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 1 - General › Section 11340.

11340. The Legislature finds and declares as follows:
(a) There has been an unprecedented growth in the number of administrative regulations in recent years.
(b) The language of many regulations is frequently unclear and unnecessarily complex, even when the complicated and technical nature of the subject matter is taken into account. The language is often confusing to the persons who must comply with the regulations.
(c) Substantial time and public funds have been spent in adopting regulations, the necessity for which has not been established.
(d) The imposition of prescriptive standards upon private persons and entities through regulations where the establishment of performance standards could reasonably be expected to produce the same result has placed an unnecessary burden on California citizens and discouraged innovation, research, and development of improved means of achieving desirable social goals.
(e) There exists no central office in state government with the power and duty to review regulations to ensure that they are written in a comprehensible manner, are authorized by statute, and are consistent with other law.
(f) Correcting the problems that have been caused by the unprecedented growth of regulations in California requires the direct involvement of the Legislature as well as that of the executive branch of state government.
(g) The complexity and lack of clarity in many regulations put small businesses, which do not have the resources to hire experts to assist them, at a distinct disadvantage.
(Amended by Stats. 1993, Ch. 870, Sec. 1. 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 3.5 - Administrative Regulations and Rulemaking › ARTICLE 1 - General › Section 11340.1.

11340.1. (a) The Legislature therefore declares that it is in the public interest to establish an Office of Administrative Law which shall be charged with the orderly review of adopted regulations. It is the intent of the Legislature that the purpose of such review shall be to reduce the number of administrative regulations and to improve the quality of those regulations which are adopted. It is the intent of the Legislature that agencies shall actively seek to reduce the unnecessary regulatory burden on private individuals and entities by substituting performance standards for prescriptive standards wherever performance standards can be reasonably expected to be as effective and less burdensome, and that this substitution shall be considered during the course of the agency rulemaking process. It is the intent of the Legislature that neither the Office of Administrative Law nor the court should substitute its judgment for that of the rulemaking agency as expressed in the substantive content of adopted regulations. It is the intent of the Legislature that while the Office of Administrative Law will be part of the executive branch of state government, that the office work closely with, and upon request report directly to, the Legislature in order to accomplish regulatory reform in California.
(b) It is the intent of the Legislature that the California Code of Regulations made available on the Internet by the office pursuant to Section 11344 include complete authority and reference citations and history notes.
(Amended by Stats. 1996, Ch. 501, 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 1 - General › Section 11340.2.

11340.2. (a) The Office of Administrative Law is hereby established in state government in the Government Operations Agency. The office shall be under the direction and control of an executive officer who shall be known as the director. There shall also be a deputy director. The director’s term and the deputy director’s term of office shall be coterminous with that of the appointing power, except that they shall be subject to reappointment.
(b) The director and deputy director shall have the same qualifications as a hearing officer and shall be appointed by the Governor subject to the confirmation of the Senate.
(Amended by Stats. 2013, Ch. 352, Sec. 235. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
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 1 - General › Section 11340.3.

11340.3. The director may employ and fix the compensation, in accordance with law, of such professional assistants and clerical and other employees as is deemed necessary for the effective conduct of the work of the office.
(Added by Stats. 1979, Ch. 567.)
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 1 - General › Section 11340.4.

11340.4. (a) The office is authorized and directed to do the following:
(1) Study the subject of administrative rulemaking in all its aspects.
(2) In the interest of fairness, uniformity, and the expedition of business, submit its suggestions to the various agencies.
(3) Report its recommendations to the Governor and Legislature at the commencement of each general session.
(b) All agencies 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 subdivision authorizes an agency to provide access to records required by statute to be kept confidential.
(Added by Stats. 1995, Ch. 938, Sec. 14. 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 3.5 - Administrative Regulations and Rulemaking › ARTICLE 1 - General › Section 11340.5.

11340.5. (a) No state agency shall issue, utilize, enforce, or attempt to enforce any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, which is a regulation as defined in Section 11342.600, unless the guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule has been adopted as a regulation and filed with the Secretary of State pursuant to this chapter.
(b) If the office is notified of, or on its own, learns of the issuance, enforcement of, or use of, an agency guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule that has not been adopted as a regulation and filed with the Secretary of State pursuant to this chapter, the office may issue a determination as to whether the guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, is a regulation as defined in Section 11342.600.
(c) The office shall do all of the following:
(1) File its determination upon issuance with the Secretary of State.
(2) Make its determination known to the agency, the Governor, and the Legislature.
(3) Publish its determination in the California Regulatory Notice Register within 15 days of the date of issuance.
(4) Make its determination available to the public and the courts.
(d) Any interested person may obtain judicial review of a given determination by filing a written petition requesting that the determination of the office be modified or set aside. A petition shall be filed with the court within 30 days of the date the determination is published.
(e) A determination issued by the office pursuant to this section shall not be considered by a court, or by an administrative agency in an adjudicatory proceeding if all of the following occurs:
(1) The court or administrative agency proceeding involves the party that sought the determination from the office.
(2) The proceeding began prior to the party’s request for the office’s determination.
(3) At issue in the proceeding is the question of whether the guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule that is the legal basis for the adjudicatory action is a regulation as defined in Section 11342.600.
(Amended by Stats. 2000, Ch. 1060, Sec. 3. 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 1 - General › Section 11340.6.

11340.6. Except where the right to petition for adoption of a regulation is restricted by statute to a designated group or where the form of procedure for such a petition is otherwise prescribed by statute, any interested person may petition a state agency requesting the adoption, amendment, or repeal of a regulation as provided in Article 5 (commencing with Section 11346). This petition shall state the following clearly and concisely:
(a) The substance or nature of the regulation, amendment, or repeal requested.
(b) The reason for the request.
(c) Reference to the authority of the state agency to take the action requested.
(Added by Stats. 1994, Ch. 1039, Sec. 5. 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 1 - General › Section 11340.7.

11340.7. (a) Upon receipt of a petition requesting the adoption, amendment, or repeal of a regulation pursuant to Article 5 (commencing with Section 11346), a state agency shall notify the petitioner in writing of the receipt and shall within 30 days deny the petition indicating why the agency has reached its decision on the merits of the petition in writing or schedule the matter for public hearing in accordance with the notice and hearing requirements of that article.
(b) A state agency may grant or deny the petition in part, and may grant any other relief or take any other action as it may determine to be warranted by the petition and shall notify the petitioner in writing of this action.
(c) Any interested person may request a reconsideration of any part or all of a decision of any agency on any petition submitted. The request shall be submitted in accordance with Section 11340.6 and include the reason or reasons why an agency should reconsider its previous decision no later than 60 days after the date of the decision involved. The agency’s reconsideration of any matter relating to a petition shall be subject to subdivision (a).
(d) Any decision of a state agency denying in whole or in part or granting in whole or in part a petition requesting the adoption, amendment, or repeal of a regulation pursuant to Article 5 (commencing with Section 11346) shall be in writing and shall be transmitted to the Office of Administrative Law for publication in the California Regulatory Notice Register at the earliest practicable date. The decision shall identify the agency, the party submitting the petition, the provisions of the California Code of Regulations requested to be affected, reference to authority to take the action requested, the reasons supporting the agency determination, an agency contact person, and the right of interested persons to obtain a copy of the petition from the agency.
(Added by Stats. 1994, Ch. 1039, Sec. 6. 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 1 - General › Section 11340.9.

11340.9. This chapter does not apply to any of the following:
(a) An agency in the judicial or legislative branch of the state government.
(b) A legal ruling of counsel issued by the Franchise Tax Board or State Board of Equalization.
(c) A form prescribed by a state agency or any instructions relating to the use of the form, but this provision is not a limitation on any requirement that a regulation be adopted pursuant to this chapter when one is needed to implement the law under which the form is issued.
(d) A regulation that relates only to the internal management of the state agency.
(e) A regulation that establishes criteria or guidelines to be used by the staff of an agency in performing an audit, investigation, examination, or inspection, settling a commercial dispute, negotiating a commercial arrangement, or in the defense, prosecution, or settlement of a case, if disclosure of the criteria or guidelines would do any of the following:
(1) Enable a law violator to avoid detection.
(2) Facilitate disregard of requirements imposed by law.
(3) Give clearly improper advantage to a person who is in an adverse position to the state.
(f) A regulation that embodies the only legally tenable interpretation of a provision of law.
(g) A regulation that establishes or fixes rates, prices, or tariffs.
(h) A regulation that relates to the use of public works, including streets and highways, when the effect of the regulation is indicated to the public by means of signs or signals or when the regulation determines uniform standards and specifications for official traffic control devices pursuant to Section 21400 of the Vehicle Code.
(i) A regulation that is directed to a specifically named person or to a group of persons and does not apply generally throughout the state.
(Added by Stats. 2000, Ch. 1060, Sec. 5. 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 1 - General › Section 11341.

11341. (a) The office shall establish a system to give a unique identification number to each regulatory action.
(b) The office and the state agency taking the regulatory action shall use the identification number given by the office pursuant to subdivision (a) to refer to the regulatory action for which a notice has already been published in the California Regulatory Notice Register.
(c) The identification number shall be sufficient information for a member of the public to identify and track a regulatory action both with the office and the state agency taking the regulatory action. No other information pertaining to the regulatory action shall be required of a member of the public if the identification number of the regulatory action has been provided.
(Added by Stats. 2000, Ch. 1059, Sec. 5. 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 1 - General › Section 11342.1.

11342.1. Except as provided in Section 11342.4, nothing in this chapter confers authority upon or augments the authority of any state agency to adopt, administer, or enforce any regulation. Each regulation adopted, to be effective, shall be within the scope of authority conferred and in accordance with standards prescribed by other provisions of law.
(Amended by Stats. 1987, Ch. 1375, Sec. 2.)
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 1 - General › Section 11342.2.

11342.2. Whenever by the express or implied terms of any statute a state agency has authority to adopt regulations to implement, interpret, make specific or otherwise carry out the provisions of the statute, no regulation adopted is valid or effective unless consistent and not in conflict with the statute and reasonably necessary to effectuate the purpose of the statute.
(Added by Stats. 1979, Ch. 567.)
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 1 - General › Section 11342.4.

11342.4. The office shall adopt, amend, or repeal regulations for the purpose of carrying out the provisions of this chapter.
(Added by renumbering Section 11344.6 by Stats. 1983, Ch. 797, Sec. 12.)
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 2 - Definitions › Section 11342.510.

11342.510. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.
(Added by Stats. 2000, Ch. 1060, Sec. 8. 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 2 - Definitions › Section 11342.520.

11342.520. “Agency” means state agency.
(Added by Stats. 2000, Ch. 1060, Sec. 8. 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 2 - Definitions › Section 11342.530.

11342.530. “Building standard” has the same meaning provided in Section 18909 of the Health and Safety Code.
(Added by Stats. 2000, Ch. 1060, Sec. 8. 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 2 - Definitions › Section 11342.535.

11342.535. “Cost impact” means the amount of reasonable range of direct costs, or a description of the type and extent of direct costs, that a representative private person or business necessarily incurs in reasonable compliance with the proposed action.
(Added by Stats. 2000, Ch. 1059, Sec. 6.5. 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 2 - Definitions › Section 11342.540.

11342.540. “Director” means the director of the office.
(Added by Stats. 2000, Ch. 1060, Sec. 8. 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 2 - Definitions › Section 11342.545.

11342.545. “Emergency” means a situation that calls for immediate action to avoid serious harm to the public peace, health, safety, or general welfare.
(Added by Stats. 2006, Ch. 713, Sec. 2. 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 2 - Definitions › Section 11342.548.

11342.548. “Major regulation” means any proposed adoption, amendment, or repeal of a regulation subject to review by the Office of Administrative Law pursuant to Article 6 (commencing with Section 11349) that will have an economic impact on California business enterprises and individuals in an amount exceeding fifty million dollars ($50,000,000), as estimated by the agency.
(Added by Stats. 2011, Ch. 496, Sec. 1. (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 2 - Definitions › Section 11342.550.

11342.550. “Office” means the Office of Administrative Law.
(Added by Stats. 2000, Ch. 1060, Sec. 8. 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 2 - Definitions › Section 11342.560.

11342.560. “Order of repeal” means any resolution, order, or other official act of a state agency that expressly repeals a regulation in whole or in part.
(Added by Stats. 2000, Ch. 1060, Sec. 8. 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 2 - Definitions › Section 11342.570.

11342.570. “Performance standard” means a regulation that describes an objective with the criteria stated for achieving the objective.
(Added by Stats. 2000, Ch. 1060, Sec. 8. 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 2 - Definitions › Section 11342.580.

11342.580. “Plain English” means language that satisfies the standard of clarity provided in Section 11349.
(Added by Stats. 2000, Ch. 1060, Sec. 8. 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 2 - Definitions › Section 11342.590.

11342.590. “Prescriptive standard” means a regulation that specifies the sole means of compliance with a performance standard by specific actions, measurements, or other quantifiable means.
(Added by Stats. 2000, Ch. 1060, Sec. 8. 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 2 - Definitions › Section 11342.595.

11342.595. “Proposed action” means the regulatory action, notice of which is submitted to the office for publication in the California Regulatory Notice Register.
(Amended by Stats. 2001, Ch. 59, Sec. 3. Effective January 1, 2002.)
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 2 - Definitions › Section 11342.600.

11342.600. “Regulation” means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by any state agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure.
(Added by Stats. 2000, Ch. 1060, Sec. 8. 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 2 - Definitions › Section 11342.610.

11342.610. (a) “Small business” means a business activity in agriculture, general construction, special trade construction, retail trade, wholesale trade, services, transportation and warehousing, manufacturing, generation and transmission of electric power, or a health care facility, unless excluded in subdivision (b), that is both of the following:
(1) Independently owned and operated.
(2) Not dominant in its field of operation.
(b) “Small business” does not include the following professional and business activities:
(1) A financial institution including a bank, a trust, a savings and loan association, a thrift institution, a consumer finance company, a commercial finance company, an industrial finance company, a credit union, a mortgage and investment banker, a securities broker-dealer, or an investment adviser.
(2) An insurance company, either stock or mutual.
(3) A mineral, oil, or gas broker.
(4) A subdivider or developer.
(5) A landscape architect, an architect, or a building designer.
(6) An entity organized as a nonprofit institution.
(7) An entertainment activity or production, including a motion picture, a stage performance, a television or radio station, or a production company.
(8) A utility, a water company, or a power transmission company generating and transmitting more than 4.5 million kilowatt hours annually.
(9) A petroleum producer, a natural gas producer, a refiner, or a pipeline.
(10) A manufacturing enterprise exceeding 250 employees.
(11) A health care facility exceeding 150 beds or one million five hundred thousand dollars ($1,500,000) in annual gross receipts.
(c) “Small business” does not include the following business activities:
(1) Agriculture, where the annual gross receipts exceed one million dollars ($1,000,000).
(2) General construction, where the annual gross receipts exceed nine million five hundred thousand dollars ($9,500,000).
(3) Special trade construction, where the annual gross receipts exceed five million dollars ($5,000,000).
(4) Retail trade, where the annual gross receipts exceed two million dollars ($2,000,000).
(5) Wholesale trade, where the annual gross receipts exceed nine million five hundred thousand dollars ($9,500,000).
(6) Services, where the annual gross receipts exceed two million dollars ($2,000,000).
(7) Transportation and warehousing, where the annual gross receipts exceed one million five hundred thousand dollars ($1,500,000).
(Added by Stats. 2000, Ch. 1060, Sec. 8. 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 3 - Filing and Publication › Section 11343.

11343. Every state agency shall:
(a) Transmit to the office for filing with the Secretary of State a certified copy of every regulation adopted or amended by it except one that is a building standard.
(b) Transmit to the office for filing with the Secretary of State a certified copy of every order of repeal of a regulation required to be filed under subdivision (a).
(c) (1) Within 15 days of the office filing a state agency’s regulation with the Secretary of State, post the regulation on its internet website in an easily marked and identifiable location. The state agency shall keep the regulation on its internet website for at least six months from the date the regulation is filed with the Secretary of State.
(2) Within five days of posting, the state agency shall send to the office the internet website link of each regulation that the agency posts on its internet website pursuant to paragraph (1).
(3) This subdivision shall not apply to a state agency that does not maintain an internet website.
(d) Deliver to the office, at the time of transmittal for filing a regulation or order of repeal, a citation of the authority pursuant to which it or any part thereof was adopted.
(e) Deliver to the office a copy of the notice of proposed action required by Section 11346.4.
(f) Transmit to the California Building Standards Commission for approval a certified copy of every regulation, or order of repeal of a regulation, that is a building standard, together with a citation of authority pursuant to which it or any part thereof was adopted, a copy of the notice of proposed action required by Section 11346.4, and any other records prescribed by the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code).
(g) Whenever a certification is required by this section, it shall be made by the head of the state agency that is adopting, amending, or repealing the regulation, or by a designee of the agency head, and the certification and delegation shall be in writing.
(Amended by Stats. 2022, Ch. 48, Sec. 22. (SB 189) Effective June 30, 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 3 - Filing and Publication › Section 11343.1.

11343.1. (a) All regulations transmitted to the Office of Administrative Law for filing with the Secretary of State shall conform to the style prescribed by the office.
(b) Regulations approved by the office shall bear an endorsement by the office affixed to the certified copy which is filed with the Secretary of State.
(Amended by Stats. 1994, Ch. 1039, Sec. 12. 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 3 - Filing and Publication › Section 11343.2.

11343.2. The Secretary of State shall endorse on the certified copy of each regulation or order of repeal filed with or delivered to him or her, the time and date of filing and shall maintain a permanent file of the certified copies of regulations and orders of repeal for public inspection.
No fee shall be charged by any state officer or public official for the performance of any official act in connection with the certification or filing of regulations pursuant to this article.
(Repealed and added by Stats. 1994, Ch. 1039, Sec. 14. 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 3 - Filing and Publication › Section 11343.3.

11343.3. Notwithstanding any other law, a state agency that is required to promulgate administrative regulations, including, but not limited to, the State Air Resources Board, the California Environmental Protection Agency, the State Energy Resources Conservation and Development Commission, and the Department of Motor Vehicles, shall take into account vehicle weight impacts and the ability of vehicle manufacturers or vehicle operators to comply with laws limiting the weight of vehicles.
(Added by Stats. 2012, Ch. 771, Sec. 2. (AB 1706) Effective January 1, 2013.)
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 3 - Filing and Publication › Section 11343.4.

11343.4. (a) Except as otherwise provided in subdivision (b), a regulation or an order of repeal required to be filed with the Secretary of State shall become effective on a quarterly basis as follows:
(1) January 1 if the regulation or order of repeal is filed on September 1 to November 30, inclusive.
(2) April 1 if the regulation or order of repeal is filed on December 1 to February 29, inclusive.
(3) July 1 if the regulation or order of repeal is filed on March 1 to May 31, inclusive.
(4) October 1 if the regulation or order of repeal is filed on June 1 to August 31, inclusive.
(b) The effective dates in subdivision (a) shall not apply in all of the following:
(1) The effective date is specifically provided by the statute pursuant to which the regulation or order of repeal was adopted, in which event it becomes effective on the day prescribed by the statute.
(2) A later date is prescribed by the state agency in a written instrument filed with, or as part of, the regulation or order of repeal.
(3) The agency makes a written request to the office demonstrating good cause for an earlier effective date, in which case the office may prescribe an earlier date.
(4) (A) A regulation adopted by the Fish and Game Commission that is governed by Article 2 (commencing with Section 250) of Chapter 2 of Division 1 of the Fish and Game Code.
(B) A regulation adopted by the Fish and Game Commission that requires a different effective date in order to conform to a federal regulation.
(Amended by Stats. 2016, Ch. 546, Sec. 26. (SB 1473) Effective January 1, 2017.)
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 3 - Filing and Publication › Section 11343.5.

11343.5. Within 10 days from the receipt of printed copies of the California Code of Regulations or of the California Code of Regulations Supplement from the State Printing Office, the office shall file one copy of the particular issue of the code or supplement in the office of the county clerk of each county in this state, or if the authority to accept filings on his or her behalf has been delegated by the county clerk of any county pursuant to Section 26803.5, in the office of the person to whom that authority has been delegated.
(Amended by Stats. 2000, Ch. 1060, Sec. 11. 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 3 - Filing and Publication › Section 11343.6.

11343.6. The filing of a certified copy of a regulation or an order of repeal with the Secretary of State raises the rebuttable presumptions that:
(a) It was duly adopted.
(b) It was duly filed and made available for public inspection at the day and hour endorsed on it.
(c) All requirements of this chapter and the regulations of the office relative to such regulation have been complied with.
(d) The text of the certified copy of a regulation or order of repeal is the text of the regulation or order of repeal as adopted.
The courts shall take judicial notice of the contents of the certified copy of each regulation and of each order of repeal duly filed.
(Added by renumbering Section 11343.7 by Stats. 1981, Ch. 865, Sec. 10.)
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 3 - Filing and Publication › Section 11343.8.

11343.8. Upon the request of a state agency, the office may file with the Secretary of State and the office may publish in such manner as it believes proper, any regulation or order of repeal of a regulation not required by this article to be filed with the Secretary of State.
(Added by renumbering Section 11343.9 by Stats. 1981, Ch. 865, Sec. 12.)
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 4 - The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register › Section 11344.

11344. The office shall do all of the following:
(a) Provide for the official compilation, printing, and publication of adoption, amendment, or repeal of regulations, which shall be known as the California Code of Regulations. On and after July 1, 1998, the office shall make available on the Internet, free of charge, the full text of the California Code of Regulations, and may contract with another state agency or a private entity in order to provide this service.
(b) Make available on its Internet Web site a list of, and a link to the full text of, each regulation filed with the Secretary of State that is pending effectiveness pursuant to Section 11343.4.
(c) Provide for the compilation, printing, and publication of weekly updates of the California Code of Regulations. This publication shall be known as the California Code of Regulations Supplement and shall contain amendments to the code.
(d) Provide for the publication dates and manner and form in which regulations shall be printed and distributed and ensure that regulations are available in printed form at the earliest practicable date after filing with the Secretary of State.
(e) Ensure that each regulation is printed together with a reference to the statutory authority pursuant to which it was enacted and the specific statute or other provision of law which the regulation is implementing, interpreting, or making specific.
(Amended by Stats. 2012, Ch. 295, Sec. 3. (SB 1099) Effective January 1, 2013.)
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 4 - The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register › Section 11344.1.

11344.1. The office shall do all of the following:
(a) Provide for the publication of the California Regulatory Notice Register, which shall be an official publication of the State of California and which shall contain the following:
(1) Notices of proposed action prepared by regulatory agencies, subject to the notice requirements of this chapter, and which have been approved by the office.
(2) A summary of all regulations filed with the Secretary of State in the previous week.
(3) Summaries of all regulation decisions issued in the previous week detailing the reasons for disapproval of a regulation, the reasons for not filing an emergency regulation, and the reasons for repealing an emergency regulation. The California Regulatory Notice Register shall also include a quarterly index of regulation decisions.
(4) Material that is required to be published under Sections 11349.5, 11349.7, and 11349.9.
(5) Determinations issued pursuant to Section 11340.5.
(b) Establish the publication dates and manner and form in which the California Regulatory Notice Register shall be prepared and published and ensure that it is published and distributed in a timely manner to the presiding officer and rules committee of each house of the Legislature and to all subscribers.
(c) Post on its website, on a weekly basis:
(1) The California Regulatory Notice Register. Each issue of the California Regulatory Notice Register on the office’s website shall remain posted for a minimum of 18 months.
(2) One or more Internet links to assist the public to gain access to the text of regulations proposed by state agencies.
(Amended by Stats. 2000, Ch. 1060, Sec. 14.5. 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 4 - The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register › Section 11344.2.

11344.2. The office shall supply a complete set of the California Code of Regulations, and of the California Code of Regulations Supplement to the county clerk of any county or to the delegatee of the county clerk pursuant to Section 26803.5, provided the director makes the following two determinations:
(a) The county clerk or the delegatee of the county clerk pursuant to Section 26803.5 is maintaining the code and supplement in complete and current condition in a place and at times convenient to the public.
(b) The California Code of Regulations and California Code of Regulations Supplement are not otherwise reasonably available to the public in the community where the county clerk or the delegatee of the county clerk pursuant to Section 26803.5 would normally maintain the code and supplements by distribution to libraries pursuant to Article 6 (commencing with Section 14900) of Chapter 7 of Part 5.5.
(Amended by Stats. 2000, Ch. 1060, 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 4 - The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register › Section 11344.3.

11344.3. Every document, other than a notice of proposed rulemaking action, required to be published in the California Regulatory Notice Register by this chapter, shall be published in the first edition of the California Regulatory Notice Register following the date of the document.
(Added by renumbering Section 11349.9 by Stats. 1987, Ch. 1375, Sec. 23.)
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 4 - The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register › Section 11344.4.

11344.4. (a) The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register shall be sold at prices which will reimburse the state for all costs incurred for printing, publication, and distribution.
(b) All money received by the state from the sale of the publications listed in subdivision (a) shall be deposited in the treasury and credited to the General Fund, except that, where applicable, an amount necessary to cover the printing, publication, and distribution costs shall be credited to the fund from which the costs have been paid.
(Amended by Stats. 2000, Ch. 1060, Sec. 16. 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 4 - The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register › Section 11344.6.

11344.6. The publication of a regulation in the California Code of Regulations or California Code of Regulations Supplement raises a rebuttable presumption that the text of the regulation as so published is the text of the regulation adopted.
The courts shall take judicial notice of the contents of each regulation which is printed or which is incorporated by appropriate reference into the California Code of Regulations as compiled by the office.
The courts shall also take judicial notice of the repeal of a regulation as published in the California Code of Regulations Supplement compiled by the office.
(Amended by Stats. 2000, Ch. 1060, 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 4 - The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register › Section 11344.7.

11344.7. Nothing in this chapter precludes any person or state agency from purchasing copies of the California Code of Regulations, the California Code of Regulations Supplement, or the California Regulatory Notice Register or of any unit of either, nor from printing special editions of any such units and distributing the same. However, where the purchase and printing is by a state agency, the state agency shall do so at the cost or at less than the cost to the agency if it is authorized to do so by other provisions of law.
(Amended by Stats. 2000, Ch. 1060, Sec. 18. 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 4 - The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register › Section 11344.9.

11344.9. (a) Whenever the term “California Administrative Code” appears in law, official legal paper, or legal publication, it means the “California Code of Regulations.”
(b) Whenever the term “California Administrative Notice Register” appears in any law, official legal paper, or legal publication, it means the “California Regulatory Notice Register.”
(c) Whenever the term “California Administrative Code Supplement” or “California Regulatory Code Supplement” appears in any law, official legal paper, or legal publication, it means the “California Code of Regulations Supplement.”
(Amended by Stats. 2000, Ch. 1060, 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 4 - The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register › Section 11345.

11345. The office is not required to develop a unique identification number system for each regulatory action pursuant to Section 11341 or to make the California Regulatory Notice Register available on its website pursuant to subdivision (c) of Section 11344.1 until January 1, 2002.
(Added by Stats. 2000, Ch. 1059, Sec. 8. 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.

11346. (a) It is the purpose of this chapter to establish basic minimum procedural requirements for the adoption, amendment, or repeal of administrative regulations. Except as provided in Section 11346.1, the provisions of this chapter are applicable to the exercise of any quasi-legislative power conferred by any statute heretofore or hereafter enacted, but nothing in this chapter repeals or diminishes additional requirements imposed by any statute. This chapter shall not be superseded or modified by any subsequent legislation except to the extent that the legislation shall do so expressly.
(b) An agency that is considering adopting, amending, or repealing a regulation may consult with interested persons before initiating regulatory action pursuant to this article.
(Amended by Stats. 2000, Ch. 1060, Sec. 20. Effective January 1, 2001.)