This area of California law pertains to the process and procedures by which a government agency administers, regulates, and applies the law through enforcement of regulations pertaining to a benefit or license. When an individual or business is denied a benefit or license, they can request a California administrative hearing to determine if the denial was proper.
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Administrative hearings are held pursuant to California administrative law which governs the activities of California administrative agencies. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making of administrative units of government (for example, tribunals, boards or commissions) that are part of the state regulatory scheme in such areas as law enforcement, trade, manufacturing, the environment, taxation, broadcasting, immigration and transport.
These are known as “due process hearings.” The purpose is to provide an independent and timely review of a benefit or license granted by the state or local government agency. In many cases, the state or city agency is required to provide a due process hearing before termination of a benefit or services.
Additionally, an administrative hearing may be required before a professional, who is licensed by a state agency, revokes or terminates their license. For licensed professionals, the penalty imposed by an administrative disciplinary board is significant.
The Office of Administrative Hearings
This office conducts administrative hearings for those who have a dispute with a state, county or city government in regards to a governmental rule, regulation, application, license and/or permit.
Agencies that provide for an Administrative Hearing
- California Contractor’s Board
- California Department of Social Services
- California Licensing and Certification Board
- California Real Estate Board
- California Department of Alcoholic Beverage Control
- California Department of Motor Vehicle
- California Department of Health Care Services
Professionals Subject to an Administrative Hearing
- School Administrators
- Social Workers
Individuals Subject to an Administrative Hearing
- Welfare Recipients
- Home owners
Businesses Subject to an Administrative Hearing
- Grocery Stores
- Convenience Stores
- Liquor Stores
- Automotive repair shops
Types of Administrative Relief
- Reinstatement of a license.
- Settlement negotiation for a lesser penalty and/or fine.
- Appeal by a writ of mandate.
- Petition for reconsideration.
- Petition for reinstatement.
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