SECTIONS 11370-11370.5 - California Statutes

GOVERNMENT CODE

SECTION 11370-11370.5

11370. Chapter 3.5 (commencing with Section 11340), Chapter 4
(commencing with Section 11370), Chapter 4.5 (commencing with Section
11400), and Chapter 5 (commencing with Section 11500) constitute,
and may be cited as, the Administrative Procedure Act.

11370.1. As used in the Administrative Procedure Act "director"
means the executive officer of the Office of Administrative Hearings.

11370.2. (a) There is in the Department of General Services the
Office of Administrative Hearings which is under the direction and
control of an executive officer who shall be known as the director.
(b) The director shall have the same qualifications as
administrative law judges, and shall be appointed by the Governor
subject to the confirmation of the Senate.
(c) Any and all references in any law to the Office of
Administrative Procedure shall be deemed to be the Office of
Administrative Hearings.

11370.3. The director shall appoint and maintain a staff of
full-time, and may appoint pro tempore part-time, administrative law
judges qualified under Section 11502 which is sufficient to fill the
needs of the various state agencies. The director shall also appoint
any other technical and clerical personnel as may be required to
perform the duties of the office. The director shall assign an
administrative law judge for any proceeding arising under Chapter 5
(commencing with Section 11500) and, upon request from any agency,
may assign an administrative law judge to conduct other
administrative proceedings not arising under that chapter and shall
assign hearing reporters as required. Any administrative law judge or
other employee so assigned shall be deemed an employee of the office
and not of the agency to which he or she is assigned. When not
engaged in hearing cases, administrative law judges may be assigned
by the director to perform other duties vested in or required of the
office, including those provided for in Section 11370.5.

11370.4. The total cost to the state of maintaining and operating
the Office of Administrative Hearings shall be determined by, and
collected by the Department of General Services in advance or upon
such other basis as it may determine from the state or other public
agencies for which services are provided by the office.

11370.5. (a) The office is authorized and directed to study the
subject of administrative adjudication in all its aspects; to submit
its suggestions to the various agencies in the interests of fairness,
uniformity and the expedition of business; and to report its
recommendations to the Governor and Legislature. All departments,
agencies, officers, and employees of the state shall give the office
ready access to their records and full information and reasonable
assistance in any matter of research requiring recourse to them or to
data within their knowledge or control. Nothing in this section
authorizes an agency to provide access to records required by statute
to be kept confidential.
(b) The office may adopt rules and regulations to carry out the
functions and duties of the office under the Administrative Procedure
Act. The regulations are subject to Chapter 3.5 (commencing with
Section 11340).