Section 11512 Of Chapter 5. Administrative Adjudication: Formal Hearing From California Government Code >> Division 3. >> Title 2. >> Part 1. >> Chapter 5.
11512
. (a) Every hearing in a contested case shall be presided over
by an administrative law judge. The agency itself shall determine
whether the administrative law judge is to hear the case alone or
whether the agency itself is to hear the case with the administrative
law judge.
(b) When the agency itself hears the case, the administrative law
judge shall preside at the hearing, rule on the admission and
exclusion of evidence, and advise the agency on matters of law; the
agency itself shall exercise all other powers relating to the conduct
of the hearing but may delegate any or all of them to the
administrative law judge. When the administrative law judge alone
hears a case, he or she shall exercise all powers relating to the
conduct of the hearing. A ruling of the administrative law judge
admitting or excluding evidence is subject to review in the same
manner and to the same extent as the administrative law judge's
proposed decision in the proceeding.
(c) An administrative law judge or agency member shall voluntarily
disqualify himself or herself and withdraw from any case in which
there are grounds for disqualification, including disqualification
under Section 11425.40. The parties may waive the disqualification by
a writing that recites the grounds for disqualification. A waiver is
effective only when signed by all parties, accepted by the
administrative law judge or agency member, and included in the
record. Any party may request the disqualification of any
administrative law judge or agency member by filing an affidavit,
prior to the taking of evidence at a hearing, stating with
particularity the grounds upon which it is claimed that the
administrative law judge or agency member is disqualified. Where the
request concerns an agency member, the issue shall be determined by
the other members of the agency. Where the request concerns the
administrative law judge, the issue shall be determined by the agency
itself if the agency itself hears the case with the administrative
law judge, otherwise the issue shall be determined by the
administrative law judge. No agency member shall withdraw voluntarily
or be subject to disqualification if his or her disqualification
would prevent the existence of a quorum qualified to act in the
particular case, except that a substitute qualified to act may be
appointed by the appointing authority.
(d) The proceedings at the hearing shall be reported by a
stenographic reporter. However, upon the consent of all the parties,
the proceedings may be reported electronically.
(e) Whenever, after the agency itself has commenced to hear the
case with an administrative law judge presiding, a quorum no longer
exists, the administrative law judge who is presiding shall complete
the hearing as if sitting alone and shall render a proposed decision
in accordance with subdivision (b) of Section 11517.