SECTIONS 11410.10-11410.60 - California Statutes

GOVERNMENT CODE

SECTION 11410.10-11410.60

11410.10. 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.

11410.20. Except as otherwise expressly provided by statute:
(a) This chapter applies to all agencies of the state.
(b) This chapter does not apply to the Legislature, the courts or
judicial branch, or the Governor or office of the Governor.

11410.30. (a) As used in this section, "local agency" means a
county, city, district, public authority, public agency, or other
political subdivision or public corporation in the state other than
the state.
(b) This chapter does not apply to a local agency except to the
extent the provisions are made applicable by statute.
(c) This chapter applies to an agency created or appointed by
joint or concerted action of the state and one or more local
agencies.

11410.40. Notwithstanding any other provision of this article, by
regulation, ordinance, or other appropriate action, an agency may
adopt this chapter or any of its provisions for the formulation and
issuance of a decision, even though the agency or decision is exempt
from application of this chapter.

11410.50. This chapter applies to an adjudicative proceeding
required to be conducted under Chapter 5 (commencing with Section
11500) unless the statutes relating to the proceeding provide
otherwise.

11410.60. (a) As used in this section, "quasi-public entity" means
an entity, other than a governmental agency, whether characterized by
statute as a public corporation, public instrumentality, or
otherwise, that is expressly created by statute for the purpose of
administration of a state function.
(b) This chapter applies to an adjudicative proceeding conducted
by a quasi-public entity if all of the following conditions are
satisfied:
(1) A statute vests the power of decision in the quasi-public
entity.
(2) A statute, the United States Constitution, or the California
Constitution, requires an evidentiary hearing for determination of
facts for formulation and issuance of the decision. Nothing in this
section is intended to create an evidentiary hearing requirement that
is not otherwise statutorily or constitutionally imposed.
(3) The decision is not otherwise subject to administrative review
in an adjudicative proceeding to which this chapter applies.
(c) For the purpose of application of this chapter to a decision
by a quasi-public entity:
(1) "Agency," as defined in Section 11405.30, also includes the
quasi-public entity.
(2) "Regulation" includes a rule promulgated by the quasi-public
entity.
(3) Article 8 (commencing with Section 11435.05), requiring
language assistance in an adjudicative proceeding, applies to a
quasi-public entity to the same extent as a state agency under
Section 11018.
(d) This section shall be strictly construed to effectuate the
intent of the Legislature to apply this chapter only to a decision by
a quasi-public entity that is expressly created by statute for the
purpose of administration of a state function.
(e) This section shall not apply to a decision made on authority
of an approved plan of operations of a quasi-public entity that is
subject to the regulation or supervision of the Insurance
Commissioner.