BILL ANALYSIS AB 2537 Page 1 Date of Hearing: May 5, 2010 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 2537 (Silva) - As Amended: April 14, 2010 Policy Committee: Business and Professions Vote: 11 - 0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill requires agencies conducting administrative hearings using administrative law judges (ALJs) to develop regulations to allow for a peremptory challenge of an ALJ. In addition, this bill allows agencies to develop regulations for presiding officers who are not ALJs. FISCAL EFFECT Any costs associated with this legislation would be minor and absorbable within existing resources. COMMENTS Rationale . According to the author's office, "Parties in administrative law proceedings have a substantial stake in the outcome of that proceeding, and should have the same right to have their matters heard by a fair and impartial trial of fact as parties in a court proceeding." The author asserts that many state agencies, including the largest, the Office of Administrative Hearings (OAH) under the Department of General Services, provide for peremptory challenges of ALJs believed to be biased, prejudiced, or interested in the matter. However, not all agencies allow for those challenges. This legislation would ensure that all parties involved in administrative hearings throughout the state would have access to peremptory challenges should they believe an ALJ is biased or interested in the matter. Analysis Prepared by : Julie Salley-Gray / APPR. / (916) 319-2081 AB 2537 Page 2