In California professional license law, at a contested hearing deciding an accusation or a statement of issues an administrative law judge only has the power to make a proposed decision, not a final decision. The administrative agency – for example, the Medical Board of California or the California Department of Insurance – has delegated the
non-adoption
The Proposed Decision
By Fredrick Ray on
Posted in CA License Law 101
After a license hearing, the administrative law judge (ALJ) will issue a proposed decision. Under Government Code section 11517(c)(1), the ALJ has 30 days to issue the proposed decision. (However, there is no penalty if this deadline is not met.) Thirty days after the ALJ issues the proposed decision, each side in the case…
Non-Adoption After Administrative Hearing
By John Bishop on
Posted in CA License Law 101
One of the most confusing parts of licensing law is the concept of “who makes the final decision?” Even though licensees have the right to an administrative hearing before they are disciplined in any way by the agency, the written result of hearing is called the “proposed decision” and doesn’t become final until the agency…
The California Office of Administrative Hearings
By Fredrick Ray on
Posted in Professional License Law
In California, the Office of Administrative Hearings (OAH) hears all professional license discipline or denial cases, except for liquor license and attorney discipline hearings. The same administrative court hears cases for such varied occupations as physicians, architects, dentists, insurance brokers and engineers. A panel of about 75 administrative law judges (ALJs), working our of four…