Added by Stats. 1998, Ch. 95, Sec. 1. Effective January 1, 1999.
The rules imposed by this article may be referred to as the Administrative Adjudication Code of Ethics.
Article 16 - Administrative Adjudication Code of Ethics
California Government Code — §§ 11475-11475.70
Sections (8)
Added by Stats. 1998, Ch. 95, Sec. 1. Effective January 1, 1999.
(a)This article applies to the following persons:
(1)An administrative law judge. As used in this subdivision, “administrative law judge” means an incumbent of that position, as defined by the State Personnel Board, for each class specification for Administrative Law Judge.
(2)A presiding officer to which this article is made applicable by statute or regulation.
(b)This article shall apply notwithstanding any general statutory provision that this chapter does not apply to some or all of a state agency’s adjudicative proceedings.
Added by Stats. 1998, Ch. 95, Sec. 1. Effective January 1, 1999.
Except as otherwise provided in this article, the Code of Judicial Ethics adopted by the Supreme Court pursuant to subdivision (m) of Section 18 of Article VI of the California Constitution for the conduct of judges governs the hearing and nonhearing conduct of an administrative law judge or other presiding officer to which this article applies.
Added by Stats. 1998, Ch. 95, Sec. 1. Effective January 1, 1999.
For the purpose of this article, the following terms used in the Code of Judicial Ethics have the meanings provided in this section:
(a)“Appeal” means administrative review.
(b)“Court” means the agency conducting an adjudicative proceeding.
(c)“Judge” means administrative law judge or other presiding officer to which this article applies. Related terms, including
“judicial,” “judiciary,” and “justice,” mean comparable concepts in administrative adjudication.
(d)“Law” includes regulation and precedent decision.
Added by Stats. 1998, Ch. 95, Sec. 1. Effective January 1, 1999.
The following provisions of the Code of Judicial Ethics do not apply under this article:
(a)Canon 3B(7), to the extent it relates to ex parte communications.
(b)Canon 3B(10).
(c)Canon 3D(3).
(d)Canon 4C.
(e)Canons 4E(1), 4F, and
4G.
(f)Canons 5A–5D. However, the introductory paragraph of Canon 5 applies to persons subject to this article notwithstanding Chapter 9.5 (commencing with Section 3201) of Division 4 of Title 1, relating to political activities of public employees.
(g)Canon 6.
Added by Stats. 1998, Ch. 95, Sec. 1. Effective January 1, 1999.
A violation of an applicable provision of the Code of Judicial Ethics, or a violation of the restrictions and prohibitions on accepting honoraria, gifts, or travel that otherwise apply to elected state officers pursuant to Chapter 9.5 (commencing with Section 89500) of Title 9, by an administrative law judge or other presiding officer to which this article applies is cause for discipline by the employing agency pursuant to Section 19572.
Added by Stats. 1998, Ch. 95, Sec. 1. Effective January 1, 1999.
(a)Except as provided in subdivision (b), a person to whom this article applies shall comply immediately with all applicable provisions of the Code of Judicial Ethics.
(b)A person to whom this article applies shall comply with Canon 4D(2) of the Code of Judicial Ethics as soon as reasonably possible and shall do so in any event within a period of one year after the article becomes applicable.
Added by Stats. 1998, Ch. 95, Sec. 1. Effective January 1, 1999.
Nothing in this article shall be construed or is intended to limit or affect the rights of an administrative law judge or other presiding officer under Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1.