California Public Utilities Code

§ 1701.2

PUC § 1701.2 Effective Jan 1, 2019Div. 1 · Part 1 · Ch. 9 · Art. 1

Statute text

(a)This section shall apply to adjudication cases only.

(b)If the commissioner assigned pursuant to subdivision (b) of Section 1701.1 has determined that an adjudication case requires a hearing, the assigned commissioner or the assigned administrative law judge shall hear the case in the manner described in the scoping memo. The scoping memo shall designate whether the assigned commissioner or the assigned administrative law judge shall preside in the case.

(c)The commission shall provide by rule for peremptory challenges and challenges for cause of the administrative law judge. Challenges for cause shall include, but not be limited to, financial interests and prejudice. The rule shall provide that all parties are entitled to one peremptory challenge of the assignment of the administrative law judge in all cases. All parties are entitled to unlimited peremptory challenges in any case in which the administrative law judge has within the previous 12 months served in any capacity in an advocacy position at the commission, been employed by a regulated public utility, or has represented a party or has been an interested person in the case.

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Legislative history

Amended by Stats. 2018, Ch. 519, Sec. 2. (SB 1358) Effective January 1, 2019.