California Laws|Section 11425.50.

                                                

11425.50.  

(a) The decision shall be in writing and shall include a statement of the factual and legal basis for the decision.

(b) The statement of the factual basis for the decision may be in the language of, or by reference to, the pleadings. If the statement is no more than mere repetition or paraphrase of the relevant statute or regulation, the statement shall be accompanied by a concise and explicit statement of the
underlying facts of record that support the decision. If the factual basis for the decision includes a determination based substantially on the credibility of a witness, the statement shall identify any specific evidence of the observed demeanor, manner, or attitude of the witness that supports the determination, and on judicial review the court shall give great weight to the determination to the extent the determination identifies the observed demeanor, manner, or attitude of the witness that supports it.

(c) The statement of the factual basis for the decision shall be based exclusively on the evidence of record in the proceeding and on matters officially noticed in the proceeding. The presiding officer’s experience, technical competence, and specialized knowledge may be used in evaluating evidence.

(d) Nothing in this section limits the information that may be contained in the
decision, including a summary of evidence relied on.

(e) A penalty may not be based on a guideline, criterion, bulletin, manual, instruction, order, standard of general application or other rule subject to Chapter 3.5 (commencing with Section 11340) unless it has been adopted as a regulation pursuant to Chapter 3.5 (commencing with Section 11340).

(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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Government Code section 11425.50 “provides a specific method for court review of the administrative agency's determination of credibility.”

  • Name

    2023CUWM011026 JONATHAN EGELSTON VS CALIFORNIA STATE PERSONNEL ...

  • Case No.

    2023CUWM011026

  • Hearing

    Mar 11, 2024

Respondent argues that instead, the Court does not need to give “any special weight to the credibility determinations of the ALJ” if the ALJ does not make findings pursuant to Government section 11425.50. Thus, while the ALJ’s credibility determination is not entitled to great weight, Respondent argues the Court should still give it weight, and that the record as viewed in the light most favorable to the decision supports the ALJ’s credibility determination.

  • Name

    MOHAMMED SHAMEL VS. CALIFORNIA STATE PERSONNEL BOARD

  • Case No.

    34-2018-80003011-CU-WM-GDS

  • Hearing

    Jun 16, 2020

Second, the plain language of section 11425.50 provides the only credibility determinations entitled to great weight are those based on the ALJ’s observations. If the ALJ’s credibility determination is based on something other than her observation of the witness, it is not entitled to great weight pursuant to section 11425.50. In Patterson Flying Service v.

  • Name

    ERIC G SWALLOW VS. CALIFORNIA GAMBLING CONTROL COMMISSION

  • Case No.

    34-2016-80002402-CU-WM-GDS

  • Hearing

    Nov 02, 2018

On judging the credibility of witnesses, under Government Code section 11425.50(b), the administrative agency’s decision “shall identify any specific evidence of the observed demeanor, manner, or attitude of the witness that supports the determination and on judicial review the court shall give great weight to the determination to the extent the determination identifies the observed demeanor, manner, or attitude of the witness that supports it.” (Emphasis supplied.)

  • Name

    MARTINEZ V. CALIFORNIA DEPARTMENT OF MOTOR VEHICLES

  • Case No.

    VCU 272770

  • Hearing

    Jun 11, 2018

The Board did not Fail to Proceed in the Manner Required by Law: Petitioner challenges the Boards finding that Petitioner was not credible under Government Code section 11425.50.

  • Name

    POOJA KHUNGAR, MD VS MEDICAL BOARD OF CALIFORNIA

  • Case No.

    20STCP00008

  • Hearing

    Oct 26, 2022

  • County

    Los Angeles County, CA

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