1. (a) No later than fifteen (15) days after service of the hearing officer's proposed decision on an appeal as provided for in Chapter 5 (commencing with section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, any party to the administrative action may file a written brief served on all parties seeking review by the Attorney General of the proposed decision. Failure of a party to timely file such a brief waives the party's right to such a review.

2. (b) Briefing Procedure

   1. (1) No later than fifteen (15) days after service of the written brief requesting review of the proposed decision, an opposition to the request (if any) must be filed and served on the parties.

   2. (2) Any brief requesting review of the proposed decision, and any opposition brief shall address the following:

      1. (A) Whether the facts stated in the proposed decision are consistent with the evidence presented;
      2. (B) Whether the proposed decision contains an accurate statement and/or application of the law; and,
      3. (C) Whether additional evidence exists that could not, with reasonable diligence, have been discovered and presented at the administrative hearing.

3. (c) Upon completion of the briefing process, the Attorney General may do any of the following:

   1. (1) Adopt the proposed decision in its entirety.
   2. (2) Reduce or otherwise mitigate the proposed decision in its entirety.
   3. (3) Make technical or non-substantive changes, which do not affect the factual or legal basis of the proposed decision, and adopt it as the final decision.
   4. (4) Not adopt the proposed decision. If the proposed decision is not adopted, the Attorney General may decide the case upon the record, including the transcript, or may refer the case back to the hearing officer to take additional evidence. If the case is remanded back to the hearing officer for additional evidence, another proposed decision shall be prepared based upon this additional evidence. The proposed decision shall be subject to the review and adoption procedures set out in these regulations.
4. (d) The proposed decision shall be deemed adopted by the Attorney General 100 days after service of the proposed decision by the hearing officer, unless within that time: (1) the Attorney General notifies the parties that the proposed decision is or is not adopted or is otherwise modified, or (2) the matter is referred to the hearing officer to take additional evidence.
5. (e) The Attorney General may reasonably extend the time limits in subdivisions (a) and (b).

Note: Authority cited: Section 104559.1, Health and Safety Code. Reference: Section 104559.1, Health and Safety Code.

History

1. New section filed 8-25-2025 as an emergency; operative 8-25-2025 (Register 2025, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2026 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 2-18-2026 as an emergency; operative 2-24-2026 (Register 2026, No. 8). A Certificate of Compliance must be transmitted to OAL by 5-26-2026 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 5-21-2026 as an emergency; operative 5-27-2026 (Register 2026, No. 21). A Certificate of Compliance must be transmitted to OAL by 8-19-2026 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 5-21-2026 order, including amendment of subsection (c)(3), transmitted to OAL 5-7-2026 and filed 6-19-2026; amendments effective 6-19-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 25).