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