Administrative Hearing Request Packet

ADMINISTRATIVE HEARING REQUEST PACKET

State of California

Office of Administrative Hearings (OAH) -- Formal Hearing / Contested Case

SECTION 1: OVERVIEW AND LEGAL FRAMEWORK

1.1 Purpose of This Packet

This packet provides the forms and guidance necessary to request a formal administrative hearing before the California Office of Administrative Hearings (OAH). Use this packet when you have received an accusation, statement of issues, or other notice of adverse agency action and wish to contest it by filing a Notice of Defense.

1.2 Governing Law

California administrative hearings under the formal hearing process are governed by the Administrative Procedure Act (APA), Cal. Gov. Code Sections 11500-11529. Additional procedural protections are provided by the Administrative Adjudication Bill of Rights, Gov. Code Sections 11400-11475.70.

Key provisions include:

• Section 11500: Definitions and applicability. The formal hearing chapter applies whenever the law requires an agency hearing to be conducted under Chapter 5.
• Section 11503: Accusation -- the initial pleading by which an agency seeks to revoke, suspend, or otherwise discipline a licensee.
• Section 11504: Statement of Issues -- filed when the hearing concerns whether a right, authority, license, or privilege should be granted, issued, or renewed.
• Section 11505: Service of accusation, including the required enclosures (postcard/form for Notice of Defense, statement to respondent of rights, copy of Chapter 5).
• Section 11506: Notice of Defense -- respondent's written response, which must be filed within 15 days after service of the accusation.
• Section 11507.6: Discovery rights, including depositions and subpoenas.
• Section 11507.7: Exchange of witness lists and exhibit lists.
• Section 11509: Assignment of ALJ by OAH.
• Section 11512: Hearing conduct, evidence, and ALJ authority.
• Section 11517: Decision process, including proposed decision and agency adoption/rejection.
• Section 11523: Judicial review by writ of mandate.

1.3 Centralized Office of Administrative Hearings

California uses a centralized hearing system through OAH, established under Gov. Code Section 11370.2. OAH provides administrative law judges (ALJs) to conduct formal hearings for state agencies. OAH maintains offices in Sacramento, Oakland, Los Angeles, and San Diego.

OAH handles formal hearings for most California state agencies, including but not limited to:

• Department of Consumer Affairs and all boards/bureaus under DCA
• Department of Health Care Services (Medi-Cal/Medicaid)
• Department of Social Services (CalWORKs, CalFresh/SNAP, IHSS)
• Department of Managed Health Care
• Department of Insurance
• Department of Real Estate
• Bureau of Real Estate Appraisers
• Contractors State License Board
• Franchise Tax Board
• Board of Equalization
• Department of Alcoholic Beverage Control
• Commission on Teacher Credentialing
• California Horse Racing Board
• And many others

1.4 Accusation vs. Statement of Issues

California uses two distinct initial pleadings:

1. Accusation (Section 11503): Filed by the agency when it seeks to take disciplinary action against an existing licensee -- revocation, suspension, or limitation of a license. The respondent must file a Notice of Defense within 15 days.

2. Statement of Issues (Section 11504): Filed by the agency when the hearing concerns whether a right, authority, license, or privilege should be granted, issued, or renewed. This is used in application denial cases. The applicant must file a written request for a hearing.

1.5 Administrative Adjudication Bill of Rights

Gov. Code Sections 11400-11475.70 provide additional protections, including:

• Right to an impartial ALJ
• Prohibition of ex parte communications
• Right to a written decision with findings and conclusions
• Language access provisions
• Disability accommodation requirements

SECTION 2: FILING DEADLINE WARNING

CRITICAL DEADLINE: 15 DAYS TO FILE NOTICE OF DEFENSE

Under Gov. Code Section 11506, you must file a Notice of Defense within 15 DAYS after the accusation or statement of issues is personally served on you or mailed to you. Failure to file a timely Notice of Defense constitutes a waiver of your right to a hearing, and the agency may proceed to take action without a hearing.

IF YOU FAIL TO FILE: The agency may proceed without a hearing. However, under Gov. Code Section 11506, the agency in its discretion may nevertheless grant a hearing even if no Notice of Defense is filed. Do not rely on this -- file on time.

Special Service Rules: Under Section 11505, the accusation must be served together with: (1) a postcard or form entitled "Notice of Defense," (2) a statement to respondent identifying rights, and (3) a copy of Chapter 5 of the Government Code. If the agency did not provide these items, the 15-day deadline may not have been properly triggered.

SECTION 3: TYPES OF ACTIONS REQUIRING A HEARING

Check all types of agency actions that apply to your situation:

☐ Professional license revocation, suspension, or discipline (Accusation proceeding)
☐ Professional license application denial (Statement of Issues proceeding)
☐ Business permit or license denial or revocation
☐ Contractor license disciplinary action (CSLB)
☐ Real estate license disciplinary action
☐ Environmental permit denial or enforcement order
☐ Tax assessment dispute (Franchise Tax Board or Board of Equalization)
☐ Unemployment insurance benefit denial or overpayment
☐ Workers' compensation dispute
☐ Public assistance benefit denial or reduction (Medi-Cal, CalFresh, CalWORKs, IHSS)
☐ Regulatory enforcement action or civil penalty assessment
☐ Government contract debarment or suspension
☐ Alcoholic beverage license denial, revocation, or suspension
☐ Teacher or administrator credential action
☐ Health care facility licensing action
☐ Child care facility licensing action
☐ Pharmacy license disciplinary action
☐ Medical license disciplinary action (Medical Board)
☐ Nursing license disciplinary action (Board of Registered Nursing)
☐ Insurance license action
☐ Other: [________________________________]

SECTION 4: NOTICE OF DEFENSE

BEFORE THE [________________________________]

(Name of California State Agency or Board)

Agency Case No.: [________________________________]
OAH Case No.: [____] (assigned after referral to OAH)

NOTICE OF DEFENSE

Pursuant to Government Code Section 11506

TO: [________________________________] (Name of Agency)
[________________________________] (Address)
[________________________________]

I. RESPONDENT / APPLICANT INFORMATION

Attorney Information (if represented):

II. ACKNOWLEDGMENT OF SERVICE

Respondent/Applicant acknowledges service of the:

☐ Accusation, dated [__/__/____], served on [__/__/____]
☐ Statement of Issues, dated [__/__/____], served on [__/__/____]
☐ Other agency pleading: [________________________________], dated [__/__/____]

Method of service:
☐ Personal service
☐ Certified mail
☐ Regular mail (registered or certified)
☐ Other: [________________________________]

III. NOTICE OF DEFENSE (Gov. Code Section 11506)

Respondent/Applicant hereby files this Notice of Defense pursuant to Government Code Section 11506 and requests a hearing on the merits of the above-referenced matter.

Under Gov. Code Section 11506, Respondent/Applicant:

☐ (a) Requests a hearing on the merits. (Filing this Notice of Defense shall be deemed a specific denial of all parts of the Accusation or Statement of Issues not expressly admitted below.)

☐ (b) Objects to the Accusation / Statement of Issues on the ground that it does not state acts or omissions upon which the agency may proceed.

☐ (c) Objects to the form of the Accusation / Statement of Issues on the ground that it is so indefinite or uncertain that Respondent/Applicant cannot identify the transaction or prepare a defense.

☐ (d) Admits the Accusation / Statement of Issues in whole or in part, and requests a hearing on the question of penalty or other appropriate relief. Specifically, Respondent/Applicant admits:
[________________________________]
[________________________________]

☐ (e) Presents new matter by way of defense:
[________________________________]
[________________________________]
[________________________________]

☐ (f) Objects to the accusation upon the ground that, under the circumstances, compliance with the requirements of a regulation would result in a material violation of another regulation enacted by another department affecting the same licensee. (Section 11506(d))

IV. STATEMENT OF DEFENSES

Respondent/Applicant contests the Accusation / Statement of Issues on the following grounds (provide specific details):

☐ Factual defenses -- the agency's allegations are incorrect or unsupported.
Explanation: [________________________________]
[________________________________]
[________________________________]

☐ Legal defenses -- the agency misapplied the governing statute or regulation.
Cite statute/regulation: [________________________________]
Explanation: [________________________________]
[________________________________]

☐ Procedural defenses -- the agency failed to follow required procedures.
Explanation: [________________________________]
[________________________________]

☐ The proposed discipline is excessive or disproportionate to the alleged violation.
Explanation: [________________________________]
[________________________________]

☐ Rehabilitation evidence (for disciplinary cases involving moral turpitude or criminal convictions).
Explanation: [________________________________]
[________________________________]

☐ Constitutional defenses.
Explanation: [________________________________]
[________________________________]

☐ Statute of limitations / laches.
Explanation: [________________________________]
[________________________________]

☐ Other defenses:
[________________________________]
[________________________________]

V. SPECIFIC RELIEF REQUESTED

Respondent/Applicant requests the following relief:

☐ Dismissal of the Accusation / Statement of Issues
☐ Denial of all charges and retention of license without restriction
☐ If discipline is imposed, request for the minimum penalty
☐ Probationary license with conditions (specify proposed conditions):
[________________________________]
☐ Issuance of the license/permit that was denied (Statement of Issues cases)
☐ Other relief: [________________________________]

VI. REQUEST FOR DISCOVERY (Gov. Code Section 11507.6)

☐ Respondent/Applicant requests discovery pursuant to Gov. Code Section 11507.6, including:
☐ Names and addresses of witnesses the agency intends to call at hearing
☐ All statements of respondents or witnesses signed or otherwise authenticated
☐ All reports and findings of experts
☐ All documents, materials, and information in the agency's possession relevant to the issues
☐ Any exculpatory evidence in the agency's possession
☐ Depositions of agency personnel
☐ Inspection of real or personal evidence
☐ Other: [________________________________]

Discovery Rights Under Section 11507.6: After initiation of a proceeding, the respondent or the agency may obtain discovery by any of the following methods:

1. Oral and written depositions
2. Subpoenas and subpoenas duces tecum for production of documents
3. Inspection of documents, things, and places
4. Written interrogatories

VII. REQUEST FOR EXCHANGE OF INFORMATION (Gov. Code Section 11507.7)

☐ Respondent/Applicant requests the exchange of witness lists, exhibit lists, and copies of all exhibits at least 15 business days before the hearing, pursuant to Gov. Code Section 11507.7.

VIII. REQUEST FOR STAY OF AGENCY ACTION

☐ Respondent/Applicant requests a stay of the agency action pending the outcome of this hearing.

Grounds for Stay:

1. Likelihood of success on the merits:
   [________________________________]
   [________________________________]

2. Irreparable harm if no stay is granted:
   [________________________________]
   [________________________________]

3. Balance of equities favors a stay:
   [________________________________]
   [________________________________]

4. Stay is in the public interest:
   [________________________________]
   [________________________________]

Note: Under most licensing statutes, the filing of an accusation does not automatically stay the license. However, a separate motion for stay may be filed with the agency.

IX. HEARING PREFERENCES

Preferred hearing format:
☐ In-person hearing
☐ Videoconference hearing (WebEx)
☐ Telephonic hearing (limited availability)
☐ No preference

Preferred hearing location:
☐ Sacramento OAH
☐ Oakland OAH
☐ Los Angeles OAH
☐ San Diego OAH
☐ Other: [________________________________]

Estimated length of hearing: [____] hours / [____] days

Number of witnesses Respondent/Applicant expects to call: [____]

Dates of unavailability in the next 120 days:
[________________________________]

Special accommodations needed:
☐ Interpreter (language: [________________________________])
☐ ADA accommodations: [________________________________]
☐ Other: [________________________________]

X. SIGNATURE AND VERIFICATION

I declare under penalty of perjury under the laws of the State of California that the information provided in this Notice of Defense is true and correct.

Signature: ______________________________

Printed Name: [________________________________]

Date: [__/__/____]

Attorney Signature (if applicable): ______________________________

Attorney Printed Name: [________________________________]

California State Bar No.: [____]

Date: [__/__/____]

SECTION 5: FILING INSTRUCTIONS AND CHECKLIST

5.1 Where to File

The Notice of Defense is filed with the AGENCY -- not with OAH. The agency will refer the matter to OAH after receiving the Notice of Defense. File the Notice of Defense with:

Agency Name: [________________________________]
Filing Address: [________________________________]
Email (if accepted): [________________________________]

5.2 Filing Checklist

Complete this checklist before submitting:

☐ Notice of Defense completed in full and signed
☐ Filed within 15 days after service of the Accusation or Statement of Issues (Gov. Code Section 11506)
☐ If using the agency's postcard/form, completed and returned
☐ If filing a separate written Notice of Defense, it is signed by or on behalf of the respondent and states the mailing address (Section 11506)
☐ Filed with the correct agency:

• Agency Name: [________________________________]
• Agency Address: [________________________________]
• Filed by: ☐ Personal delivery ☐ Certified mail ☐ Regular mail ☐ Email ☐ Fax
  ☐ Copy of the Accusation or Statement of Issues retained for records
  ☐ Copy of Gov. Code Chapter 5 retained for reference
  ☐ Copy of Notice of Defense retained for records
  ☐ Calendar the following key dates:
  ☐ 15-day Notice of Defense deadline: [__/__/____]
  ☐ Discovery initiation date (after proceeding commences)
  ☐ Exhibit and witness exchange deadline (15 business days before hearing per Section 11507.7)
  ☐ Hearing date (when scheduled by OAH)
  ☐ Prehearing conference (when scheduled)
  ☐ Writ of mandate deadline (30 days after agency decision per Gov. Code Section 11523)
  ☐ Confirmed whether the agency accepts electronic filing
  ☐ If respondent is in default (missed the 15-day deadline), considered filing a request that the agency exercise its discretion to grant a hearing (Section 11506)

OAH Contact Information:

SECTION 6: WHAT HAPPENS AFTER FILING

6.1 Agency Receives Notice of Defense

After the agency receives your Notice of Defense, it refers the matter to OAH for hearing. The agency is the "complainant" and you are the "respondent."

6.2 OAH Case Assignment

OAH assigns an ALJ to the case and schedules the hearing. Under Section 11509, the ALJ is selected by OAH's chief administrative law judge and must be impartial.

6.3 Setting the Hearing Date

Under Section 11508, the agency must set the hearing date within a reasonable time. For Accusation proceedings, the hearing must be set within a reasonable time, but no earlier than 30 days after service of the accusation (to allow the respondent time to prepare).

6.4 Discovery (Section 11507.6)

After the proceeding is initiated, discovery is available:

• Depositions: Oral and written depositions may be taken
• Subpoenas: Subpoenas and subpoenas duces tecum may be issued
• Document inspection: Inspection of documents, things, and places
• Interrogatories: Written interrogatories
• Enforcement: If discovery is refused, the ALJ may order compliance; failure to comply may result in sanctions

6.5 Exchange of Witness and Exhibit Lists (Section 11507.7)

At least 15 business days before the hearing, or as ordered by the ALJ, the parties must exchange:

• Lists of witnesses to be called at hearing
• Lists of exhibits to be offered at hearing
• Copies of all documentary exhibits

6.6 Prehearing Conference

The ALJ may schedule a prehearing conference to:

• Clarify and narrow the issues
• Establish a discovery schedule and deadlines
• Rule on motions
• Discuss settlement
• Estimate hearing time
• Address accommodations and logistics

6.7 Settlement Conference (Stipulated Settlement)

Many cases in California administrative law are resolved through stipulated settlements. The agency and respondent may negotiate a settlement at any time. Common settlement outcomes include:

• License placed on probation with conditions
• License surrendered (voluntary)
• Reduced discipline
• Agreement on conditions for license issuance (Statement of Issues cases)

6.8 The Hearing

Under Section 11512, the hearing is conducted by the OAH ALJ:

• The hearing is open to the public unless otherwise ordered
• Witnesses testify under oath
• The technical rules of evidence do not apply, but hearsay evidence may only be used to supplement or explain other evidence (not as the sole basis for a finding)
• The ALJ may examine witnesses and has discretion to regulate the hearing
• The hearing is electronically recorded

6.9 Proposed Decision (Section 11517)

The ALJ prepares a proposed decision, which includes:

• Findings of fact
• Conclusions of law (determination of issues)
• A recommended order or penalty

6.10 Agency Adoption or Rejection (Section 11517)

The agency (through its head, board, or designated official) reviews the proposed decision and may:

• Adopt the proposed decision as the agency's decision
• Non-adopt (reject) the proposed decision and:
• Decide the case itself on the record (including the transcript)
• Refer the case back to the same or different ALJ for further proceedings
• Order the parties to appear before the agency for oral argument

Under Section 11517(c), if the agency does not act on the proposed decision within 100 days, the proposed decision is deemed adopted by operation of law.

6.11 Reconsideration (Section 11521)

The agency may order reconsideration of all or part of the decision on its own motion or on petition of any party within 30 days.

6.12 Judicial Review (Section 11523)

Judicial review is by writ of mandate (Code Civ. Proc. Section 1094.5) filed in the superior court:

• Must be filed within 30 days after the last day for filing reconsideration (effectively within approximately 60 days of the decision)
• The court reviews the administrative record
• For fundamental vested rights (such as professional licenses), the court exercises independent judgment on the evidence
• For other matters, the court reviews for substantial evidence

SECTION 7: HEARING PREPARATION CHECKLIST

30 Days Before Hearing

☐ Obtain the complete investigative file from the agency through discovery
☐ Identify all witnesses and prepare a comprehensive witness list
☐ Prepare subpoena requests for witnesses who may not attend voluntarily
☐ Serve subpoenas duces tecum for third-party documents
☐ Organize all exhibits and prepare a numbered exhibit list
☐ Conduct depositions of agency investigators or expert witnesses
☐ Complete all outstanding discovery under Section 11507.6
☐ File any prehearing motions (motions to dismiss, motions in limine, motions to compel)
☐ Research applicable California statutes, regulations, precedential OAH decisions, and case law
☐ Prepare a prehearing brief (if required or permitted by the ALJ)
☐ Identify and retain expert witnesses (if needed)
☐ Review disciplinary guidelines published by the licensing board (if applicable)
☐ Prepare rehabilitation evidence (if applicable -- Criteria of Rehabilitation per Cal. Code Regs., tit. 16, Section 1.1)

15 Business Days Before Hearing

☐ Exchange witness lists and exhibit lists with opposing party (Section 11507.7)
☐ Exchange copies of all documentary exhibits
☐ Review opposing party's exhibits and witness list
☐ Prepare objections to any exhibits or witnesses

14 Days Before Hearing

☐ Confirm hearing date, time, location, and format with OAH
☐ Prepare witnesses for direct testimony and cross-examination
☐ Prepare an outline for opening statement
☐ Prepare direct examination questions for each witness
☐ Prepare cross-examination questions for opposing witnesses
☐ Organize exhibits in labeled hearing binders (original plus copies for ALJ and opposing counsel)
☐ Confirm any technology needs (especially for videoconference hearings)

7 Days Before Hearing

☐ File any last-minute motions or objections
☐ Confirm all witness attendance
☐ Prepare closing argument outline or brief
☐ Review all prehearing orders and ensure compliance
☐ Arrange travel and accommodations if hearing is outside your area
☐ Prepare a chronology of key events for reference

Day of Hearing

☐ Arrive at least 30 minutes early to the OAH hearing location (or log in early for videoconference)
☐ Check in with the ALJ's clerk
☐ Bring all original exhibits and sufficient copies for ALJ and opposing counsel
☐ Bring copies of relevant statutes, regulations, and board disciplinary guidelines
☐ Bring notepad and pen for notes
☐ Ensure all witnesses are present and ready
☐ Dress professionally

SECTION 8: RIGHTS DURING THE HEARING

Under California law, you have the following rights in a formal administrative hearing:

8.1 Right to Counsel

You have the right to be represented by an attorney at your own expense. Under Gov. Code Section 11509, every party has the right to appear in person or by counsel. You may also choose to represent yourself.

8.2 Right to Present Evidence

You have the right to present documentary evidence, physical evidence, and witness testimony on all material issues. This includes the right to present expert testimony and character witnesses.

8.3 Right to Cross-Examine Witnesses

You have the right to cross-examine any witness presented by the agency. Under Section 11513(b), hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. This means the agency generally cannot prove its case through hearsay alone.

8.4 Right to Discovery

Under Section 11507.6, you have broad discovery rights, including depositions, subpoenas, document inspection, and interrogatories.

8.5 Right to Subpoena Witnesses and Documents

Under Section 11510, subpoenas and subpoenas duces tecum may be issued by the ALJ, the agency, or an attorney of record. You have the right to compel the attendance of witnesses and the production of documents.

8.6 Right to an Impartial ALJ

Under the Administrative Adjudication Bill of Rights (Section 11425.40), the ALJ must be impartial. You may move to disqualify an ALJ for bias or conflict of interest (Section 11512).

8.7 Right to a Record

The hearing must be recorded. Under Section 11512(d), oral proceedings must be recorded by electronic means. You may request a transcript at your own expense.

8.8 Right to Written Decision with Findings

You are entitled to a proposed decision that includes findings of fact, conclusions of law, and a recommended order or penalty.

8.9 Right to Language Access

Under Section 11435.05 et seq., if you do not proficiently speak or understand English, you have the right to an interpreter at the hearing at no cost.

8.10 Right to Judicial Review

Under Section 11523, you have the right to seek judicial review of the final agency decision by writ of mandate in the superior court.

SECTION 9: PROOF OF SERVICE

PROOF OF SERVICE BY MAIL / DECLARATION OF SERVICE

I, [________________________________], declare:

I am over the age of 18 years and not a party to this action. My business/residence address is [________________________________], City of [________________________________], County of [________________________________], State of California.

On [__/__/____], I served the foregoing NOTICE OF DEFENSE and all attached documents on the following party(ies) by placing a true and correct copy in a sealed envelope, with postage fully prepaid, in the United States Mail at [________________________________], California, addressed as follows:

Party Served:

Name: [________________________________]
Title: [________________________________]
Agency: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Method of Service:
☐ United States Mail, first class, postage prepaid
☐ Certified mail, return receipt requested (receipt no.: [________________________________])
☐ Personal delivery
☐ Overnight delivery (carrier: [________________________________])
☐ Email to: [________________________________] (with prior agreement)
☐ Facsimile to: [________________________________]

Additional Party Served (if applicable):

Name: [________________________________]
Title/Firm: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Method of Service:
☐ United States Mail, first class, postage prepaid
☐ Certified mail, return receipt requested (receipt no.: [________________________________])
☐ Personal delivery
☐ Email to: [________________________________]

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________], California.

Signature: ______________________________

Printed Name: [________________________________]

SECTION 10: PRACTICE NOTES AND TIPS

10.1 The Postcard Shortcut

When the agency serves an Accusation, it must include a postcard or form entitled "Notice of Defense." Simply signing and returning this postcard is sufficient to preserve your hearing right. You do not need to file a detailed written Notice of Defense (though doing so may be strategically advantageous). The postcard must be returned within 15 days.

10.2 Detailed vs. Minimal Notice of Defense

Under Section 11506, the Notice of Defense need only be in writing, signed by or on behalf of the respondent, and state the respondent's mailing address. It need not be verified or follow any particular form. Filing a detailed Notice of Defense (as provided in this template) allows you to raise objections, present new matter by way of defense, and frame the issues early.

10.3 Default and Setting Aside Default

If you fail to file a Notice of Defense within 15 days, the agency may proceed without a hearing. However, under Section 11520, a respondent who has been served but fails to file a notice of defense may request that the default be set aside. The request must show good cause. If the respondent was served by mail and demonstrates non-receipt, the default should be set aside.

10.4 Discovery Is Powerful

California's administrative discovery rights under Section 11507.6 are among the most robust in the country. Use depositions, subpoenas, and document requests aggressively to obtain the agency's investigative file, expert reports, and witness statements. Consider deposing the agency investigator.

10.5 The 15-Business-Day Exchange Deadline

Under Section 11507.7, witness lists and exhibit lists must be exchanged at least 15 business days before the hearing. Failure to comply may result in exclusion of witnesses or exhibits. Calendar this deadline carefully.

10.6 Board Disciplinary Guidelines

Most California licensing boards publish disciplinary guidelines that set forth the expected range of penalties for various violations. Review the board's guidelines to understand the likely penalty and to prepare mitigation evidence. ALJs typically follow these guidelines unless departure is justified.

10.7 Rehabilitation Evidence

In cases involving criminal convictions or moral turpitude, California law requires consideration of rehabilitation. Present evidence of rehabilitation under the criteria set forth in the Uniform Standards Related to Substance Abuse and Cal. Code Regs., tit. 16, Section 1.1. This may include letters of reference, evidence of community service, counseling completion, and changed circumstances.

10.8 Non-Adoption of Proposed Decision

If the agency rejects (non-adopts) the ALJ's proposed decision, the agency must decide the case itself on the record. The parties may be asked to appear before the agency for oral argument. This is a critical stage -- if the ALJ ruled in your favor but the agency non-adopts, you will need to present your best arguments to the agency board.

10.9 The 100-Day Deemed Adoption Rule

Under Section 11517(c), if the agency fails to act on the proposed decision within 100 days, the proposed decision is deemed adopted by operation of law. Track this deadline.

10.10 Judicial Review -- Independent Judgment Standard

For professional license cases involving fundamental vested rights, the superior court applies the independent judgment standard on judicial review (Code Civ. Proc. Section 1094.5(c)). This is more favorable than the "substantial evidence" standard because the court re-weighs the evidence independently.

10.11 Costs of Enforcement (Section 11529)

In some cases, the agency may seek recovery of investigation and enforcement costs. Be aware that a "cost recovery" request may be included in the Accusation.

SECTION 11: KEY CONTACTS AND RESOURCES

This template is provided for informational purposes only and does not constitute legal advice. California administrative hearing procedures are governed by Government Code Sections 11500-11529 and may be supplemented by agency-specific statutes and regulations. You must have this template reviewed and customized by a qualified attorney licensed in California before use. The 15-day Notice of Defense deadline is strictly enforced -- failure to file on time may result in waiver of your hearing right.