Petition for Reconsideration (Administrative Agency) - California

APPLICATION FOR RECONSIDERATION (ADMINISTRATIVE AGENCY)

State of California — California Administrative Procedure Act (Cal. Gov. Code § 11521)

CRITICAL DEADLINE NOTICE — READ BEFORE FILING

Under Cal. Gov. Code § 11521, the agency's power to order reconsideration expires 30 days after delivery or mailing of a decision to the respondent, or on the date set by the agency as the effective date of the decision if that date occurs within the 30-day period, or at the termination of a stay of not to exceed 30 days granted for the purpose of filing an application for reconsideration.

Practical effect: File before the agency's power to order reconsideration expires. Section 11521(a) allows a stay of no more than 30 days for filing an application and a separate stay of no more than 10 days solely to evaluate an application filed before the applicable period ends. Confirm the decision's effective date and any stay order before calculating the last day reconsideration can be ordered.

Judicial review deadline when Cal. Gov. Code § 11523 governs: Judicial review may be had by filing a petition for writ of mandate. The petition must be filed within 30 days after the last day on which reconsideration can be ordered. The right to petition is not affected by a failure to seek reconsideration before the agency. Automatic extension: if, within 10 days after the last day on which reconsideration can be ordered, Applicant requests the agency to prepare all or part of the administrative record, the filing deadline is automatically extended to 30 days after the record is delivered to Applicant. Confirm that § 11523 governs this agency before using this deadline. ABC decisions, for example, use an ABC Appeals Board appeal route.

OAH (Office of Administrative Hearings): Most California state agency contested cases are heard by OAH ALJs under Cal. Gov. Code § 11517. If an ALJ originally hears the case alone, the agency has 100 days after receiving the proposed decision to take one of the actions listed in § 11517(c)(2); otherwise the proposed decision is deemed adopted. Reconsideration under § 11521 applies to the agency's final decision — not the ALJ's proposed decision.

Confirm this framework actually applies to your agency. Gov. Code § 11521/§ 11523 governs only agencies subject to Chapter 5 (§ 11500 et seq.). Some agencies subject to that chapter impose shorter or different deadlines by their own regulations (e.g., certain DCA boards, CDPH). Other agencies — such as EDD (unemployment insurance, reviewed by CUIAB) and the Franchise Tax Board/CDTFA (tax matters, reviewed by the Office of Tax Appeals) — are not governed by this chapter at all and use entirely different reconsideration and appeal procedures. Always check the specific agency's enabling statutes and regulations before relying on this template.

ABOUT THIS DOCUMENT

This Application for Reconsideration is a formal request to a California state administrative agency to reconsider, modify, or vacate its final decision in a contested case decided under the formal-hearing procedures of Cal. Gov. Code § 11500 et seq. (the "Administrative Adjudication: Formal Hearing" chapter of the California Administrative Procedure Act, commonly implemented through the Office of Administrative Hearings). It is filed with the agency — not with OAH or a court. For an agency governed by Cal. Gov. Code § 11523 without a different review statute, judicial review is by petition for writ of mandate in superior court under Code Civ. Proc. § 1094.5. Check the agency's specific appeal route before using that judicial-review instruction.

Agencies that typically use the Gov. Code § 11500 et seq. / § 11521 / § 11523 pathway reflected in this template (formal OAH-conducted hearings, agency reconsideration, then a petition for writ of administrative mandamus in superior court):

• California Department of Consumer Affairs (DCA) licensing boards (Medical Board, Board of Pharmacy, Contractors State License Board, Board of Registered Nursing, etc.)
• California Department of Public Health (CDPH) — facility licensing, certain public health orders
• California Department of Social Services (CDSS) — certain licensing matters
• California Department of Managed Health Care (DMHC) — certain enforcement matters
• California Department of Insurance (CDI) — certain disciplinary matters
• California Department of Financial Protection and Innovation (DFPI) — certain enforcement matters

Agencies that use DIFFERENT reconsideration/appeal frameworks — do NOT assume the § 11521/§ 11523 timeline or forum applies without checking the agency's own enabling act:

• California Department of Alcoholic Beverage Control (ABC) — its disciplinary decisions may permit an application for reconsideration under Gov. Code § 11521, but an appeal from the Department's decision goes to the ABC Appeals Board under Bus. & Prof. Code §§ 23080–23089. Review of the Appeals Board's decision goes to the Court of Appeal; do not use this template's § 11523 superior-court route for an ABC appeal.
• California Employment Development Department (EDD) unemployment insurance determinations — appealed to the California Unemployment Insurance Appeals Board (CUIAB), not reconsidered under Gov. Code § 11521; judicial review follows CUIAB-specific procedures under the Unemployment Insurance Code
• California Franchise Tax Board and California Department of Tax and Fee Administration (CDTFA) tax matters — appealed to the Office of Tax Appeals (OTA) under the Taxpayer Transparency and Fairness Act (Rev. & Tax. Code § 20; Gov. Code § 15670 et seq.), a different process entirely
• California Department of Motor Vehicles (DMV) driver-license actions — governed by Vehicle Code hearing and review provisions (e.g., Veh. Code §§ 14100 et seq., 13353), not Gov. Code § 11500 et seq.
• California Public Utilities Commission (CPUC) — rehearing is governed by Pub. Util. Code § 1731 et seq., and judicial review is by direct petition to the California Court of Appeal or Supreme Court under Pub. Util. Code § 1756 — NOT the superior court
• California Air Resources Board (CARB) — many enforcement actions proceed under agency-specific hearing regulations rather than Gov. Code § 11500 et seq.
• Workers' compensation matters (Department of Industrial Relations / WCAB) — governed by the Labor Code's own reconsideration and judicial-review scheme (Lab. Code §§ 5900 et seq.), not Gov. Code § 11521/§ 11523

Before using this template for any agency, confirm (1) whether the agency's hearings are conducted under Gov. Code § 11500 et seq., and (2) whether the agency's own statutes impose a different reconsideration deadline, forum, or standard of review.

GROUNDS FOR RECONSIDERATION CHECKLIST

(Cal. Gov. Code § 11521 — standard grounds recognized under California administrative law)

Check all grounds that apply:

☐ Error of Law — The agency misapplied or misinterpreted a statute, regulation, or controlling legal standard, including misapplication of the standard of proof or burden of proof

☐ Error of Fact / Substantial Evidence — The agency's findings of fact are not supported by substantial evidence in the light of the whole record

☐ Newly Discovered Evidence — Material evidence has been discovered that was not available and could not reasonably have been discovered or presented at the hearing, even with due diligence

☐ Agency Exceeded Its Statutory Authority — The agency acted beyond the scope of the authority delegated to it by the California Legislature

☐ Decision Is Arbitrary, Capricious, or an Abuse of Discretion — The agency's decision lacks a rational basis, is unsupported by the findings, or is disproportionate to the public protection concern

☐ Procedural Error / Denial of Due Process — A material procedural defect occurred that violated Petitioner's rights under Cal. Gov. Code § 11507 et seq. or constitutional due process

☐ Constitutional Violation — The decision or underlying law violates the California or United States Constitution

☐ ALJ Proposed Decision Not Supported — The agency's final decision adopted an ALJ proposed decision that is legally or factually flawed in the specific respects identified herein

☐ Agency Modified ALJ Decision Without Basis — The agency rejected or modified the ALJ's proposed decision without adequate stated reasons (cf. Cal. Gov. Code § 11517(c))

☐ Penalty Is Excessive — The penalty imposed is disproportionate to the violation, contrary to agency penalty guidelines, or unsupported by the record

☐ Other: [________________________________]

APPLICATION FOR RECONSIDERATION

BEFORE THE [________________________________]
STATE OF CALIFORNIA

In the Matter of:

[________________________________]
[________________________________]
(Petitioner / Respondent in Underlying Proceeding)

Agency Case/Docket No.: [________________________________]

OAH Case No. (if applicable): [________________________________]

Decision/Order No.: [________________________________]

Date Decision Was Mailed/Delivered: [__/__/____]

APPLICATION FOR RECONSIDERATION PURSUANT TO CAL. GOV. CODE § 11521

SECTION 1 — IDENTIFICATION OF PARTIES

1.1 Applicant/Petitioner:

Full Legal Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], CA [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]
License/Registration No. (if applicable): [________________________________]
California Business Entity Type (if applicable): [________________________________]

1.2 Applicant's Legal Counsel:

Attorney Name: [________________________________]
California State Bar No.: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], CA [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

1.3 Respondent Agency:

Agency Name: [________________________________]
Division/Board/Bureau (if applicable): [________________________________]
Director/Executive Officer: [________________________________]
Clerk/Docket Contact: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], CA [____]

1.4 Other Parties of Record:

Name: [________________________________] Role (e.g., Complainant, Intervenor): [________________________________]
Address: [________________________________]

Name: [________________________________] Role: [________________________________]
Address: [________________________________]

SECTION 2 — JURISDICTION AND TIMELINESS

2.1 Statutory Basis:

This Application for Reconsideration is filed pursuant to Cal. Gov. Code § 11521 of the California Administrative Procedure Act. Applicant is a party to the above-captioned contested case and requests that the agency exercise its power to reconsider the decision on the grounds stated herein.

2.2 Timeliness — Deadline Calculation:

The agency's decision was mailed/delivered to Applicant on: [__/__/____]

The last day the agency can order reconsideration under Cal. Gov. Code § 11521(a) is: [__/__/____]

Decision's effective date, if earlier than day 30: [__/__/____]

Termination of any agency stay for filing this Application (up to 30 days): [__/__/____]

Termination of any separate stay to evaluate a timely filed Application (up to 10 days): [__/__/____]

This Application is filed on: [__/__/____]

☐ This Application is filed while the agency retains the power to order reconsideration under the applicable § 11521(a) period.

2.3 Stay Request (if applicable):

☐ Applicant requests a stay of the applicable reconsideration period for up to 10 days, solely to allow the agency to evaluate this timely filed Application under § 11521(a).

☐ Before filing this Application, Applicant obtained an agency stay order of up to 30 days for the purpose of filing it; order and termination date: [________________________________].

2.4 Effect on Judicial Review Deadline:

Under Cal. Gov. Code § 11523, a petition for writ of mandate must be filed in superior court within 30 days after the last day on which reconsideration can be ordered. The right to seek judicial review is not lost by failing to file this Application. If, within 10 days after the last day on which reconsideration can be ordered, Applicant requests the agency to prepare the administrative record, this deadline is automatically extended to 30 days after delivery of the record to Applicant. Applicant will monitor this deadline carefully.

2.5 Agency-Specific Rules:

Agency-specific reconsideration rules that supplement Cal. Gov. Code § 11521:

Rule/Regulation: [________________________________]
California Code of Regulations cite: [________________________________]

SECTION 3 — DESCRIPTION OF CHALLENGED DECISION

3.1 Identification of Decision:

Title of Final Decision: [________________________________]
Decision/Order Number: [________________________________]
Date Decision Issued/Adopted by Agency: [__/__/____]
Date Decision Mailed/Delivered to Applicant: [__/__/____]

OAH ALJ who heard the case: [________________________________]
OAH Proposed Decision date: [__/__/____]
Agency decision-maker who adopted/modified proposed decision: [________________________________]

☐ Agency adopted ALJ's proposed decision without modification
☐ Agency modified ALJ's proposed decision (describe modification below)
☐ Agency rejected ALJ's proposed decision and decided the case itself

Description of modification or rejection (if applicable): [________________________________]
[________________________________]

3.2 Nature of the Proceeding:

☐ Professional license denial, suspension, revocation, probation, or non-renewal (DCA board)
☐ Civil penalty or fine
☐ Environmental enforcement action (CARB, CalEPA, Regional Water Board)
☐ Insurance regulatory action (CDI)
☐ Alcoholic beverage control action (ABC)
☐ Financial regulatory action (DFPI)
☐ Other: [________________________________]

3.3 Summary of Challenged Decision:

[Describe precisely what the agency found and what it ordered. Include the specific violations found, penalties imposed, license actions taken, and what portions of the decision are being challenged. Cite to page and paragraph numbers of the decision.]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

SECTION 4 — PROCEDURAL HISTORY

4.1 Initiation of Proceeding:

Date of initial action (e.g., accusation, statement of issues, notice): [__/__/____]
Title of initial pleading: [________________________________]
Initiating party: [________________________________]

4.2 Pre-Hearing Proceedings:

Notice of Defense/Prehearing Conference: [__/__/____]
Discovery: ☐ Yes ☐ No Description: [________________________________]
Prehearing motions: [________________________________]

4.3 OAH Hearing:

Hearing date(s): [__/__/____] through [__/__/____]
OAH ALJ: [________________________________]
Location: [________________________________]

Witnesses for Applicant:

1. [________________________________] Subject: [________________________________]
2. [________________________________] Subject: [________________________________]
3. [________________________________] Subject: [________________________________]

Witnesses for Agency:

1. [________________________________] Subject: [________________________________]
2. [________________________________] Subject: [________________________________]

Exhibits admitted:

• Agency Exhibits: [________________________________]
• Respondent Exhibits: [________________________________]

4.4 OAH Proposed Decision:

OAH ALJ issued proposed decision on: [__/__/____]
Key findings of proposed decision: [________________________________]

4.5 Agency Final Decision:

Agency adopted/modified/rejected proposed decision on: [__/__/____]
The effective date of the decision: [__/__/____]

SECTION 5 — STATEMENT OF FACTS

5.1 Background and Context:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.2 Specific Factual Errors or Omissions in the Decision:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.3 Facts Supporting Ground 1 ([________________________________]):

[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.4 Facts Supporting Ground 2 ([________________________________]):

[________________________________]
[________________________________]
[________________________________]

5.5 Newly Discovered Evidence (if applicable):

Description of new evidence: [________________________________]
Date discovered: [__/__/____]
Why not available before or during hearing despite diligence: [________________________________]
How this evidence would have materially affected the outcome: [________________________________]

SECTION 6 — GROUNDS FOR RECONSIDERATION AND LEGAL ARGUMENT

Ground 1: [________________________________]

Specific Error in the Decision:

[Identify the precise finding of fact, conclusion of law, or penalty determination that is erroneous. Cite the page and paragraph of the agency's decision.]

[________________________________]
[________________________________]
[________________________________]

Legal Standard:

[State the applicable standard. E.g., "Cal. Gov. Code § 11521 authorizes reconsideration on any ground. On subsequent judicial review under Code Civ. Proc. § 1094.5, administrative findings of fact are reviewed for substantial evidence in light of the entire record, unless the decision substantially affects a fundamental vested right (e.g., a professional license), in which case the court exercises independent judgment on the evidence. See Bixby v. Pierno (1971) 4 Cal.3d 130. Questions of law are reviewed independently by the court. The agency abused its discretion if its decision is not supported by the findings or the findings are not supported under the applicable evidentiary standard."]

[________________________________]
[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• California Statute: [________________________________]
• California Code of Regulations: [________________________________]
• Case Law: [________________________________]
• OAH/Agency Precedent: [________________________________]

Ground 2: [________________________________]

Specific Error:

[________________________________]
[________________________________]

Legal Standard:

[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• [________________________________]
• [________________________________]
• [________________________________]

Ground 3 (if applicable): [________________________________]

Specific Error:

[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• [________________________________]
• [________________________________]

SECTION 7 — RELIEF REQUESTED

Applicant respectfully requests that the Agency exercise its power under Cal. Gov. Code § 11521 and:

☐ Vacate the Decision in its entirety and dismiss the accusation/statement of issues

☐ Modify the Decision as follows: [________________________________]

☐ Remand to OAH for a new or supplemental hearing pursuant to Cal. Gov. Code § 11521(b), on the following issues: [________________________________]

☐ Assign the reconsideration to an OAH ALJ pursuant to Cal. Gov. Code § 11521(b) for reconsideration on the record

☐ Reduce the penalty from [________________________________] to [________________________________], with reasoning: [________________________________]

☐ Reduce the disciplinary action from [________________________________] to [________________________________] (e.g., from revocation to probation)

☐ Stay the effective date of the decision pending resolution of this Application, pursuant to Cal. Gov. Code § 11519

☐ Other: [________________________________]

SECTION 8 — EXHIBITS

SECTION 9 — VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of California that the foregoing Application for Reconsideration is true and correct to the best of my knowledge and belief, and that I am authorized to file this Application on behalf of Applicant.

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

Signature: _________________________________
Printed Name: [________________________________]
Title/Capacity: [________________________________]

SECTION 10 — SIGNATURE BLOCK

Respectfully submitted,

_________________________________
[________________________________] (Attorney Name)
California State Bar No.: [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], CA [____]
Telephone: ([____]) [____]-[____]
Facsimile: ([____]) [____]-[____]
Email: [________________________________]

Counsel for Applicant [________________________________]

Date: [__/__/____]

SECTION 11 — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Application for Reconsideration and all exhibits upon the following parties by the method(s) indicated:

Agency Clerk / Docket Office:
[________________________________]
[________________________________], CA [____]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Overnight courier ☐ Email: [________________________________] ☐ Agency e-filing portal

Agency Legal Counsel / Attorney General's Office:
[________________________________]
[________________________________]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Email: [________________________________]

Opposing Party / Complainant:
[________________________________]
[________________________________]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Email: [________________________________]

Other Party of Record:
[________________________________]
[________________________________]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Email: [________________________________]

_________________________________
Signature
Printed Name: [________________________________]
Date: [__/__/____]

SECTION 12 — NEXT STEPS AND JUDICIAL REVIEW

12.1 Agency Action on Application:

Under Cal. Gov. Code § 11521, the agency may:

• Order reconsideration of all or part of the case, on its own motion or on this petition
• Assign reconsideration to an OAH ALJ under § 11521(b) for further proceedings
• Deny this Application expressly, or
• Take no action before the applicable § 11521(a) period expires, in which case the petition is deemed denied

12.2 Judicial Review — Petition for Writ of Mandate:

Under Cal. Gov. Code § 11523, judicial review is sought by filing a petition for writ of administrative mandamus under Code Civ. Proc. § 1094.5 in the superior court. Check the venue statute for the particular agency and action: Code Civ. Proc. § 393(b) places an action against a public officer concerning an official act in the county where the cause or some part of it arose, subject to transfer; § 401(1) allows a city or city and county with an Attorney General office when another law authorizes Sacramento venue for the action against the state or its agency. The petitioner's residence alone does not establish venue:

• Deadline: File within 30 days after the last day on which reconsideration can be ordered under § 11521(a), accounting for an earlier effective date or an applicable stay. An early denial of this Application does not substitute for that statutory trigger. If reconsideration is ordered and a new decision issues, calculate the new decision's applicable periods. The filing deadline is automatically extended to 30 days after delivery of the administrative record if Applicant requests the record within 10 days after the last day reconsideration can be ordered.
• Standard of review: Under Code Civ. Proc. § 1094.5(c), the applicable standard depends on whether the decision substantially affects a "fundamental vested right." Where a fundamental vested right is at stake (e.g., revocation or suspension of a professional license, per Bixby v. Pierno (1971) 4 Cal.3d 130 and its progeny), the superior court exercises its independent judgment on the evidence, and abuse of discretion is established if the findings are not supported by the weight of the evidence. In all other cases, the court applies the more deferential substantial evidence standard, reviewing the record as a whole. Questions of law are reviewed independently by the court in either case. Do not assume which standard applies — confirm with counsel based on the specific right at issue.
• Administrative record: The agency or OAH must prepare and deliver the administrative record; costs of preparation are generally borne by the petitioner unless the petitioner prevails.

12.3 Preservation of Issues:

Section 11523 says the right to judicial review is unaffected by a failure to seek reconsideration. Identify where the issues for judicial review were raised in the underlying agency record; this Application does not replace the administrative hearing record.

12.4 Stay Pending Review:

Agency stay: Under Cal. Gov. Code § 11519(b), the agency may include a stay of execution in its decision or grant one before the decision becomes effective. Court stay: After a § 1094.5 writ proceeding is instituted, seek any stay from that court under Code Civ. Proc. § 1094.5(g) or (h), as applicable. Subdivision (g) bars a stay against the public interest; subdivision (h) imposes a different standard for covered hospitals and agencies. Serve the court-stay application as that section requires. Do not treat an agency stay request as a pending court-stay application.

This template was prepared for use in California administrative proceedings conducted under Cal. Gov. Code § 11500 et seq. (the formal-hearing chapter of the California Administrative Procedure Act). It must be reviewed and customized by a qualified attorney licensed in California before use. California does not have a single, universal "APA reconsideration" statute applicable to all state agencies — Chapter 5 (§§ 11500-11529) applies only where a specific enabling statute makes it applicable, and many agencies (e.g., EDD/CUIAB, FTB/CDTFA/OTA, DMV, CPUC, WCAB) follow entirely different reconsideration and judicial-review schemes under their own governing codes. Always confirm agency-specific requirements before relying on the deadlines, forum, or standard of review described in this template.