Subject to Section 11445.30, an agency may use an informal hearing procedure in any of the following proceedings, if in the circumstances its use does not violate another statute or the federal or state Constitution:
(a) A proceeding where there is no disputed issue of material fact.
(b) A proceeding where there is a disputed issue of material fact, if the matter is limited to any of the following:
(1) A monetary amount of not more than one thousand dollars ($1,000).
(2) A disciplinary sanction against a student that does not involve expulsion from an academic institution or suspension for more than 10 days.
(3) A disciplinary sanction against an employee that does not involve discharge from employment, demotion, or suspension for more than 5 days.
(4) A disciplinary sanction against a licensee that does not involve an actual revocation of a license or an actual suspension of a license for more than five days. Nothing in this section precludes an agency from imposing a stayed revocation or a stayed suspension of a license in an informal hearing.
(c) A proceeding where, by regulation, the agency has authorized use of an informal hearing.
(d) A proceeding where an evidentiary hearing for determination of facts is not required by statute but where the agency determines the federal or state Constitution may require a hearing.
(Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
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