Store Research
Senate Bill 10 (Smith – 1979)
Chapter 199, Statutes of 1979
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Senate Bill 10 of 1979, as enacted, amended Code of Civil Procedure section 1094.5, Government Code Sections 11370.3, 11505, 11517 and 11524 and Penal Code Section 1203.4 relating to the administrative hearing process. (See Exhibit A, #1g) Senator Jerry Smith introduced this legislation on December 4, 1978 as “drafted by representatives of the Governor’s Office, the Office of Administrative Hearings, and all of the state agencies which use OAH to conduct their administrative hearings.” (See Exhibit A, #1a and #3, page 2)
Senate Bill 10 was assigned to the Senate Committee on Judiciary and the Assembly Committee on Judiciary where policy issues raised by the bill were considered. (See Exhibit A, #3 and #8) The fiscal ramifications of the bill were considered by the Assembly Committee on Ways and Means. (See Exhibit A, #10) Five amendments were made to Senate Bill 10. (See Exhibit A, #1b thought #1f and #2) Subsequent to legislative approval, Governor Gerald Brown Jr. signed Senate Bill 10 on July 3, 1979, and it was recorded by the Secretary of State on the same day as Chapter 199 of the Statutes of 1979. (See Exhibit A, #1g and #2)
The Assembly Office of Research Third Reading Analysis of Senate Bill 10 in its final amended version states with regard to the bill that:
Under existing law, the standard for a judicial stay of an order from the healing arts board requires that such stays not be imposed unless the court decides that the public interest will not suffer and that the agency is unlikely to prevail. The standard for other agencies requires that stays not be imposed if the court decides that the public interest will not suffer.
This bill applies the existing healing arts standard to all agency orders and decisions which are based on an Administrative Procedure Act hearing conducted by the agency or Office of Administrative Procedure (OAH).
This bill also makes the following changes to the Administrative Procedure Act:
Authorizes the Office of Administrative Hearings (OAH) to hire temporary hearing officers;
Requires 10 working days notice for persons requesting continuance of a hearing for “good cause”;
Imposes time constraints for the issuance of proposed decisions by hearing officers and for the adoption of such decisions by an administrative agency;
Requires the court to inform a defendant of his or her obligation to disclose the conviction in response to a direct question in a questionnaire or application for public office or for licensure by the state or a local entity; and
Provides that the standards for obtaining a stay must apply to any administrative order or decision of an agency governed by the Healing Arts Act, the Osteopathic Initiative Act or the Chiropractic Initiative Act. This standard applies to other state agencies only when the agency has adopted the proposed decision of the hearing officer in its entirety or has reduced the proposed penalty and adopts the balance of the proposed decision.
(See Exhibit A, #11c)