reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 5 - Public Participation: Procedure for Adoption of Regulations › Section 11346.45.

11346.45. (a) In order to increase public participation and improve the quality of regulations, state agencies proposing to adopt regulations shall, prior to publication of the notice required by Section 11346.5, involve parties who would be subject to the proposed regulations in public discussions regarding those proposed regulations, when the proposed regulations involve complex proposals or a large number of proposals that cannot easily be reviewed during the comment period.
(b) This section does not apply to a state agency in any instance where that state agency is required to implement federal law and regulations for which there is little or no discretion on the part of the state to vary.
(c) If the agency does not or cannot comply with the provisions of subdivision (a), it shall state the reasons for noncompliance with reasonable specificity in the rulemaking record.
(d) The provisions of this section shall not be subject to judicial review or to the provisions of Section 11349.1.
(Added by Stats. 2000, Ch. 1059, Sec. 12. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 5 - Public Participation: Procedure for Adoption of Regulations › Section 11346.7.

11346.7. The office shall maintain a link on its website to the website maintained by the Small Business Advocate that also includes the telephone number of the Small Business Advocate.
(Added by Stats. 2000, Ch. 1059, Sec. 15. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 5 - Public Participation: Procedure for Adoption of Regulations › Section 11347.

11347. (a) If, after publication of a notice of proposed action pursuant to Section 11346.4, but before the notice of proposed action becomes ineffective pursuant to subdivision (b) of that section, an agency decides not to proceed with the proposed action, it shall deliver notice of its decision to the office for publication in the California Regulatory Notice Register.
(b) Publication of a notice under this section terminates the effect of the notice of proposed action referred to in the notice. Nothing in this section precludes an agency from proposing a new regulatory action that is similar or identical to a regulatory action that was previously the subject of a notice published under this section.
(Added by Stats. 2000, Ch. 1059, Sec. 17. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 5 - Public Participation: Procedure for Adoption of Regulations › Section 11347.

11347. (a) If, after publication of a notice of proposed action pursuant to Section 11346.4, but before the notice of proposed action becomes ineffective pursuant to subdivision (b) of that section, an agency decides not to proceed with the proposed action, it shall deliver notice of its decision to the office for publication in the California Regulatory Notice Register.
(b) Publication of a notice under this section terminates the effect of the notice of proposed action referred to in the notice. Nothing in this section precludes an agency from proposing a new regulatory action that is similar or identical to a regulatory action that was previously the subject of a notice published under this section.
(Added by Stats. 2000, Ch. 1060, Sec. 28. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 5 - Public Participation: Procedure for Adoption of Regulations › Section 11347.1.

11347.1. (a) An agency that adds any technical, theoretical, or empirical study, report, or similar document to the rulemaking file after publication of the notice of proposed action and relies on the document in proposing the action shall make the document available as required by this section.
(b) At least 15 calendar days before the proposed action is adopted by the agency, the agency shall mail to all of the following persons a notice identifying the added document and stating the place and business hours that the document is available for public inspection:
(1) Persons who testified at the public hearing.
(2) Persons who submitted written comments at the public hearing.
(3) Persons whose comments were received by the agency during the public comment period.
(4) Persons who requested notification from the agency of the availability of changes to the text of the proposed regulation.
(c) The document shall be available for public inspection at the location described in the notice for at least 15 calendar days before the proposed action is adopted by the agency.
(d) Written comments on the document or information received by the agency during the availability period shall be summarized and responded to in the final statement of reasons as provided in Section 11346.9.
(e) The rulemaking file shall contain a statement confirming that the agency complied with the requirements of this section and stating the date on which the notice was mailed.
(f) If there are no persons in categories listed in subdivision (b), then the rulemaking file shall contain a confirming statement to that effect.
(Added by Stats. 2000, Ch. 1060, Sec. 29. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 5 - Public Participation: Procedure for Adoption of Regulations › Section 11348.

11348. Each agency subject to this chapter shall keep its rulemaking records on all of that agency’s pending rulemaking actions, in which the notice has been published in the California Regulatory Notice Register, current and in one central location.
(Added by Stats. 2000, Ch. 1059, Sec. 19. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 6 - Review of Proposed Regulations › Section 11349.

11349. The following definitions govern the interpretation of this chapter:
(a) “Necessity” means the record of the rulemaking proceeding demonstrates by substantial evidence the need for a regulation to effectuate the purpose of the statute, court decision, or other provision of law that the regulation implements, interprets, or makes specific, taking into account the totality of the record. For purposes of this standard, evidence includes, but is not limited to, facts, studies, and expert opinion.
(b) “Authority” means the provision of law which permits or obligates the agency to adopt, amend, or repeal a regulation.
(c) “Clarity” means written or displayed so that the meaning of regulations will be easily understood by those persons directly affected by them.
(d) “Consistency” means being in harmony with, and not in conflict with or contradictory to, existing statutes, court decisions, or other provisions of law.
(e) “Reference” means the statute, court decision, or other provision of law which the agency implements, interprets, or makes specific by adopting, amending, or repealing a regulation.
(f) “Nonduplication” means that a regulation does not serve the same purpose as a state or federal statute or another regulation. This standard requires that an agency proposing to amend or adopt a regulation must identify any state or federal statute or regulation which is overlapped or duplicated by the proposed regulation and justify any overlap or duplication. This standard is not intended to prohibit state agencies from printing relevant portions of enabling legislation in regulations when the duplication is necessary to satisfy the clarity standard in paragraph (3) of subdivision (a) of Section 11349.1. This standard is intended to prevent the indiscriminate incorporation of statutory language in a regulation.
(Amended by Stats. 2000, Ch. 1060, Sec. 31. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 6 - Review of Proposed Regulations › Section 11349.1.5.

11349.1.5. (a) The Department of Finance and the office shall, from time to time, review the standardized regulatory impact analyses required by subdivision (c) of Section 11346.3 and submitted to the office pursuant to Section 11347.3, for adherence to the regulations adopted by the department pursuant to Section 11346.36.
(b) On or before November 1, 2015, the office shall submit to the Senate and Assembly Committees on Governmental Organization a report describing the extent to which submitted standardized regulatory impact analyses for proposed major regulations adhere to the regulations adopted pursuant to Section 11346.36. The report shall include a discussion of agency adherence to the regulations as well as a comparison between various state agencies on the question of adherence. The report may also include any recommendations from the office for actions the Legislature might consider for improving state agency performance.
(c) In addition to the report required by subdivision (b), the office may notify the Legislature of noncompliance by a state agency with the regulations adopted pursuant to Section 11346.36, in any manner or form determined by the office.
(Added by Stats. 2011, Ch. 496, Sec. 10. (SB 617) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 6 - Review of Proposed Regulations › Section 11349.2.

11349.2. An agency may add material to a rulemaking file that has been submitted to the office for review pursuant to this article if addition of the material does not violate other requirements of this chapter.
(Added by Stats. 2000, Ch. 1060, Sec. 33. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 6 - Review of Proposed Regulations › Section 11349.3.

11349.3. (a) The office shall either approve a regulation submitted to it for review and transmit it to the Secretary of State for filing or disapprove it within 30 working days after the regulation has been submitted to the office for review. If the office fails to act within 30 days, the regulation shall be deemed to have been approved and the office shall transmit it to the Secretary of State for filing.
(b) If the office disapproves a regulation, it shall return it to the adopting agency within the 30-day period specified in subdivision (a) accompanied by a notice specifying the reasons for disapproval. Within seven calendar days of the issuance of the notice, the office shall provide the adopting agency with a written decision detailing the reasons for disapproval. No regulation shall be disapproved except for failure to comply with the standards set forth in Section 11349.1 or for failure to comply with this chapter.
(c) If an agency determines, on its own initiative, that a regulation submitted pursuant to subdivision (a) should be returned by the office prior to completion of the office’s review, it may request the return of the regulation. All requests for the return of a regulation shall be memorialized in writing by the submitting agency no later than one week following the request. Any regulation returned pursuant to this subdivision shall be resubmitted to the office for review within the one-year period specified in subdivision (b) of Section 11346.4 or shall comply with Article 5 (commencing with Section 11346) prior to resubmission.
(d) The office shall not initiate the return of a regulation pursuant to subdivision (c) as an alternative to disapproval pursuant to subdivision (b).
(Amended by Stats. 1992, Ch. 1306, Sec. 2. Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 6 - Review of Proposed Regulations › Section 11349.4.

11349.4. (a) A regulation returned to an agency because of failure to meet the standards of Section 11349.1, because of an agency’s failure to comply with this chapter may be rewritten and resubmitted within 120 days of the agency’s receipt of the written opinion required by subdivision (b) of Section 11349.3 without complying with the notice and public hearing requirements of Sections 11346.4, 11346.5, and 11346.8 unless the substantive provisions of the regulation have been significantly changed. If the regulation has been significantly changed or was not submitted within 120 days of receipt of the written opinion, the agency shall comply with Article 5 (commencing with Section 11346) and readopt the regulation. The director of the office may, upon a showing of good cause, grant an extension to the 120-day time period specified in this subdivision.
(b) Upon resubmission of a disapproved regulation to the office pursuant to subdivision (a), the office shall only review the resubmitted regulation for those reasons expressly identified in the written opinion required by subdivision (b) of Section 11349.3, or for those issues arising as a result of a substantial change to a provision of the resubmitted regulation or as a result of intervening statutory changes or intervening court orders or decisions.
(c) When an agency resubmits a withdrawn or disapproved regulation to the office it shall identify the prior withdrawn or disapproved regulation by date of submission to the office, shall specify the portion of the prior rulemaking record that should be included in the resubmission, and shall submit to the office a copy of the prior rulemaking record if that record has been returned to the agency by the office.
(d) The office shall expedite the review of a regulation submitted without significant substantive change.
(Amended by Stats. 1987, Ch. 1375, Sec. 20.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 6 - Review of Proposed Regulations › Section 11349.5.

11349.5. (a) To initiate a review of a decision by the office, the agency shall file a written Request for Review with the Governor’s Legal Affairs Secretary within 10 days of receipt of the written opinion provided by the office pursuant to subdivision (b) of Section 11349.3. The Request for Review shall include a complete statement as to why the agency believes the decision is incorrect and should be overruled. Along with the Request for Review, the agency shall submit all of the following:
(1) The office’s written decision detailing the reasons for disapproval required by subdivision (b) of Section 11349.3.
(2) Copies of all regulations, notices, statements, and other documents which were submitted to the office.
(b) A copy of the agency’s Request for Review shall be delivered to the office on the same day it is delivered to the Governor’s office. The office shall file its written response to the agency’s request with the Governor’s Legal Affairs Secretary within 10 days and deliver a copy of its response to the agency on the same day it is delivered to the Governor’s office.
(c) The Governor’s office shall provide the requesting agency and the office with a written decision within 15 days of receipt of the response by the office to the agency’s Request for Review. Upon receipt of the decision, the office shall publish in the California Regulatory Notice Register the agency’s Request for Review, the office’s response thereto, and the decision of the Governor’s office.
(d) The time requirements set by subdivisions (a) and (b) may be shortened by the Governor’s office for good cause.
(e) The Governor may overrule the decision of the office disapproving a proposed regulation, an order repealing an emergency regulation adopted pursuant to subdivision (b) of Section 11346.1, or a decision refusing to allow the readoption of an emergency regulation pursuant to Section 11346.1. In that event, the office shall immediately transmit the regulation to the Secretary of State for filing.
(f) Upon overruling the decision of the office, the Governor shall immediately transmit to the Committees on Rules of both houses of the Legislature a statement of his or her reasons for overruling the decision of the office, along with copies of the adopting agency’s initial statement of reasons issued pursuant to Section 11346.2 and the office’s statement regarding the disapproval of a regulation issued pursuant to subdivision (b) of Section 11349.3. The Governor’s action and the reasons therefor shall be published in the California Regulatory Notice Register.
(Amended by Stats. 1995, Ch. 938, Sec. 15.6. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 6 - Review of Proposed Regulations › Section 11349.6.

11349.6. (a) If the adopting agency has complied with Sections 11346.2 to 11347.3, inclusive, prior to the adoption of the regulation as an emergency, the office shall approve or disapprove the regulation in accordance with this article.
(b) Emergency regulations adopted pursuant to subdivision (b) of Section 11346.1 shall be reviewed by the office within 10 calendar days after their submittal to the office. After posting a notice of the filing of a proposed emergency regulation on its Internet Web site, the office shall allow interested persons five calendar days to submit comments on the proposed emergency regulations unless the emergency situation clearly poses such an immediate serious harm that delaying action to allow public comment would be inconsistent with the public interest. The office shall disapprove the emergency regulations if it determines that the situation addressed by the regulations is not an emergency, or if it determines that the regulation fails to meet the standards set forth in Section 11349.1, or if it determines the agency failed to comply with Section 11346.1.
(c) If the office considers any information not submitted to it by the rulemaking agency when determining whether to file emergency regulations, the office shall provide the rulemaking agency with an opportunity to rebut or comment upon that information.
(d) Within 30 working days of the filing of a certificate of compliance, the office shall review the regulation and hearing record and approve or order the repeal of an emergency regulation if it determines that the regulation fails to meet the standards set forth in Section 11349.1, or if it determines that the agency failed to comply with this chapter.
(Amended by Stats. 2006, Ch. 713, Sec. 4. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 7 - Review of Existing Regulations › Section 11349.9.

11349.9. (a) To initiate a review of the office’s Notice of Repeal pursuant to Section 11349.8, the agency shall appeal the office’s decision by filing a written Request for Review with the Governor’s Legal Affairs Secretary within 10 days of receipt of the Notice of Repeal and written decision provided for by paragraph (2) of subdivision (d) of Section 11349.8. The Request for Review shall include a complete statement as to why the agency believes the decision is incorrect and should be overruled. Along with the Request for Review, the agency shall submit all of the following:
(1) The office’s written opinion detailing the reasons for repeal required by paragraph (2) of subdivision (d) of Section 11349.8.
(2) Copies of all statements and other documents that were submitted to the office.
(b) A copy of the agency’s Request for Review shall be delivered to the office on the same day it is delivered to the Governor’s office. The office shall file its written response to the agency’s request with the Governor’s Legal Affairs Secretary within 10 days, and deliver a copy of its response to the agency on the same day it is delivered to the Governor’s office.
(c) The Governor’s office shall provide the requesting agency and the office with a written decision within 15 days of receipt of the response by the office to the agency’s Request for Review. Upon receipt of the decision, the office shall publish in the California Regulatory Notice Register the agency’s Request for Review, the office’s response thereto, and the decision of the Governor’s office.
(d) The time requirements set by subdivisions (a) and (b) may be shortened by the Governor’s office for good cause.
(e) In the event the Governor overrules the decision of the office, the office shall immediately transmit the regulation to the Secretary of State for filing.
(f) Upon overruling the decision of the office, the Governor shall transmit to the rules committees of both houses of the Legislature a statement of the reasons for overruling the decision of the office.
(Amended by Stats. 1995, Ch. 938, Sec. 15.7. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 8 - Judicial Review › Section 11350.

11350. (a) Any interested person may obtain a judicial declaration as to the validity of any regulation or order of repeal by bringing an action for declaratory relief in the superior court in accordance with the Code of Civil Procedure. The right to judicial determination shall not be affected by the failure either to petition or to seek reconsideration of a petition filed pursuant to Section 11340.7 before the agency promulgating the regulation or order of repeal. The regulation or order of repeal may be declared to be invalid for a substantial failure to comply with this chapter, or, in the case of an emergency regulation or order of repeal, upon the ground that the facts recited in the finding of emergency prepared pursuant to subdivision (b) of Section 11346.1 do not constitute an emergency within the provisions of Section 11346.1.
(b) In addition to any other ground that may exist, a regulation or order of repeal may be declared invalid if either of the following exists:
(1) The agency’s determination that the regulation is reasonably necessary to effectuate the purpose of the statute, court decision, or other provision of law that is being implemented, interpreted, or made specific by the regulation is not supported by substantial evidence.
(2) The agency declaration pursuant to paragraph (8) of subdivision (a) of Section 11346.5 is in conflict with substantial evidence in the record.
(c) The approval of a regulation or order of repeal by the office or the Governor’s overruling of a decision of the office disapproving a regulation or order of repeal shall not be considered by a court in any action for declaratory relief brought with respect to a regulation or order of repeal.
(d) In a proceeding under this section, a court may only consider the following evidence:
(1) The rulemaking file prepared under Section 11347.3.
(2) The finding of emergency prepared pursuant to subdivision (b) of Section 11346.1.
(3) An item that is required to be included in the rulemaking file but is not included in the rulemaking file, for the sole purpose of proving its omission.
(4) Any evidence relevant to whether a regulation used by an agency is required to be adopted under this chapter.
(Amended by Stats. 2006, Ch. 713, Sec. 5. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 8 - Judicial Review › Section 11350.3.

11350.3. Any interested person may obtain a judicial declaration as to the validity of a regulation or order of repeal which the office has disapproved pursuant to Section 11349.3, or 11349.6, or of a regulation that has been ordered repealed pursuant to Section 11349.7 by bringing an action for declaratory relief in the superior court in accordance with the Code of Civil Procedure. The court may declare the regulation valid if it determines that the regulation meets the standards set forth in Section 11349.1 and that the agency has complied with this chapter. If the court so determines, it may order the office to immediately file the regulation with the Secretary of State.
(Amended by Stats. 2000, Ch. 1060, Sec. 36. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 9 - Special Procedures › Section 11351.

11351. (a) Except as provided in subdivision (b), Article 5 (commencing with Section 11346), Article 6 (commencing with Section 11349), Article 7 (commencing with Section 11349.7), and Article 8 (commencing with Section 11350) shall not apply to the Public Utilities Commission or the Workers’ Compensation Appeals Board, and Article 3 (commencing with Section 11343) and Article 4 (commencing with Section 11344) shall apply only to the rules of procedure of these state agencies.
(b) The Public Utilities Commission and the Workers’ Compensation Appeals Board shall comply with paragraph (5) of subdivision (a) of Section 11346.4 with respect to regulations that are required to be filed with the Secretary of State pursuant to Section 11343.
(c) Article 8 (commencing with Section 11350) shall not apply to the Division of Workers’ Compensation.
(Amended by Stats. 1996, Ch. 14, Sec. 1. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 9 - Special Procedures › Section 11352.

11352. The following actions are not subject to this chapter:
(a) The issuance, denial, or waiver of any water quality certification as authorized under Section 13160 of the Water Code.
(b) The issuance, denial, or revocation of waste discharge requirements and permits pursuant to Sections 13263 and 13377 of the Water Code and waivers issued pursuant to Section 13269 of the Water Code.
(c) The development, issuance, and use of the guidance document pursuant to Section 13383.7 of the Water Code.
(d) The issuance of an order pursuant to Section 116400 of the Health and Safety Code.
(e) The issuance of a notification level, response level, or definition of a confirmed detection under Section 116455 of the Health and Safety Code.
(f) The issuance of an order or directive requiring the submittal of technical reports pursuant to Section 116530 of the Health and Safety Code.
(Amended by Stats. 2021, Ch. 187, Sec. 1. (SB 776) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 9 - Special Procedures › Section 11354.

11354. Sections 11352 and 11353 do not affect any court’s determination, relating to the applicability of this chapter to any provision of a policy, plan, or guideline, in a civil action which was pending on June 1, 1992, and on that date included a challenge to a provision of a policy, plan, or guideline on the grounds that it has not been adopted in accordance with this chapter.
(Added by Stats. 1992, Ch. 1112 (Sec. 3). Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 9 - Special Procedures › Section 11356.

11356. (a) Article 6 (commencing with Section 11349) is not applicable to a building standard.
(b) Article 5 (commencing with Section 11346) is applicable to those building standards, except that the office shall not disapprove those building standards nor refuse to publish any notice of proposed building standards if either has been approved by, and submitted to, the office by the California Building Standards Commission pursuant to Section 18935 of the Health and Safety Code.
(Amended by Stats. 2000, Ch. 1060, Sec. 38. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 9 - Special Procedures › Section 11357.

11357. (a) The Department of Finance shall adopt and update, as necessary, instructions for inclusion in the State Administrative Manual prescribing the methods that an agency subject to this chapter shall use in making the determinations and the estimates of fiscal or economic impact required by Sections 11346.2, 11346.3, and 11346.5. The instructions shall include, but need not be limited to, the following:
(1) Guidelines governing the types of data or assumptions, or both, that may be used, and the methods that shall be used, to calculate the estimate of the cost or savings to public agencies mandated by the regulation for which the estimate is being prepared.
(2) The types of direct or indirect costs and savings that should be taken into account in preparing the estimate.
(3) The criteria that shall be used in determining whether the cost of a regulation must be funded by the state pursuant to Section 6 of Article XIII B of the California Constitution and Part 7 (commencing with Section 17500) of Division 4.
(4) The format the agency preparing the estimate shall follow in summarizing and reporting its estimate of the cost or savings to state and local agencies, school districts, and in federal funding of state programs that will result from the regulation and its estimate of the economic impact that will result from the regulation.
(b)  An action by the Department of Finance to adopt and update, as necessary, instructions to any state or local agency for the preparation, development, or administration of the state budget, or instructions to a state agency on the preparation of an economic impact estimate or assessment of a proposed regulation, including any instructions included in the State Administrative Manual, shall be exempt from this chapter.
(c) The Department of Finance may review an estimate prepared pursuant to this section for content including, but not limited to, the data and assumptions used in its preparation.
(Amended by Stats. 2014, Ch. 779, Sec. 3. (AB 1711) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 9 - Special Procedures › Section 11359.

11359. (a) Except as provided in subdivision (b), on and after January 1, 1982, no new regulation, or the amendment or repeal of any regulation, which regulation is intended to promote fire and panic safety or provide fire protection and prevention, including fire suppression systems, equipment, or alarm regulation, is valid or effective unless it is submitted by, or approved in writing by, the State Fire Marshal before transmittal to the Secretary of State or the Office of Administrative Law.
(b) Approval of the State Fire Marshal is not required if the regulation is expressly required to be at least as effective as federal standards published in the Federal Register pursuant to Section 6 of the Occupational Safety and Health Act of 1970 (P.L. 91-596) within the time period specified by federal law and as provided in subdivision (b) of Section 142.4 of the Labor Code, and as approved by the Occupational Safety and Health Administration of the United States Department of Labor as meeting the requirements of subdivision (a) of Section 142.3 of the Labor Code, unless the regulation is determined by the State Fire Marshal to be less effective in promoting fire and panic safety than regulations adopted by the State Fire Marshal.
(Added by renumbering Section 11342.3 by Stats. 1994, Ch. 1039, Sec. 10. Effective January 1, 1995.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 3.5 - Administrative Regulations and Rulemaking › ARTICLE 9 - Special Procedures › Section 11361.

11361. This chapter does not apply to the adoption or revision of regulations, guidelines, or criteria to implement the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act) (Chapter 1.692 (commencing with Section 5096.300) of Division 5 of the Public Resources Code), the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Chapter 1.696 (commencing with Section 5096.600) of Division 5 of the Public Resources Code), or the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Division 26.5 (commencing with Section 79500) of the Water Code). The adoption or revision of regulations, guidelines, or criteria, if necessary to implement those respective acts, shall instead be accomplished by means of a public process reasonably calculated to give those persons interested in their adoption or revision an opportunity to be heard.
(Amended by Stats. 2003, Ch. 240, Sec. 2. Effective August 13, 2003.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 4 - Office of Administrative Hearings › ARTICLE 1 - General Provisions › Section 11370.

11370. Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) constitute, and may be cited as, the Administrative Procedure Act.
(Amended by Stats. 1995, Ch. 938, Sec. 16.5. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 4 - Office of Administrative Hearings › ARTICLE 1 - General Provisions › Section 11370.1.

11370.1. As used in the Administrative Procedure Act “director” means the executive officer of the Office of Administrative Hearings.
(Amended by Stats. 1971, Ch. 1303.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 4 - Office of Administrative Hearings › ARTICLE 1 - General Provisions › Section 11370.2.

11370.2. (a) There is in the Department of General Services the Office of Administrative Hearings which is under the direction and control of an executive officer who shall be known as the director.
(b) The director shall have the same qualifications as administrative law judges, and shall be appointed by the Governor subject to the confirmation of the Senate.
(c) Any and all references in any law to the Office of Administrative Procedure shall be deemed to be the Office of Administrative Hearings.
(Amended by Stats. 1985, Ch. 324, Sec. 13.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 4 - Office of Administrative Hearings › ARTICLE 1 - General Provisions › Section 11370.3.

11370.3. The director shall appoint and maintain a staff of full-time, and may appoint pro tempore part-time, administrative law judges qualified under Section 11502 which is sufficient to fill the needs of the various state agencies. The director shall also appoint any other technical and clerical personnel as may be required to perform the duties of the office. The director shall assign an administrative law judge for any proceeding arising under Chapter 5 (commencing with Section 11500) and, upon request from any agency, may assign an administrative law judge to conduct other administrative proceedings not arising under that chapter and shall assign hearing reporters as required. Any administrative law judge or other employee so assigned shall be deemed an employee of the office and not of the agency to which he or she is assigned. When not engaged in hearing cases, administrative law judges may be assigned by the director to perform other duties vested in or required of the office, including those provided for in Section 11370.5.
(Amended by Stats. 1995, Ch. 938, Sec. 17. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 4 - Office of Administrative Hearings › ARTICLE 1 - General Provisions › Section 11370.4.

11370.4. The total cost to the state of maintaining and operating the Office of Administrative Hearings shall be determined by, and collected by the Department of General Services in advance or upon such other basis as it may determine from the state or other public agencies for which services are provided by the office.
(Amended by Stats. 1971, Ch. 1303.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 4 - Office of Administrative Hearings › ARTICLE 1 - General Provisions › Section 11370.5.

11370.5. (a) The office is authorized and directed to study the subject of administrative adjudication in all its aspects; to submit its suggestions to the various agencies in the interests of fairness, uniformity and the expedition of business; and to report its recommendations to the Governor and Legislature. All departments, agencies, officers, and employees of the state shall give the office ready access to their records and full information and reasonable assistance in any matter of research requiring recourse to them or to data within their knowledge or control. Nothing in this section authorizes an agency to provide access to records required by statute to be kept confidential.
(b) The office may adopt rules and regulations to carry out the functions and duties of the office under the Administrative Procedure Act. The regulations are subject to Chapter 3.5 (commencing with Section 11340).
(Amended by Stats. 2002, Ch. 370, Sec. 3. Effective January 1, 2003. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 4 - Office of Administrative Hearings › ARTICLE 2 - Medical Quality Hearing Panel › Section 11371.

11371. (a) There is within the Office of Administrative Hearings a Medical Quality Hearing Panel, consisting of no fewer than five full-time administrative law judges. The administrative law judges shall have medical training as recommended by the Division of Medical Quality of the Medical Board of California and approved by the Director of the Office of Administrative Hearings.
(b) The director shall determine the qualifications of panel members, supervise their training, and coordinate the publication of a reporter of decisions pursuant to this section. The panel shall include only those persons specifically qualified and shall at no time constitute more than 25 percent of the total number of administrative law judges within the Office of Administrative Hearings. If the members of the panel do not have a full workload, they may be assigned work by the Director of the Office of Administrative Hearings. When the medically related case workload exceeds the capacity of the members of the panel, additional judges shall be requested to be added to the panels as appropriate. When this workload overflow occurs on a temporary basis, the Director of the Office of Administrative Hearings shall supply judges from the Office of Administrative Hearings to adjudicate the cases.
(c) The administrative law judges of the panel shall have panels of experts available. The panels of experts shall be appointed by the Director of the Office of Administrative Hearings, with the advice of the Medical Board of California. These panels of experts may be called as witnesses by the administrative law judges of the panel to testify on the record about any matter relevant to a proceeding and subject to cross-examination by all parties, and Section 11430.30 does not apply in a proceeding under this section. The administrative law judge may award reasonable expert witness fees to any person or persons serving on a panel of experts, which shall be paid from the Contingent Fund of the Medical Board of California upon appropriation by the Legislature.
(Amended by Stats. 2005, Ch. 674, Sec. 21. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 4 - Office of Administrative Hearings › ARTICLE 2 - Medical Quality Hearing Panel › Section 11372.

11372. (a) Except as provided in subdivision (b), all adjudicative hearings and proceedings relating to the discipline or reinstatement of licensees of the Medical Board of California, including licensees of affiliated health agencies within the jurisdiction of the Medical Board of California, that are heard pursuant to the Administrative Procedure Act, shall be conducted by an administrative law judge as designated in Section 11371, sitting alone if the case is so assigned by the agency filing the charging pleading.
(b) Proceedings relating to interim orders shall be heard in accordance with Section 11529.
(Amended by Stats. 2007, Ch. 588, Sec. 89. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 4 - Office of Administrative Hearings › ARTICLE 2 - Medical Quality Hearing Panel › Section 11373.

11373. All adjudicative hearings and proceedings conducted by an administrative law judge as designated in Section 11371 shall be conducted under the terms and conditions set forth in the Administrative Procedure Act, except as provided in the Medical Practice Act (Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code).
(Amended by Stats. 1993, Ch. 1267, Sec. 53. Effective January 1, 1994.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 4 - Office of Administrative Hearings › ARTICLE 2 - Medical Quality Hearing Panel › Section 11373.3.

11373.3. The Office of Administrative Hearings shall provide facilities and support personnel for the review committee panel and shall assess the Medical Board of California for facilities and personnel, where used to adjudicate cases involving the Medical Board of California.
(Amended by Stats. 1991, Ch. 1091, Sec. 44.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 4 - Office of Administrative Hearings › ARTICLE 3 - State Agency Reports and Forms Appeals › Section 11380.

11380. (a) (1) The office shall hear and render a decision on any appeal filed by a business, pursuant to subdivision (c) of Section 14775, in the event the business contests the certification by a state agency head that reporting requirements meet established criteria and shall not be eliminated.
(2) Before a business may file an appeal with the office pursuant to subdivision (c) of Section 14775, the business shall file a challenge to a form or report required by a state agency with that state agency. Within 60 days of filing the challenge with a state agency, the state agency shall either eliminate the form or report or provide written justification for its continued use.
(3) A business may appeal a state agency’s written justification for the continued use of a form or report with the office.
(4) If a state agency fails to respond within 60 days of the filing of a challenge pursuant to paragraph (2), the business shall have an immediate right to file an appeal with the office.
(b) No later than January 1, 1996, the office shall adopt procedures governing the filing, hearing, and disposition of appeals. The procedures shall include, but shall not be limited to, provisions that assure that appeals are heard and decisions rendered by the office in a fair, impartial, and timely fashion.
(c) The office may charge appellants a reasonable fee to pay for costs it incurs in complying with this section.
(Added by Stats. 1995, Ch. 938, Sec. 20. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 1 - STATE DEPARTMENTS AND AGENCIES › CHAPTER 4.5 - Administrative Adjudication: General Provisions › ARTICLE 1 - Preliminary Provisions › Section 11400.

11400. (a) This chapter and Chapter 5 (commencing with Section 11500) constitute the administrative adjudication provisions of the Administrative Procedure Act.
(b) A reference in any other statute or in a rule of court, executive order, or regulation, to a provision formerly found in Chapter 5 (commencing with Section 11500) that is superseded by a provision of this chapter, means the applicable provision of this chapter.
(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.)