California Code of Regulations
Title 1 - General Provisions
Division 2 - Office of Administrative Hearings
Chapter 1 - General APA Hearing Procedures
Section 1040 - Monetary Sanctions
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) The ALJ may order a party, a party's representative or both, to pay reasonable expenses, including attorney's fees, incurred by another party as a result of bad faith actions or tactics that are frivolous or solely intended to cause unnecessary delay.
(b) The ALJ shall not impose sanctions without providing notice and an opportunity to be heard.
(c) The ALJ shall determine the reasonable expenses based upon testimony under oath or a Declaration setting forth specific expenses incurred as a result of the bad faith conduct. An order for sanctions may be made on the record or in writing, setting forth the factual findings on which the sanctions are based.
1. New section
filed 6-30-97 as an interim regulation pursuant to Government Code section
11400.20;
operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98
unless earlier repealed or amended.
2. Interim regulation, including
amendment of subsections (c)(1) and (c)(2), filed 5-19-98 as a permanent
regulation pursuant to Government Code section
11400.20;
operative 5-30-98 pursuant to Government Code section
11343.4(d)
(Register 98, No. 21).
3. Amendment of section heading and section
filed 10-13-2004; operative 12-1-2004 (Register 2004, No. 42).
Note: Authority cited: Section 11370.5(b), Government Code. Reference: Section 128.5, Code of Civil Procedure; and Section 11455.30, Government Code.