[weishaupt1776]

California(BT's petition-point 11)

1. According to CGC §§ 11400, 11410.20 & 11410.50, The executive branch departments within the California Business, Transportation & Housing agency, hereafter collectively, "Agency," which are not expressly exempted nor are there statutes relating to the proceedings that provide otherwise, must abide by the Administrative Procedures Act, "APA":
   • 
     11410.10. This chapter applies to a decision by an agency if, under the federal or state Constitution or a federal or state statute, an evidentiary hearing for determination of facts is required for formulation and issuance of the decision.
     
     11410.20. Except as otherwise expressly provided by statute:
     (a) This chapter applies to all agencies of the state.
     (b) This chapter does not apply to the Legislature, the courts or judicial branch, or the Governor or office of the Governor.
   • 
     11410.50. This chapter applies to an adjudicative proceeding
     required to be conducted under Chapter 5 (commencing with Section 11500) unless the statutes relating to the proceeding provide otherwise.

Florida

• 
  120.50 Exception to application of chapter.--This chapter shall not apply to:
  
  (1)**The Legislature.
  
  (2)**The courts
  
  120.63 Exemption from act.--
  
  (1)**Upon application of any agency, the Administration Commission may exempt any process or proceeding governed by this act from one or more requirements of this act:

California(BT's petition-point 14)

1. The agency is required to conduct adjudicative hearings for actions undertaken within the purview of its authority (contested cases) where a state statute or an inalienable right (to travel) is in
   question. See CGC §§11410.10, 11410.60(b)(2), 11512 .
   • 
     11410.60.(b) This chapter applies to an adjudicative proceeding conducted
     by a quasi-public entity if all of the following conditions are
     satisfied:
     (2) A statute, the United States Constitution, or the California Constitution, requires an evidentiary hearing for determination of facts for formulation and issuance of the decision. Nothing in this section is intended to create an evidentiary hearing requirement that is not otherwise statutorily or constitutionally imposed.
   • 
     11512. (a) Every hearing in a contested case shall be presided over by an administrative law judge. The agency itself shall determine whether the administrative law judge is to hear the case alone or whether the agency itself is to hear the case with the administrative law judge.

Florida

• 120.569 Decisions which affect substantial interests.--
  
  (1)The provisions of this section apply in all proceedings in which the substantial interests of a party are determined by an agency
  
  120.57 *
  
  120.69*Enforcement of agency action a)**Any agency may seek enforcement of an action by filing a petition for enforcement, as provided in this section, in the circuit court where the subject matter of the enforcement is located.

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