reglab/statecodes huggingface dataset:
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 5 - Department of Justice Tobacco Grant Program › Article 5 - Grant Agreement, Reimbursement, Progress Reports, Recordkeeping, and Audits › Section 542 - Progress Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Grantees
				  must submit quarterly progress reports and other information requested by the
				  Department related to the Grant. Quarterly progress reports shall be submitted on
				  January 15th, April 15th, July 15th, and October 15th and shall describe Grant
				  activities undertaken pursuant to the Grant Agreement during the reporting period.
				  The final quarterly report shall describe Grant activities completed up to the end
				  of the term of the Grant award.
(b) The
				  Department may withhold the final reimbursement claim(s) or 10 percent of the Grant
				  amount, whichever is more, pending approval by the Department of the final quarterly
				  report.
1. New section
					 filed 11-15-2022; operative 1-1-2023 (Register 2022, No.
					 46).
Note: Authority cited: Section
						30130.57,
						Revenue and Taxation Code. Reference: Section
						30130.57,
						Revenue and Taxation Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 5 - Department of Justice Tobacco Grant Program › Article 5 - Grant Agreement, Reimbursement, Progress Reports, Recordkeeping, and Audits › Section 543 - Grant Agreement Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Grantee may request a change in the use of
				  Grant funds, the Project description, or the duration of the Grant award, or other
				  changes related to the Project or Budget under the Grant Agreement by submitting a
				  written request to the Department that includes the reasons the change is needed and
				  that demonstrates the change is consistent with the California Healthcare, Research
				  and Prevention Tobacco Tax Act of 2016 and this Chapter.
(b) With the exception of Budget modifications,
				  only one amendment is allowed during the duration of the Grant. Grantees may request
				  up to three Budget modifications per fiscal year. Budget modifications are limited
				  to moving funds from one fiscal year to another or realigning funds to increase a
				  line item by no more than 10 percent of the original amount awarded for the line
				  item.
(c) Requests to extend the
				  duration of the Grant will not be considered unless received by the Department at
				  least six months prior to the end of the duration of the Grant award.
1. New section
					 filed 11-15-2022; operative 1-1-2023 (Register 2022, No.
					 46).
Note: Authority cited: Section
						30130.57,
						Revenue and Taxation Code. Reference: Section
						30130.57,
						Revenue and Taxation Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 5 - Department of Justice Tobacco Grant Program › Article 5 - Grant Agreement, Reimbursement, Progress Reports, Recordkeeping, and Audits › Section 544 - Project Breach-Termination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Failure of a Grantee to comply with the Grant Agreement or this
					 Chapter shall be treated by the Department as a breach of contract. If the
					 Department determines there is a breach of the Grant Agreement, the Department shall
					 give the Grantee written notification. If the Grantee does not commence action to
					 remedy the breach within 30 calendar days of the date of the written notice, the
					 Department may terminate the Grant Agreement and void the Department's obligations.
					 The Project shall remain subject to all recordkeeping and audit requirements
					 contained in this Chapter.
1. New section
					 filed 11-15-2022; operative 1-1-2023 (Register 2022, No.
					 46).
Note: Authority cited: Section
						30130.57,
						Revenue and Taxation Code. Reference: Section
						30130.57,
						Revenue and Taxation Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 5 - Department of Justice Tobacco Grant Program › Article 5 - Grant Agreement, Reimbursement, Progress Reports, Recordkeeping, and Audits › Section 545 - Recordkeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Personnel Records:
				  The Grantee shall document and keep records of all labor and personnel activity
				  related to the Project, including payroll and attendance records and reports
				  produced by an electronic timekeeping system.
(b) Travel Claims: The Grantee shall document and
				  identify the personnel time, date of activity, work performed, and miles or other
				  travel related to the Project.
(c) Other
				  Records: The Grantee shall maintain all receipts, invoices, and records of
				  procurement of goods or services related to the Project.
(d) Record Retention: The Grantee shall retain all
				  documents, records, receipts, and financial accounts related to the Project as
				  required by this section and as otherwise necessary to substantiate the purpose for
				  which the funds were spent for five years from the expiration of the Grant
				  Agreement, or in accordance with the Grantee's records retention period, whichever
				  is longer.
1. New section
					 filed 11-15-2022; operative 1-1-2023 (Register 2022, No.
					 46).
Note: Authority cited: Section
						30130.57,
						Revenue and Taxation Code. Reference: Section
						30130.57,
						Revenue and Taxation Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 5 - Department of Justice Tobacco Grant Program › Article 5 - Grant Agreement, Reimbursement, Progress Reports, Recordkeeping, and Audits › Section 546 - Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department has
				  the authority to conduct an audit of the Grantee's expenditure of Grant
				  funds.
(b) Grantees shall cooperate with
				  the Department by providing any and all documents, records, receipts, and financial
				  account records described in Section
				  545
				  to the Department upon request.
(c) One
				  or more of the following shall be grounds for an audit exception, which may require
				  the refund of amounts paid with Grant funds:
(1)
				  failure to fully complete the work or services described in the Project description
				  under the terms and conditions of the Grant Agreement;
(2) failure to assess the performance of any
				  contract entered into by a Grantee relating to a Grant as agreed to in the Grant
				  Agreement; and
(3) failure to maintain
				  documents, records, receipts, and financial accounts supporting the expenditures
				  reimbursed with Grant funds.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 5 - Department of Justice Tobacco Grant Program › Article 5 - Grant Agreement, Reimbursement, Progress Reports, Recordkeeping, and Audits › Section 550 - Preparation and Dissemination. (Repealed)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 5 - Department of Justice Tobacco Grant Program › Article 5 - Grant Agreement, Reimbursement, Progress Reports, Recordkeeping, and Audits › Section 555 - Submission Prior to Use. (Repealed)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 5 - Department of Justice Tobacco Grant Program › Article 7 - Subscribers' Advertising and Solicitations (Repealed) › Section 591 - Limitations, Exclusions, Exceptions and Reductions. (Repealed)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 6 - Selection Process for Private Architectural and Engineering Firms › Section 600 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This
				chapter shall be known as the Department of Justice's Selection Process for Private
				Architectural and Engineering Firms. This chapter establishes the applicable
				criteria and procedures for procurement, by the Department of Justice, of
				architectural and engineering services.
(b) If the Chief determines that the architectural
				and engineering services needed are technical in nature and involve little
				professional judgment and that requiring bids would be in the public interest, a
				contract may be awarded on the basis of bids rather than by following these
				procedures for requesting qualifications and negotiation.
1. New chapter 6
				  (sections 600-613) and section filed 7-22-2022;
				  operative 10-1-2022 (Register 2022, No. 29). For prior history of chapter 6,
				  sections 600-604, see Register 2020, No.
				  41.
Note: Authority cited: Section
					 4526,
					 Government Code. Reference: Sections
					 4525,
					 4526,
					 4526.5,
					 4527,
					 4528,
					 4529,
					 4529.5,
					 4529.10,
					 4529.11,
					 4529.12,
					 4529.13,
					 4529.14,
					 4529.15,
					 4529.16,
					 4529.17,
					 4529.18,
					 4529.19 and
					 4529.20,
					 Government Code; and Article XXII, Sections
					 1 and
					 2, California
					 Constitution.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 6 - Selection Process for Private Architectural and Engineering Firms › Section 601 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this chapter, the following definitions shall
				  apply:
(a) "Architectural and engineering
				services" (hereafter "A&E services") shall include architectural, landscape
				architectural, engineering, environmental, land surveying, and construction project
				management services as those terms are defined in Government Code section
				4525,
				subdivisions (d), (e), and (f).
(b)
				"Chief" means the Chief of Operations of the California Department of Justice, or
				the person(s) designated to act on the Chief's behalf.
(c) "Department" means the California Department
				of Justice.
(d) "Firm" has the meaning
				set forth for that term in Government Code section
				4525,
				subdivision (a).
(e) "Project" means
				either a specific planned undertaking, such as the transfer, sale, construction or
				upgrade of facilities, or a detailed plan or proposal for the types of services that
				the Department may require in connection with the future transfer, sale,
				construction, upgrade of facilities, or other specific planned undertaking, when
				such activities have not yet been identified.
(f) "Small business" means a firm certified as a
				small business by the Department of General Services pursuant to Government Code
				section
				14839.1.
1. New section
				  filed 7-22-2022; operative 10-1-2022 (Register 2022, No.
				  29).
Note: Authority cited: Section
					 4526,
					 Government Code. Reference: Sections
					 4525,
					 4526,
					 4527 and
					 4529.10,
					 Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 6 - Selection Process for Private Architectural and Engineering Firms › Section 602 - Annual Notice Requesting Statement of Qualifications and Performance Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Chief shall make a statewide announcement of all projects
				  using A&E services on the Department's website at
https://oag.ca.gov/cpu
and through
				  publications of the respective professional societies. The annual notice shall
				  solicit statement of qualifications and performance data from firms providing
				  A&E services. The notice shall include a description of the projects expected by
				  the Department in the next year, a Department contact, and the date, time, and
				  location for submission of the statement of qualifications. The notice may also
				  identify the criteria upon which the contract award will be made.
1. New section
				  filed 7-22-2022; operative 10-1-2022 (Register 2022, No.
				  29).
Note: Authority cited: Section
					 4526,
					 Government Code. Reference: Sections
					 4526 and
					 4527,
					 Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 6 - Selection Process for Private Architectural and Engineering Firms › Section 603 - Announcement of Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition
				to the annual notice, the Chief shall publish, either electronically or in print, a
				Request for Qualifications (RFQ) for any proposed project in the State Contracts
				Register and in the publications of relevant professional societies.
(b) The RFQ shall include a description of the
				project, submittal requirements and deadlines for a firm's statement of
				qualifications, and the criteria upon which the contract award will be made. The RFQ
				may also provide for the award of multiple contracts if the selection procedure is
				sufficiently described in the RFQ and the award otherwise complies with the
				provisions of this chapter.
(c) If the
				Department requires A&E services for a project with a site or sites that cannot
				be identified at the time the RFQ is prepared, the RFQ shall specify the type of
				services that the firm might be expected to complete on an as-needed or on-call
				basis. RFQs for such "on-call" contracts shall specify with as much detail as
				possible the anticipated nature of the services required and the expected location
				where services may be needed.
(d)
				Failure of a professional publication to publish, or error by a professional
				publication in publishing an announcement, shall not invalidate that announcement.
				In such a circumstance, the Chief may extend the announcement deadlines to allow
				further publication of the announcement.
1. New section
				  filed 7-22-2022; operative 10-1-2022 (Register 2022, No.
				  29).
Note: Authority cited: Section
					 4526,
					 Government Code. Reference: Sections
					 4526,
					 4527 and
					 4529.12,
					 Government Code; and Article XXII, Sections
					 1 and
					 2, California
					 Constitution.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 6 - Selection Process for Private Architectural and Engineering Firms › Section 604 - Establishment of Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Chief shall establish criteria for selecting a firm for each
				  project. The criteria shall include such factors as professional excellence,
				  demonstrated competence, specialized experience of the firm, education and
				  experience of key personnel to be assigned, staff capability, workload, ability to
				  meet schedules, nature and quality of services completed, reliability and continuity
				  of the firm and/or subcontractors, and location. Such factors shall be weighted by
				  the Chief according to the nature, complexity, and special requirements of the
				  project.
1. New section
				  filed 7-22-2022; operative 10-1-2022 (Register 2022, No.
				  29).
Note: Authority cited: Section
					 4526,
					 Government Code. Reference: Sections
					 4526,
					 4527 and
					 4529.12,
					 Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 6 - Selection Process for Private Architectural and Engineering Firms › Section 605 - Estimate of Value of A and E Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before any discussion with any firm concerning
				fees may take place, the Chief shall cause an estimate of the value of such A&E
				services to be prepared. This estimate may be based on such factors as a market
				survey, comparison with fees paid to other departments' or agencies' contractors for
				similar services, or comparison with the salaries of comparable positions within the
				Department, within State service, or within other governmental entities. This
				estimate shall serve as a guide in determining fair and reasonable compensation for
				the services rendered. The estimated value shall be held confidential until the
				award of the contract or abandonment of the procurement for the A&E
				services.
(b) If at any time the Chief
				determines the Department's estimate to be unrealistic, the Chief may direct that
				the estimate be reevaluated and modified if necessary.
1. New section
				  filed 7-22-2022; operative 10-1-2022 (Register 2022, No.
				  29).
Note: Authority cited: Section
					 4526,
					 Government Code. Reference: Sections
					 4526,
					 4528 and
					 4529.12,
					 Government Code; and Article XXII, Sections
					 1 and
					 2, California
					 Constitution.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 6 - Selection Process for Private Architectural and Engineering Firms › Section 606 - Selection of Firm

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After
				expiration of the period stated in the announcement prescribed in Section
				603, the Chief shall evaluate any
				current statements of qualifications and performance data on file with the
				Department, together with those that were submitted by other firms regarding the
				proposed project.
(b) The Chief shall
				conduct discussions with no fewer than three firms regarding the required A&E
				services.
(c) From the firms with which
				discussions are held, the Chief shall select, in order of preference, based upon the
				established criteria, no fewer than three firms deemed to be the most highly
				qualified to provide the services required.
(d) If fewer than three firms submitted statements
				of qualifications, the Chief may discontinue the selection process or extend the
				selection process and provide supplemental notice to attract additional
				firms.
1. New section
				  filed 7-22-2022; operative 10-1-2022 (Register 2022, No.
				  29).
Note: Authority cited: Section
					 4526,
					 Government Code. Reference: Sections
					 4526,
					 4527 and
					 4529.12,
					 Government Code; and Article XXII, Sections
					 1 and
					 2, California
					 Constitution.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 6 - Selection Process for Private Architectural and Engineering Firms › Section 607 - Negotiation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Chief shall
				attempt to negotiate a contract with the most highly qualified firm. In negotiating
				fees and executing a contract, the Chief shall follow the procedure described in
				Section
				6106 of
				the Public Contract Code (or any successor statute).
(b) If the Chief is unable to negotiate a
				satisfactory contract with the most highly qualified firm at fair and reasonable
				compensation as determined by the procedure set forth in Section
				605, negotiations shall be terminated.
				The Chief shall then undertake negotiations with the second most qualified firm on
				the same basis. Failing accord, negotiations shall be terminated. The Chief shall
				then undertake negotiations with the third most qualified firm on the same basis.
				Failing accord, negotiations shall be terminated.
(c) Should the Chief be unable to negotiate a
				satisfactory contract at fair and reasonable compensation with any of the selected
				firms, the Chief shall select additional firms in order of their competence and
				qualification and continue negotiations in accordance with this chapter until an
				agreement is reached.
1. New section
				  filed 7-22-2022; operative 10-1-2022 (Register 2022, No.
				  29).
Note: Authority cited: Section
					 4526,
					 Government Code. Reference: Sections
					 4526,
					 4526.5,
					 4528 and
					 4529.12,
					 Government Code; and Article XXII, Sections
					 1 and
					 2, California
					 Constitution.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 6 - Selection Process for Private Architectural and Engineering Firms › Section 608 - Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Chief determines that a change in the contract is necessary
				  during the performance of the A&E services, the parties may, by mutual written
				  agreement, amend any term of the contract, including a reasonable adjustment in the
				  firm's compensation as determined by the procedure set forth in Section
				  605.
1. New section
				  filed 7-22-2022; operative 10-1-2022 (Register 2022, No.
				  29).
Note: Authority cited: Section
					 4526,
					 Government Code. Reference: Sections
					 4526,
					 4528 and
					 4529.12,
					 Government Code; and Article XXII, Sections
					 1 and
					 2, California
					 Constitution.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 6 - Selection Process for Private Architectural and Engineering Firms › Section 609 - Contracting in Phases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
				Chief determines it is necessary or desirable to have a project performed in phases,
				it will not be necessary to negotiate the total contract amount or compensation
				provisions in the initial instance, provided that:
(1) The Chief has determined that the selected
				firm is best qualified to perform the entire project at a fair and reasonable cost;
				and
(2) The contract states that the
				Department may, at its option, use that firm to perform other phases of the project
				and that the firm will accept a fair and reasonable price for subsequent phases to
				be later negotiated and reflected in a subsequent written
				instrument.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 6 - Selection Process for Private Architectural and Engineering Firms › Section 610 - Requirements/on-Call Contracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Request for Qualifications identified the general need for
				  A&E services to assist in the Department's overall mission, the Chief may enter
				  into contracts for such services through a requirements contract, commonly known as
				  an "on-call" contract. Requirements contracts will provide a process for the
				  development and execution of task orders for defined as-needed A&E services.
				  Rates for such services shall be specified in a rate schedule to be attached to the
				  original contract provided that rates may be modified and categories of services
				  added by mutual agreement of the parties.
1. New section
				  filed 7-22-2022; operative 10-1-2022 (Register 2022, No.
				  29).
Note: Authority cited: Section
					 4526,
					 Government Code. Reference: Section
					 4526,
					 Government Code; and Article XXII, Sections
					 1 and
					 2, California
					 Constitution.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 6 - Selection Process for Private Architectural and Engineering Firms › Section 612 - Prohibited Practices and Conflict of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Practices that might result in unlawful
				activity, including rebates, kickbacks, or other unlawful consideration are strictly
				prohibited. The Department shall require a contract entered into pursuant to this
				chapter to include a provision in which the firm certifies that the contract was not
				obtained through rebates, kickbacks, or other unlawful considerations either
				promised or paid to a Department employee. In addition to any other applicable legal
				proscriptions, failure to adhere to the certification may be cause for contract
				termination and recovery of damages under the rights and remedies due the Department
				under the default provision of the contract.
(b) A Department employee shall not participate in
				the selection process if the employee has a relationship with a person or business
				entity seeking a contract which would subject that employee to the prohibition of
				Government Code section
				87100.
(c) Nothing in this chapter shall be construed to
				abridge the obligation of the Department or the firm to comply with all laws
				regarding political contributions, conflicts of interest, or unlawful
				activities.
1. New section
				  filed 7-22-2022; operative 10-1-2022 (Register 2022, No.
				  29).
Note: Authority cited: Section
					 4526,
					 Government Code. Reference: Sections
					 4526 and
					 4529.12,
					 Government Code; and Article XXII, Sections
					 1 and
					 2, California
					 Constitution.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 6 - Selection Process for Private Architectural and Engineering Firms › Section 613 - Small Business Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Chief shall encourage small business firms to become certified
				  through the State Department of General Services and to subscribe to the California
				  State Contracts Register for advertisement notifications. The Chief shall provide to
				  all small business firms who have indicated an interest in receiving such, a copy of
				  each Request for Qualifications (RFQ) for projects for which the Chief concludes
				  that small business firms could be especially qualified. Small businesses that wish
				  to receive these notifications shall subscribe to the Department's mailing list on
				  the Department's website at
https://oag.ca.gov/cpu
. A failure of the Chief
				  to send a copy of an RFQ to any firm shall not operate to invalidate any
				  contract.
1. New section
				  filed 7-22-2022; operative 10-1-2022 (Register 2022, No.
				  29).
Note: Authority cited: Section
					 4526,
					 Government Code. Reference: Section
					 4526,
					 Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 6.5 - Records and Reports of Monetary Instrument Transaction › Article 1 - Reporting Requirements › Section 650 - Compliance with Penal Code Sections 14126(a) and (b)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Penal Code section
				  14162(a),
				  effective January 1, 1987, requires certain financial institutions to make and keep
				  a record of each monetary transaction in excess of $10,000; additionally, the
				  financial institution shall file a report of a monetary transaction with the
				  Department of Justice in a form and at the time as set forth by the
				  Department.
(b) Penal Code section
				  14162(b),
				  effective January 1, 1987, requires financial institutions other than those covered
				  in Penal Code section
				  14162(a)
				  to file duplicate copies of the reports required by sections
				  5313 and
				  5314 of Title 31 of the United States
				  Code and regulations adopted pursuant to those sections.
(c) No filing of any such report shall be required
				  by the Department until such time as subsequent regulations, specifying the filing
				  time and form for such reports, are adopted.
(d) Nothing stated in this section is intended to,
				  not shall it be deemed to, prevent the investigation or prosecution of any criminal
				  offense set forth in Penal Code Section
				  186.2,
				  186.10 and
				  14166. Nothing
				  stated in this section is intended to, not shall it be deemed to, prevent the
				  imposition of any term of incarceration or monetary penalty set forth in Penal Code
				  sections
				  186.2,
				  186.10 and
				  14166.
(e) Nothing in this section shall be deemed to
				  prevent any law enforcement or prosecuting agency from obtaining reports currently
				  being compiled pursuant to federal reporting requirements by any other lawful means
				  available.
(f) Nothing in this section
				  shall be deemed to suspend the requirement that a financial institution make and
				  keep record of each transaction in excess of $10,000.
Note: Authority cited: Section
						14160(b),
						Penal Code. Reference: Section
						14162(a) and
						(b), Penal Code. (New Subchapter 6.5, Section
						650, filed 1-21-87, operative 1-22-87;
						Register 87, No. 5. The "subsequent regulations" referred to in subsection (c) will
						be found in reserved Section
						651, when
						adopted.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7 - Criminal Offender Record Information Security › Article 1 - Mandatory Securing of Criminal Offender Record Information › Section 700 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Subchapter
					 7 (Article 1, Sections
					 700-710) filed 6-6-75; effective
					 thirtieth day thereafter (Register 75, No. 23).
2. Order of Repeal filed
					 6-3-85 by OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No.
					 26).
Note: Authority cited: Section
						11077, Penal Code.
						Reference: Sections
						11075-
						11081, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7 - Criminal Offender Record Information Security › Article 1 - Mandatory Securing of Criminal Offender Record Information › Section 701 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this article, the following definitions
					 shall apply whenever the terms are used.
(a) "Criminal Justice Agency" means a public
				  agency or component thereof which performs a criminal justice activity as its
				  principal function.
(b) "Authorized
				  Person or Agency" means any person or agency authorized by court order, statute, or
				  decisional law to receive criminal offender record information.
(c) (Reserved)
(d) (Reserved)
(e) (Reserved)
(f) "Record Check" means obtaining the most recent
				  rap sheet from the California Department of Justice.
1. Order of
					 Repeal of subsections (c)-(e) filed 6-3-85 by OAL pursuant to Government Code
					 Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No.
					 26).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7 - Criminal Offender Record Information Security › Article 1 - Mandatory Securing of Criminal Offender Record Information › Section 702 - Compliance with State Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  (Reserved)
(b) (Reserved)
(c) The California Department of Justice shall
				  conduct audits of authorized persons or agencies using criminal offender record
				  information to insure compliance with the State regulations.
(d) (Reserved)
(e) Authorized persons or agencies violating these
				  regulations may lose direct access to criminal offender record information
				  maintained by the California Department of Justice.
1. Order of
					 Repeal of subsections (a), (b) and (d) filed 6-3-85 by OAL pursuant to Government
					 Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No.
					 26).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7 - Criminal Offender Record Information Security › Article 1 - Mandatory Securing of Criminal Offender Record Information › Section 703 - Release of Criminal Offender Record Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) (Reserved)
(b) Criminal offender record information may be
				  released, on a need-to-know basis, only to persons or agencies authorized by court
				  order, statute, or decisional law to receive criminal offender record
				  information.
(c) (Reserved)
(d) Record checks shall be conducted on all
				  personnel hired after July 1, 1975, who have access to criminal offender record
				  information.
1. Order of
					 Repeal of subsections (a) and (c) filed 6-3-85 by OAL pursuant to Government Code
					 Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No.
					 26).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7 - Criminal Offender Record Information Security › Article 1 - Mandatory Securing of Criminal Offender Record Information › Section 704 - Juvenile Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order of
					 Repeal filed 6-3-85 by OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No.
					 26).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7 - Criminal Offender Record Information Security › Article 1 - Mandatory Securing of Criminal Offender Record Information › Section 705 - Review of Criminal Offender Record Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order of
					 Repeal filed 6-3-85 by OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No.
					 26).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7 - Criminal Offender Record Information Security › Article 1 - Mandatory Securing of Criminal Offender Record Information › Section 706 - Protection of Criminal Offender Record Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order of
					 Repeal filed 6-3-85 by OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No.
					 26).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7 - Criminal Offender Record Information Security › Article 1 - Mandatory Securing of Criminal Offender Record Information › Section 707 - Automated Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Automated
				  systems handling criminal offender record information and the information derived
				  therefrom shall be secure from unauthorized access, alteration, deletion, or
				  release. The computer system and terminals shall be located in secure premises.
				  Non-criminal justice agencies shall not receive criminal offender record information
				  directly from an automated criminal justice system.
(b) Record checks shall be conducted on all
				  personnel hired after July 1, 1975, who have access to the computer system, its
				  terminals, or the stored criminal offender record information.
(c) Each authorized agency shall keep a record of
				  each release of criminal offender record information from the automated system. The
				  record shall be retained and available for inspection for a period of not less than
				  three years from the date of release. This record shall contain the date of release,
				  the requesting terminal identifier, the receiving terminal identifier, and the
				  information given.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7 - Criminal Offender Record Information Security › Article 1 - Mandatory Securing of Criminal Offender Record Information › Section 708 - Destruction of Criminal Offender Record Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When criminal offender record information is
				  destroyed, the destruction shall be carried out to the extent that the identity of
				  the subject can no longer reasonably be ascertained. When criminal offender record
				  information is destroyed outside of the authorized agency, a person designated by
				  the agency shall witness the destruction.
(b) (Reserved)
(c) Printouts of criminal offender record
				  information obtained through system development, test, or maintenance shall be
				  destroyed at the completion of the function or purpose for which the printout was
				  obtained.
1. Order of
					 Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No.
					 26).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7 - Criminal Offender Record Information Security › Article 1 - Mandatory Securing of Criminal Offender Record Information › Section 709 - Reproduction of Criminal Offender Record Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order of
					 Repeal filed 6-3-85 by OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No.
					 26).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7 - Criminal Offender Record Information Security › Article 1 - Mandatory Securing of Criminal Offender Record Information › Section 710 - Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order of
					 Repeal filed 6-3-85 by OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No.
					 26).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7 - Criminal Offender Record Information Security › Article 2 - Suppression of Incomplete Criminal History Information › Section 720 - Title and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article shall be known as "Suppression of Incomplete
					 Criminal History Information." The Department of Justice is statutorily mandated to
					 maintain state summary criminal history information reported to it, and to furnish
					 such information to any authorized person, agency, officer, official of state or
					 local government, public utility, or entity to assist in fulfilling employment,
					 licensing, or certification duties. These regulations make specific the steps the
					 Department will take to obtain disposition information corresponding to each arrest
					 reported, and make clear what criminal history information, if any, will be
					 furnished to an authorized entity for employment, licensing or certification
					 purposes, when complete criminal history information is not
					 available.
1. New article 2
					 (sections 720-724) and section filed 7-28-2005;
					 operative 8-27-2005 (Register 2005, No. 30).
Note: Authority cited: Section
						11077, Penal Code.
						Reference: Section
						11105, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7 - Criminal Offender Record Information Security › Article 2 - Suppression of Incomplete Criminal History Information › Section 721 - Definition of Key Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall be applicable when used in these
					 regulations:
(a) "Attorney General" means
				  the Attorney General of the State of California or any employee of the Attorney
				  General acting under the authority of the Attorney General. The term Attorney
				  General may be used interchangeably with the term Department of Justice.
(b) "Authorized entity" means any entity or
				  individual authorized by a court, statute or decisional law to receive state summary
				  criminal history information to assist in fulfilling their employment, licensing, or
				  certification duties.
(c) "Criminal
				  justice agencies" means those agencies involved in the apprehension, prosecution,
				  adjudication, incarceration, or correction of criminal offenders; or those agencies
				  responsible for the reporting of criminal offender record information to the
				  Department of Justice.
(d) "Department
				  of Justice" means the California Department of Justice or any employee of the
				  Department of Justice acting under the authority of the Department of Justice, and
				  may be referred to as "the Department" or as "DOJ".
(e) "Disposition" means the outcome of the arrest
				  charge(s), including but not limited to, conviction, dismissal, acquittal,
				  imposition of sentence by a court, decision by the prosecuting agency not to file or
				  pursue the charge(s), or verification that the arrest charge(s) are
				  pending.
(f) "FBI" means the Federal
				  Bureau of Investigation.
(g) "State
				  summary criminal history" means the California master record of information compiled
				  and maintained by the Department of Justice pertaining to the identification and
				  criminal history of any person, such as name(s), date of birth, physical
				  description, fingerprints, photographs, date of arrest(s), arresting agency or
				  agencies, booking number(s), charge(s), disposition(s), and similar data.
1. New section
					 filed 7-28-2005; operative 8-27-2005 (Register 2005, No.
					 30).
Note: Authority cited: Section
						11077, Penal Code.
						Reference: Sections
						11105,
						13101 and
						13125, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7 - Criminal Offender Record Information Security › Article 2 - Suppression of Incomplete Criminal History Information › Section 722 - Process to Obtain Complete Criminal History Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an individual, as a condition of obtaining
				  employment, or a license, permit or certificate, is required to submit to a
				  state-level criminal history record check, a search of DOJ's criminal history
				  records shall be conducted to determine whether the individual has any record of
				  criminal conduct in California.
(b) When
				  the state criminal history record does not include disposition information
				  corresponding to each and every arrest, DOJ shall make the following efforts to
				  obtain the missing disposition information:
(1) The
				  Department shall query the arresting agency, the prosecuting agency, and the court
				  or local probation agency as applicable; and
(2) If the Department is unable to obtain the
				  missing disposition information from any of these agencies, the Department shall
				  query any other criminal justice agencies that might possess the missing disposition
				  information for the arrest in question.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7 - Criminal Offender Record Information Security › Article 2 - Suppression of Incomplete Criminal History Information › Section 723 - Suppression of Incomplete Criminal History Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the Department has exhausted all efforts
				  described in 722, the disposition information shall be deemed to be unavailable. The
				  Department shall not be required to repeat the Section
				  722(b) and (d)
				  searches for an unavailable disposition in response to any future request from an
				  authorized entity.
(b) Unless
				  information release is otherwise authorized by law, whenever DOJ furnishes either
				  national or state summary criminal history information to an authorized entity for
				  employment, licensing or certification purposes, the Department shall not disclose
				  any information related to any arrest for which it is unable to obtain a
				  corresponding disposition. The Department shall furnish all other criminal history
				  information, if any, which it is authorized to disclose pursuant to the statute(s)
				  governing the specific applicant type.
(c) Unless otherwise authorized by law, where only
				  an arrest record exists but the Department is unable to obtain corresponding
				  disposition information, the Department shall suppress that arrest information and
				  provide the authorized agency with a response that no criminal history information
				  exists.
1. New section
					 filed 7-28-2005; operative 8-27-2005 (Register 2005, No.
					 30).
Note: Authority cited: Section
						11077, Penal Code.
						Reference: Section
						432.7, Labor Code;
						Sections
						11105 and
						13203, Penal Code;
						Central Valley Chapter of the 7th Step Foundation, Inc. v. Younger (1979) 95
						Cal.App.3d 212; and Central Valley Chapter of the 7th Step Foundation, Inc. v.
						Younger (1989) 214 Cal.App.3d 145.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7 - Criminal Offender Record Information Security › Article 2 - Suppression of Incomplete Criminal History Information › Section 724 - Audit Trail

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall maintain an audit trail of its efforts to
					 obtain missing arrest disposition information. For each arrest on a subject's record
					 for which the Department is unable to obtain a corresponding disposition, the audit
					 trail information shall include the identity of the person conducting the query, the
					 date of each query, each agency and/or database queried, and the result of each
					 query.
1. New section
					 filed 7-28-2005; operative 8-27-2005 (Register 2005, No.
					 30).
Note: Authority cited: Section
						11077, Penal Code.
						Reference: Section
						11105, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7.5 - Department of Justice Regulations for the Fair and Accurate Governance of the Calgang Database › Article 1 - General › Section 750 - Title and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Chapter shall be known as the "Department of Justice
					 Regulations for the Fair and Accurate Governance of the CalGang Database," and may
					 be cited as such and referred to herein as "these regulations." The provisions of
					 these regulations shall govern the policies and procedures of the CalGang database.
					 These regulations shall not apply to any future shared gang databases in the State
					 of California; those shall be regulated by Chapter 7.6 of the California Code of
					 Regulations, title 11, sections
					 770 to
					 776.6.
1. New chapter
					 7.5 (articles 1-13, sections
					 750-757.4), article 1 (section
					 750) and section filed 10-22-2020;
					 operative 10-22-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 43). Transmission deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
					 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						186.36, Penal Code.
						Reference: Sections
						186.34,
						186.35 and
						186.36, Penal
						Code.