CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z 
RULEMAKING PETITION 
DECISION 
DEPARTMENT OF 
CORRECTIONS AND REHABILITATION 
NOTICE OF DECISION ON PETITION TO 
AMEND REGULATIONS 
Pursuant to Government Code 11340.7 
Petitioner 
Todd Robben, #BE6907 
Department Contact Person 
Please direct any inquiries regarding this action to 
Ying Sun, Chief, Regulation and Policy Management 
Branch, Department of Corrections and Rehabilitation, P.O. Box 942883, Sacramento, CA 94283−0001. 
Availability of Petition 
The petition to amend regulations is available upon 
request directed to the Department’s contact person. 
Authority 
Penal Code Sections: 5054 and 5058 
Provisions of California Code Of Regulations 
Affected: 
Title 15, Crime Prevention and Corrections 
Division 3, Adult Institutions, Programs and Parole 
Summary of Petition and Department Decision: 
Subsection 3375.2(b)(28) 
Petitioner’s Request: Remove Penal Codes (PC) 
422, 646.9, and 192(b) from Subsection 3375.2(b)(28). 
Reason for Request: Petitioner states the California 
Code of Regulations (CCR) is not consistent with PC 667.5(c), is “enlarging” the regulations by adding the 
PC sections listed above in the request, and nonviolent 
crimes should not be included in Subsection 3375.2(b)(28). 
Department’s Response:  Petitioner’s request is de-
nied. The Department does not solely rely upon PC 667.5(c) for the imposition of a VIO administrative de-
terminant. Rather, CCR Section 3375.2(b)(28) autho-
rizes the Department to conduct a comprehensive re-
view to determine whether an inmate’s conviction his-tory represents a greater than usual threat to security and/or public safety than does any other inmate with 
similar case factors. Offenses such as involuntary man-
slaughter, threaten to commit a crime with intent to ter-
rorize, and/or stalking indicate that the inmate may pose 
a significant violent risk to the safety of others, despite these offenses not being listed within Penal Code sec-tion 667.5(c). 
Subsection 3375.2(b)(28) 
Petitioner’s  Request: Fix the incorrect references to 
Subsection 3375.2(b)(29) that occur multiple times in Subsection 3375.2(b)(28). 
Reason for Request: Petitioner states the regulation 
contains a type or is not written properly and must be 
corrected. 
Department’s Response:  The Department does ac-
knowledge a typo in the current published edition of the 
CCR, T itle 15, Section 3375.2(b)(28), which is “Updat-
ed Through June 1, 2018, ” as it incorrectly refers to 
3375.2(b)(29). The typo has been corrected and is ex-pected to accurately depict CCR Section 3375.2(b)(28) 
when the 2019 CCR, T itle 15 edition is published. 
SUMMARY OF REGULATORY 
ACTIONS 
REGULATIONS FILED WITH 
SECRETARY OF STATE 
This Summary of Regulatory Actions lists regula-
tions filed with the Secretary of State on the dates indi-
cated. Copies of the regulations may be obtained by 
contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 
653−7715. Please have the agency name and the date 
filed (see below) when making a request. 
File# 2019−1010−03 AIR RESOURCES BOARD Reporting of Criteria Air Pollutants and Toxic Air Contaminants 
This action establishes a uniform statewide system of 
annual reporting of emissions, criteria pollutants, and toxic air contaminants for stationary sources pursuant to Health and Safety Code section 39607.1. 
Title 17 ADOPT: 93400, 93401, 93402, 93403, 93404, 
93405, 93406, 93407, 93408, 93409, 93410 
Filed 1 1/22/2019 
Effective 01/01/2020 Agency Contact: Bradley Bechtold (916) 322−6533 
File# 2019−1014−02 
AIR RESOURCES BOARD Amendments to the OHRV Red Sticker Program 
This rulemaking action includes provisions to end the 
certification of new “red sticker” of f−highway recre-
ational vehicles (OHRV), end riding restrictions for ex-
isting “red sticker” vehicles, establish new emissions 
1671  
 
 
  
  
 
 
 CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z 
standards for OHRV , and increase incentives for fleet 
emissions averaging and zero emission OHRV. 
Title 13 
AMEND: 2411, 2412, 2415, 2416, 2418, 2419.4 
Filed 1 1/26/2019 
Effective 01/01/2020 Agency Contact: Bradley Bechtold (916) 322−6533 
File# 2019−1017−02 
BOARD OF BEHA VIORAL SCIENCES 
Licensed Educational Psychologist Supervisors; MFT 
Referral Services 
The Board of Behavioral Sciences submitted this ac-
tion without regulatory effect, pursuant to California Code of Regulations, title 1, section 100, to amend four 
regulations and three related incorporated by reference 
forms and to repeal four regulations and one related in-
corporated by reference form. Changes to three of the four amended regulations and to the three related incor-
porated forms are being made to align with recent changes made to the Business and Professions Code concerning requirements for supervisors in A.B. 1651 (Stats.2019, c. 321). The four repealed regulations and 
one related incorporated form are being made because of the repeal of Business and Professions Code section 650.4 in S.B. 1491 (Stats.2018, c. 703). 
Title 16 
AMEND: 1821, 1833.1, 1870, 1887.4.1 
REPEAL: 1889, 1889.1, 1889.2, 1889.3 Filed 1 1/26/2019 
Agency Contact: Christy Berger (916) 574−7817 
File# 2019−1009−02 BOARD OF P AROLE HEARINGS 
Youth Offender Parole Consideration and Application 
of Y outh Factors 
This rulemaking action adopts the process for provid-
ing parole consideration hearings for qualified youth offenders, as defined, including: the process for sched-
uling and conducting the hearings, and the mitigating 
youth offender factors which must be considered in making parole determinations. This action also adopts 
provisions to ensure that inmates who do not qualify as 
youth offenders, but whose controlling offense was 
committed prior to the age of 26, also receive considera-
tion under the same youth offender factors as qualified youth of fenders do. 
Title 15 ADOPT: 2440, 2441, 2442, 2443, 2444, 2445, 2446, 
2447, 2448 
Filed 1 1/20/2019 
Effective 01/01/2020 Agency Contact: Christopher Hoeft (916) 322−6729 File# 2019−1016−03 
CALIFORNIA COASTAL COMMISSION 
Continued Updated of Procedures 
This action by the California Coastal Commission 
makes changes to regulations governing procedures for, 
among other things, application processes, staff reports, 
certification of local plans, and appeals processes. 
Title 14 AMEND: 13032, 13053, 13055, 13056.1, 13057, 13096, 13107, 13108, 13111, 13137, 13149, 13180, 
13181, 13183, 13185, 13190, 13191, 13193, 13248, 
13250, 13253, 13302, 13318, 13333, 13518, 13519, 13544, 13544.5, 13547, 13549, 13551, 13552, 13569, 13573, 13637 
REPEAL: 13025, 13559 Filed 1 1/27/2019 
Effective 01/01/2020 
Agency Contact: Robin Mayer (415) 904−5220 
File# 2019−1114−03 
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING Conflict−of−Interest Code 
This is a Conflict−of−Interest Code that has been ap -
proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and 
printing only. 
Title 2 
AMEND: 10500 
Filed 1 1/20/2019 
Effective 12/20/2019 
Agency Contact: Adam Chayes (916) 565−7109 
File# 2019−1017−01 
DEPARTMENT OF JUSTICE Department of Motor Vehicles Bond Form 
The Department of Justice submitted this file and 
print action to adopt the Business Partner Automation 
Surety Bond for the Department of Motor Vehicles in 
California Code of Regulations, title 11, section 51.33. 
Title 11 ADOPT: 51.33 
Filed 1 1/21/2019 
Effective 1 1/21/2019 
Agency Contact: Cara M. Porter (415) 510−3508 
File# 2019−1023−03 DEPARTMENT OF JUSTICE Conflict−of−Interest Code 
This is a Conflict−of−Interest Code that has been ap -
proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing only. 
1672