BILL NUMBER: AB 2537	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2010

INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 19, 2010

   An act to amend Section 11425.40 of the Government Code, relating
to state agencies.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2537, as amended, Silva. State agencies: adjudications:
presiding officers.
   Existing law, the Administrative Procedure Act, provides for the
conduct of administrative adjudication proceedings of state agencies.
Existing law provides for the disqualification of a presiding
officer for bias, prejudice, or interest in the proceeding. Existing
law authorizes an agency that conducts an adjudicative proceeding to
provide by regulation for peremptory challenge of the presiding
officer.
   This bill would require that  an agency that conducts
  certain agencies that conduct  an adjudicative
proceeding provide by regulation for peremptory challenge of the
presiding officer in cases where the presiding officer is an
administrative law judge  ,   and authorize those
agencies to provide by regulation for peremptory challenge of a
presiding officer who is not an administrative law judge  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11425.40 of the Government Code is amended to
read:
   11425.40.  (a) The presiding officer is subject to
disqualification for bias, prejudice, or interest in the proceeding.
   (b) It is not alone or in itself grounds for disqualification,
without further evidence of bias, prejudice, or interest, that the
presiding officer:
   (1) Is or is not a member of a racial, ethnic, religious, sexual,
or similar group and the proceeding involves the rights of that
group.
   (2) Has experience, technical competence, or specialized knowledge
of, or has in any capacity expressed a view on, a legal, factual, or
policy issue presented in the proceeding.
   (3) Has as a lawyer or public official participated in the
drafting of laws or regulations or in the effort to pass or defeat
laws or regulations, the meaning, effect, or application of which is
in issue in the proceeding.
   (c) The provisions of this section governing disqualification of
the presiding officer also govern disqualification of the agency head
or other person or body to which the power to hear or decide in the
proceeding is delegated.
   (d) An agency that conducts an adjudicative proceeding shall
provide by regulation for peremptory challenge of a presiding officer
who is an administrative law judge. An agency that conducts an
adjudicative proceeding may  also  provide by regulation for
peremptory challenge of a presiding officer who is not an
administrative law judge. 
   (e) Subdivision (d) shall not apply to an agency that has five or
fewer administrative law judges and has an existing system of
internal appellate review for requests for disqualification of an
administrative law judge in which the disqualification determination
is made by the agency.