Procedures for Enforcement

Specialized provisions and procedures have been made by the Legislature for state agencies to make their own rules/regulations as well as procedures by which those administrative regulations are to be enforced by state agencies. Courts do not have the knowledge of the subject matter state agencies are charged with enforcing, the legislature decided for matters of convenience or more efficient administration to withhold initial determination of the matters from the courts. 

The Administrative Procedure Act was created in 1945 specifically to try to unify the procedures used to enforce the rules and regulations of the different state agencies.

When statutes require a particular class of controversies to be submitted first to an administrative agency as a prerequisite to judicial consideration, and the parties reasonably dispute whether their case falls into that category, it lies within the agency’s power to determine in the first instance, and before judicial relief may be obtained, whether the controversy falls within the agency’s statutory grant of jurisdiction.

This is a diagram I created to try to illustrate the statutory procedures for enforcement of the Title 10 Bail Licensing Regulations. These procedures also apply generally to any California Insurance Agent.

The diagram below illustrates formal procedures under the Administrative Procedure Act.