CALIFORNIA ADMINISTRATIVE LAW
In California, administrative law governs actions by state and local government agencies, including the issuance of administrative citations for municipal code or regulation violations, disciplinary action with respect to business and professional licensing for regulatory violations, and the procedures for administrative hearings to contest these actions. These processes provide an alternative to criminal court, ensuring due process while maintaining compliance with regulations.
An attorney experienced in administrative law can help navigate administrative citations, disciplinary actions, and hearings while ensuring procedural rules are followed, evidence is properly presented, and legal arguments are documented for potential appeals.
California Administrative Citations
Purpose: Administrative citations are used by local governments enforce municipal codes for non-criminal, often transient or minor, violations of municipal codes (e.g., parking on a lawn, noise violations, fireworks, or unpermitted building work).
Issuance: A code enforcement officer issues a written citation detailing the violation, the code section violated, the fine amount, and instructions on how to pay or contest it. Recipients of an administrative citation have the right to request an administrative hearing to challenge the citation.
Fines: Fines can be significant and increase for repeat offenses. Payment of the fine usually resolves the matter without an admission of guilt but does not excuse continuation of the violation.
Correction Period: For continuing violations that are not immediate health or safety hazards, the responsible party is typically given a notice of violation and a reasonable time to correct the issue before a citation is issued.
Failure to Act: Ignoring a citation can result in increased fines, the city taking action to abate the nuisance and placing a lien on the property, or other legal remedies.
California Business and Professional Licensing
Business and professional licensing agencies conduct pre-licensing inspections, unannounced facility inspections, and complaint investigations to ensure compliance with state laws and regulations. Failure to follow applicable regulations can result in formal notice from the licensing agency detailing specific charges and intended disciplinary action which can range from probation to outright license revocation. Licensees generally have a right to contest the charges and request an administrative hearing.
California Administrative Hearings
Governing Law: State-level administrative hearings, particularly those concerning professional licenses, are primarily governed by the California Administrative Procedure Act (APA) and are often held before an Administrative Law Judge (ALJ) from the Office of Administrative Hearings (OAH).
Local agency (city and county) hearings are governed by local ordinances, which often mirror the APA’s principles.
Nature: Hearings are generally informal compared to court trials. Formal rules of evidence and discovery may be relaxed, though each party can present evidence, call witnesses, and cross-examine opposing witnesses.
Burden of Proof: The agency issuing the citation or proposing disciplinary action typically bears the burden of proof, usually under a “preponderance of the evidence” standard.
Right to Representation: Parties have the right to represent themselves or be represented by an attorney at their own expense.
Advance Deposit: For many administrative citations, the fine amount must be deposited in advance to secure a hearing, though a hardship waiver procedure is available for those who qualify.
Decision and Appeal:Ā The hearing officer or ALJ issues a written decision. In state-level actions, the ALJ’s decision is often a proposed decision that the agency’s governing board can adopt, modify, or reject. The final administrative decision can generally be challenged through judicial review in the Superior Court via a petition for a writ of mandate. In city and county actions, local ordinances may provide for a direct appeal process to the Superior Court or judicial review may be obtained via a petition for a writ of mandate.
Navigating administrative law and hearings without experienced legal counsel can be detrimental. An attorney experienced in administrative law can help ensure all procedural rules are followed, evidence is properly presented, and legal arguments are documented for potential appeals.
Contact us by phone or email to learn more about how we can help.