, or making specific.


              CALIFORNIA GOVERNMENT CODE
TITLE 2       GOVERNMENT OF THE STATE OF CALIFORNIA 
DIVISION 3    EXECUTIVE DEPARTMENT                                          
PART 1        STATE DEPARTMENTS AND AGENCIES
CHAPTER 5     ADMINISTRATIVE ADJUDICATION:  FORMAL HEARING
 11503       Accusation 
   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.  The accusation shall be
a written statement of charges which 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 his
defense.  It shall specify the statutes and rules which the
respondent is alleged to have violated, but shall not consist merely
of charges phrased in the language of such statutes and rules.  The
accusation shall be verified unless made by a public officer acting
in his 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.



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