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Article 12. Enforcement Of Orders And Sanctions of California Government Code >> Division 3. >> Title 2. >> Part 1. >> Chapter 4.5. >> Article 12.
A person is subject to the contempt sanction for any of
the following in an adjudicative proceeding before an agency:
(a) Disobedience of or resistance to a lawful order.
(b) Refusal to take the oath or affirmation as a witness or thereafter refusal to be examined.
(c) Obstruction or interruption of the due course of the proceeding during a hearing or near the place of the hearing by any of the following:
(1) Disorderly, contemptuous, or insolent behavior toward the presiding officer while conducting the proceeding.
(2) Breach of the peace, boisterous conduct, or violent disturbance.
(3) Other unlawful interference with the process or proceedings of the agency.
(d) Violation of the prohibition of ex parte communications under Article 7 (commencing with Section 11430.10).
(e) Failure or refusal, without substantial justification, to comply with a deposition order, discovery request, subpoena, or other order of the presiding officer, or moving, without substantial justification, to compel discovery.
(a) Disobedience of or resistance to a lawful order.
(b) Refusal to take the oath or affirmation as a witness or thereafter refusal to be examined.
(c) Obstruction or interruption of the due course of the proceeding during a hearing or near the place of the hearing by any of the following:
(1) Disorderly, contemptuous, or insolent behavior toward the presiding officer while conducting the proceeding.
(2) Breach of the peace, boisterous conduct, or violent disturbance.
(3) Other unlawful interference with the process or proceedings of the agency.
(d) Violation of the prohibition of ex parte communications under Article 7 (commencing with Section 11430.10).
(e) Failure or refusal, without substantial justification, to comply with a deposition order, discovery request, subpoena, or other order of the presiding officer, or moving, without substantial justification, to compel discovery.
(a) The presiding officer or agency head may certify the
facts that justify the contempt sanction against a person to the
superior court in and for the county where the proceeding is
conducted. The court shall thereupon issue an order directing the
person to appear before the court at a specified time and place, and
then and there to show cause why the person should not be punished
for contempt. The order and a copy of the certified statement shall
be served on the person. Upon service of the order and a copy of the
certified statement, the court has jurisdiction of the matter.
(b) The same proceedings shall be had, the same penalties may be imposed, and the person charged may purge the contempt in the same way, as in the case of a person who has committed a contempt in the trial of a civil action before a superior court.
(b) The same proceedings shall be had, the same penalties may be imposed, and the person charged may purge the contempt in the same way, as in the case of a person who has committed a contempt in the trial of a civil action before a superior court.
(a) The presiding officer may order a party, the party's
attorney or other authorized representative, or both, to pay
reasonable expenses, including attorney's fees, incurred by another
party as a result of bad faith actions or tactics that are frivolous
or solely intended to cause unnecessary delay as defined in Section
128.5 of the Code of Civil Procedure.
(b) The order, or denial of an order, is subject to judicial review in the same manner as a decision in the proceeding. The order is enforceable in the same manner as a money judgment or by the contempt sanction.
(b) The order, or denial of an order, is subject to judicial review in the same manner as a decision in the proceeding. The order is enforceable in the same manner as a money judgment or by the contempt sanction.
