Application of Chapter
Cal. GOV § 11410.60
California Statutes
(
a) As used in this section, “quasi-public entity” means an entity, other than a governmental agency, whether characterized by statute as a public corporation, public instrumentality, or otherwise, that is expressly created by statute for the purpose of administration of a state function. (
b) This
chapter applies to an adjudicative proceeding conducted by a quasi-public entity if all of the following conditions are satisfied:
(1) A statute vests the power of decision in the quasi-public entity.
(2) A statute, the United States Constitution, or the California Constitution, requires an evidentiary hearing for determination of facts for formulation and issuance of the decision. Nothing in this
section is intended to create an evidentiary hearing requirement that is not otherwise statutorily or constitutionally imposed.
(3) The decision is not otherwise subject to administrative review in an adjudicative proceeding to which this
chapter applies. (
c) For the purpose of application of this
chapter to a decision by a quasi-public entity: (1) “Agency,” as defined in
Section 11405.30, also includes the quasi-public entity. (2) “Regulation” includes a rule promulgated by the quasi-public entity.
(3) Article 8 (commencing with
Section 11435.05), requiring language assistance in an adjudicative proceeding, applies to a quasi-public entity to the same extent as a state agency under
Section 11018. (
d) This
section shall be strictly construed to effectuate the intent of the Legislature to apply this
chapter only to a decision by a quasi-public entity that is expressly created by statute for the purpose of administration of a state function. (
e) This
section shall not apply to a decision made on authority of an approved plan of operations of a quasi-public entity that is subject to the regulation or supervision of the Insurance Commissioner.