SECTIONS 11475-11475.70 - California Statutes

GOVERNMENT CODE

SECTION 11475-11475.70

11475. The rules imposed by this article may be referred to as the
Administrative Adjudication Code of Ethics.

11475.10. (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) A presiding officer to which this article is made applicable
by statute or regulation.
(b) This article shall apply notwithstanding any general statutory
provision that this chapter does not apply to some or all of a state
agency's adjudicative proceedings.

11475.20. 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 law judge or other presiding officer to which this
article applies.

11475.30. 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 judge or other presiding
officer to which this article applies. Related terms, including
"judicial," "judiciary," and "justice," mean comparable concepts in
administrative adjudication.
(d) "Law" includes regulation and precedent decision.

11475.40. 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 introductory paragraph of Canon 5
applies to persons subject to this article notwithstanding Chapter
9.5 (commencing with Section 3201) of Division 4 of Title 1, relating
to political activities of public employees.
(g) Canon 6.

11475.50. 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, by an administrative law judge or other
presiding officer to which this article applies is cause for
discipline by the employing agency pursuant to Section 19572.

11475.60. (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 as reasonably possible
and shall do so in any event within a period of one year after the
article becomes applicable.

11475.70. 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.