Chapter 2. Administration of California Public Utilities Code >> Division 9. >> Part 5. >> Chapter 2.
The department shall administer and enforce the provisions
of this part and may make rules and regulations necessary for its
Nothing in this part shall be construed as requiring any license
for operators of aircraft other than that required by the federal
government, or to permit any registration of aircraft by the state.
The department shall provide for hearings upon request of
any person who may be affected by its orders or acts under the
provisions of this part and may provide for a stay thereof until a
hearing may be had. All hearings held under this part shall be
conducted in accordance with Chapter 5 (commencing with Section
11500), Part 1, Division 3, Title 2 of the Government Code, and the
department shall have all of the powers granted therein.
Any person aggrieved by any rule, regulation, order or act
of the department or by a failure of the department to act hereunder,
may have judicial review thereof as provided in Sections 11440 and
11523 of the Government Code.
The records of and proceedings before the department shall
be inadmissible in evidence and shall not be referred to at the trial
of any civil action or criminal proceeding.
Subject to the foregoing provisions, the department shall, upon
written request, make available to persons whose legal rights may be
affected thereby, information and material developed in the course of
its administration of this part.
(a) The operation of an aircraft on the land or waters of,
or in the air over, this state shall be deemed an appointment by the
owner or operator of the department to be his true and lawful
attorney upon whom may be served all legal process in any action or
proceeding against him, arising from the ownership, maintenance, use
or operation of such aircraft and resulting in damage or loss to
person or property, and said use or operation shall be signification
of their agreement that any such process against him which is so
served, shall be of the same legal force and validity as though
served upon him personally; provided, such person is a nonresident of
this state or at the time a cause of action arises is a resident of
this state but subsequently becomes a nonresident of this state.
(b) Service of such process shall be made by leaving a copy of the
summons and complaint with the department or in its office at
Sacramento, together with a fee of two dollars ($2), and by the
mailing of a copy of such summons and complaint by the plaintiff or
his attorney to the defendant, and to each of the defendants if more
than one at his last known address, within 10 days thereafter by
registered mail. In lieu of such mailing to such defendant in a
foreign state, plaintiff may cause a copy of the summons and
complaint to be served personally in the foreign state upon such
defendant by any adult person not a party to the suit, by actually
delivering the same to such defendant or by offering to make such
delivery in case defendant refuses to accept delivery.
(c) Proof of the service of such process upon the department, and
proof of the mailing or personal delivery thereof to the defendant,
shall be made by the affidavit or affidavits of the party or parties
doing the acts, which shall be filed with the court from out of which
such summons issued, within such time as the court may allow for the
return of such summons. Process shall be deemed to be completed upon
the filing of such affidavit or affidavits and of the original
registry receipt issued by the post office upon the mailing of such
registered letter, if service is obtained by mail.