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The California Government contains a code of ethics for administrative adjudications in Title 2, Division 3, Part 1, Chapter 4.5, Article 10. Section 11475 provides that the rules imposed by this article may be referred to as the Administrative Adjudication Code of Ethics.
Section 11475.10 applies Article 10 to an administrative law judge and a presiding officer. This article applies notwithstanding any general statutory provision that this chapter does not apply to some or all of a state agency’s adjudicative proceedings.
Section 11475.20 specifies that the Code of Judicial Ethics adopted by the Supreme Court for the conduct of judges governs the hearing and non-hearing conduct of an administrative law judge or other presiding officer to which this article applies.
Section 11475.30 defines the following terms used in the Code of Judicial Ethics: “appeal,” “court,” “judge,” and “law.”
Section 11475.40 states that specified provisions of the Code of Judicial Ethics do not apply under this article:
- Canon 3B(7), to the extent it relates to ex parte communications.
- Canon 3B(10).
- Canon 3D(3).
- Canon 4C.
- Canons 4E(1), 4F, and 4G.
- Canons 5A–5D.
- Canon 6.
Section 11475.50 provides that 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, by an administrative law judge or other presiding officer is cause for discipline by the employing agency.
Section 11475.60 requires a person to whom this article applies is to comply immediately with all applicable provisions of the Code of Judicial Ethics.
Section 11475.70 does not limit or affect the rights of an administrative law judge or other presiding officer.
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Author: Chris Micheli
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