11405.10-11405.80

GOVERNMENT CODE
SECTION 11405.10-11405.80




11405.10.  Unless the provision or context requires otherwise, the
definitions in this article govern the construction of this chapter.



11405.20.  "Adjudicative proceeding" means an evidentiary hearing
for determination of facts pursuant to which an agency formulates and
issues a decision.


11405.30.  "Agency" means a board, bureau, commission, department,
division, office, officer, or other administrative unit, including
the agency head, and one or more members of the agency head or agency
employees or other persons directly or indirectly purporting to act
on behalf of or under the authority of the agency head. To the extent
it purports to exercise authority pursuant to this chapter, an
administrative unit otherwise qualifying as an agency shall be
treated as a separate agency even if the unit is located within or
subordinate to another agency.



11405.40.  "Agency head" means a person or body in which the
ultimate legal authority of an agency is vested, and includes a
person or body to which the power to act is delegated pursuant to
authority to delegate the agency's power to hear and decide.




11405.50.  (a) "Decision" means an agency action of specific
application that determines a legal right, duty, privilege, immunity,
or other legal interest of a particular person.
   (b) Nothing in this section limits any of the following:
   (1) The precedential effect of a decision under Section 11425.60.
   (2) The authority of an agency to make a declaratory decision
pursuant to Article 14 (commencing with Section 11465.10).



11405.60.  "Party" includes the agency that is taking action, the
person to which the agency action is directed, and any other person
named as a party or allowed to appear or intervene in the proceeding.
If the agency that is taking action and the agency that is
conducting the adjudicative proceeding are separate agencies, the
agency that is taking action is a party and the agency that is
conducting the adjudicative proceeding is not a party.



11405.70.  "Person" includes an individual, partnership,
corporation, governmental subdivision or unit of a governmental
subdivision, or public or private organization or entity of any
character.



11405.80.  "Presiding officer" means the agency head, member of the
agency head, administrative law judge, hearing officer, or other
person who presides in an adjudicative proceeding.