Cal. Code Regs. Tit. 22, § 5002 - Applicability of Administrative Procedure Act

The applicability to the agency of the administrative adjudication provisions of the Administrative Procedure Act, which are set forth in Chapters 4.5 and 5 of Part 1 of Division 3 of Title 2 of the Government Code, is as follows:

(a) Articles 1, 2, 3, 4, 6, 7, 8, and 16 of Chapter 4.5 are applicable.

(b) Article 9 of Chapter 4.5 is applicable, except Government Code section 11440.50, which is not.

(c) Article 12 of Chapter 4.5 is applicable, except that any authority of the board or an administrative law judge to make an order under Government Code section 11455.30 is subject to the limitations of the code, including, but not limited to, code sections 1956 and 1958.

(d) Article 5 of Chapter 4.5 is not applicable except Government Code section 11420.30, which is.

(e) Articles 10, 11, 13, 14, and 15 of Chapter 4.5 are not applicable.

(f) Chapter 5 is not applicable.

Notes

Cal. Code Regs. Tit. 22, § 5002

1. Renumbering of former section 5006 to section 5002, including amendment of section heading, section and NOTE, filed 2-4-99; operative 3-6-99 (Register 99, No. 6). For prior history of section 5002, see Register 86, No. 31.
2. Amendment of subsection (a) filed 5-12-2010; operative 6-11-2010 (Register 2010, No. 20).

Note: Authority cited: Section 11400.20, Government Code; and Section 411, Unemployment Insurance Code. Reference: Sections 1951, 2712 and 3262, Unemployment Insurance Code.

1. Renumbering of former section 5006 to section 5002, including amendment of section heading, section and Note, filed 2-4-99; operative 3-6-99 (Register 99, No. 6). For prior history of section 5002, see Register 86, No. 31.
2. Amendment of subsection (a) filed 5-12-2010; operative 6-11-2010 (Register 2010, No. 20).