reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 24 - Enhanced Behavioral Supports Homes › Article 6.5 - Restraint and Containment › Section 59060.4 - Debriefing After the Use of Physical Restraint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A facility must conduct a debriefing as
					 quickly as possible but no later than 24 hours following every incident
					 involving the use of physical restraint.
(b) Attendees of the debriefing shall
					 include, at minimum:
(1) The consumer who was
					 physically restrained, unless the consumer voluntarily declines;
(2) The authorized consumer representative,
					 if applicable;
(3) The staff
					 involved in the incident;
(4) The
					 administrator or their designee; and
(5) The facility's Qualified Behavior
					 Modification Professional.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 24 - Enhanced Behavioral Supports Homes › Article 6.5 - Restraint and Containment › Section 59060.5 - Restraint Data Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Emergency Intervention Documentation and Reporting Requirements.
(1) Each use of physical restraint shall be
					 reported to the authorized consumer representative, if any, by telephone, no
					 later than the next calendar day following the use of the physical restraint.
					 This report shall include the type of emergency intervention used and the
					 duration of the physical restraint.
(A) The
					 date and time the event was reported to the authorized consumer representative,
					 and the date, time, and response of the authorized consumer representative
					 shall be documented in the consumer's file no later than the next calendar
					 day.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 24 - Enhanced Behavioral Supports Homes › Article 7 - Records Maintenance › Section 59061 - Facility Files

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each facility shall maintain a facility file, available
						on site, at the facility, which may be stored as electronic records and shall
						be made available for review, inspection, audit, or copy, upon request. The
						facility file shall contain at least the following:
(a) Facility program plan;
(b) Weekly staff schedules, including a log
					 of the hours worked by each employee;
(c) Personnel records including:
(1) Administrator current credentials,
					 degrees, and certificates;
(2)
					 Direct care and direct care lead staff current credentials, degrees, and
					 certificates;
(3) Qualified
					 Behavior Modification Professional current credentials, degrees, and
					 certificates;
(4) Documentation of
					 completed staff training including a log of the hours per employee;
(5) Hire, promotion, and separation dates;
					 and
(6) Registered Behavior
					 Technician supervised hours log.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 24 - Enhanced Behavioral Supports Homes › Article 7 - Records Maintenance › Section 59062 - Consumer Files

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each facility shall maintain individual consumer files
						for each consumer. Consumer files shall be available on site at the facility,
						which may be stored as electronic records, and shall be made available for
						review, inspection, audit, or copy upon request. Each individual consumer file
						shall contain at least the following:
(a) Medical assessment required in Section
					 59059(a)(2);
(b) Individual Behavior Supports
					 Plan;
(c) Updated Individual
					 Behavior Supports Plan(s);
(d)
					 Emergency contact information;
(e)
					 Current Individual Program Plan;
(f) Special incident reports, pursuant to
					 Section 54327;
(g) Data collection, including, but not
					 limited to, progress notes, professional/consultant visits, and
					 interventions/outcomes;
(h) Record
					 of medications administered, including initials of staff providing
					 assistance;
(i) Functional Behavior
					 Assessment(s) required in Section
					 59059(c)(1);
(j) Debrief documentation required in Section
					 59060.4(f);
					 and
(k) Any other records
					 containing current emergency or health-related information for current
					 consumers.
1. New
						section filed 2-5-2016 as a deemed emergency pursuant to Welfare and
						Institutions Code section
						4684.86;
						operative 2-5-2016 (Register 2016, No. 6). A Certificate of Compliance must be
						transmitted to OAL within 24 months. The emergency regulations may be readopted
						and remain in effect until approval of the Certificate of
						Compliance.
2. Certificate of Compliance as to 2-5-2016 order,
						including amendment of section, transmitted to OAL 3-27-2017 and filed
						5-9-2017; amendments operative 5-9-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2017, No. 19).
3. Renumbering of former section
						59062 to
						59056 and renumbering and
						amendment of former section
						59071 to section
						59062 filed 7-12-2023; operative
						7-12-2023 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2023, No. 28).
Note: Authority cited: Section
						  4684.86,
						  Welfare and Institutions Code. Reference: Section
						  4684.86,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 24 - Enhanced Behavioral Supports Homes › Article 8 - Monitoring › Section 59063 - Regional Center Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The consumer's regional center is responsible for monitoring and evaluating
					 services provided in the Enhanced Behavioral Supports Home by conducting or
					 coordinating at least quarterly face-to-face case management visits with each
					 consumer, or more frequently if specified in the consumer's IPP.
(b) In addition, the vendoring regional
					 center is responsible for monitoring and evaluating services provided in the
					 Enhanced Behavioral Supports Home by conducting a quarterly quality assurance
					 visit using a format prescribed by the Department.
(c) A vendoring regional center Qualified
					 Behavior Modification Professional shall visit the consumers, announced or
					 unannounced, in person, at least monthly in the Enhanced Behavior Supports Home
					 to monitor the Individual Behavior Supports Plan objectives, and prepare
					 written documentation on the status of the objectives. At least four of these
					 visits per year must be unannounced.
(d) The Department shall monitor regional
					 center compliance with Subsections (a), (b) and (c). Monitoring must include
					 on-site visits by the Department to each Enhanced Behavioral Supports Home at
					 least once every six months, including review of the written documentation
					 prepared by the regional center Qualified Behavior Modification Professional.
(1) The Regional Center shall submit to the
					 Department a letter detailing how the findings and recommendations have been
					 completed and a timeline for addressing any outstanding findings within 30 days
					 of receipt of the Department's written findings and recommendations unless the
					 Department determines submittal is required more immediately based on findings
					 impacting the health and safety of consumers.
(A) The written responses shall be submitted
					 to the Department at EBSHCCHMonitoring@dds.ca.gov.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 24 - Enhanced Behavioral Supports Homes › Article 9 - Contract › Section 59064 - Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to placing any consumer into an Enhanced Behavioral
						Supports Home, the vendoring regional center and the vendor shall execute a
						contract that includes, at a minimum, all of the following:
(a) The names of the regional center and the
					 licensee;
(b) The effective date
					 and termination date of the contract;
(c) A requirement that, under no
					 circumstances, may the contract extend beyond the stated termination
					 date;
(d) A requirement that the
					 execution of any amendment or modification to the contract be in accordance
					 with all applicable laws and be by mutual agreement of both parties;
(e) A requirement that the licensee and the
					 agents and employees of the licensee, in the performance of the contract, act
					 in an independent capacity, and not as officers or employees or agents of the
					 regional center or the State;
(f)
					 Incorporation, by reference, of the Enhanced Behavioral Supports Home's
					 approved program plan and certificate of program approval as issued by the
					 Department; and
(g) Specification
					 of how any portion of the facility rate not funded by a consumer placement will
					 be funded, pursuant to Section
					 59072(a)(3)(A)-(C).
1. New
						section filed 2-5-2016 as a deemed emergency pursuant to Welfare and
						Institutions Code section
						4684.86;
						operative 2-5-2016 (Register 2016, No. 6). A Certificate of Compliance must be
						transmitted to OAL within 24 months. The emergency regulations may be readopted
						and remain in effect until approval of the Certificate of
						Compliance.
2. Certificate of Compliance as to 2-5-2016 order,
						including new article heading and amendment of subsections (f)-(g), transmitted
						to OAL 3-27-2017 and filed 5-9-2017; amendments operative 5-9-2017 pursuant to
						Government Code section
						11343.4(b)(3)
						(Register 2017, No. 19).
3. Renumbering of former article 7 to
						article 9, renumbering of former section
						59064 to
						59058 and renumbering and
						amendment of former section
						59057 to section
						59064 filed 7-12-2023; operative
						7-12-2023 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2023, No. 28).
Note: Authority cited: Section
						  4684.86,
						  Welfare and Institutions Code. Reference: Sections
						  4684.82,
						  4684.86
						  and
						  4684.87,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 24 - Enhanced Behavioral Supports Homes › Article 9 - Contract › Section 59065 - Contract Termination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 A vendoring regional center may terminate its contract with the Enhanced
					 Behavioral Supports Home when the regional center determines that the Enhanced
					 Behavioral Supports Home:
(1) Is unable to
					 maintain substantial compliance with applicable laws or its contract with the
					 regional center, or
(2)
					 Demonstrates an inability to ensure the health and safety of the
					 consumers.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 24 - Enhanced Behavioral Supports Homes › Article 9 - Contract › Section 59066 - Contract Termination Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Enhanced Behavioral Supports Home may
					 appeal the vendoring regional center's decision to terminate its
					 contract.
(b) An appeal must be
					 submitted in writing and include reasons and facts demonstrating why the
					 termination is inappropriate.
(c)
					 An appeal must be received by the vendoring regional center within 10 working
					 days from receipt of the regional center letter notifying the Enhanced
					 Behavioral Supports Homes of its intent to terminate the contract.
(d) The vendoring regional center's director
					 shall respond with his or her decision within 10 working days of the date of
					 receipt of the appeal from the Enhanced Behavioral Supports Home.
(e) The decision by the vendoring regional
					 center's director is the final administrative decision.
(f) The vendoring regional center shall
					 submit the director's decision to the Department and the Department of Social
					 Services on the same date it is signed.
(g) The vendoring regional center shall mail
					 the director's decision to the administrator within two working days of
					 signature.
(h) Termination of the
					 contract shall be suspended upon receipt of an appeal pursuant to subdivision
					 (c) pending the outcome of the appeal.
1. New
						section filed 2-5-2016 as a deemed emergency pursuant to Welfare and
						Institutions Code section
						4684.86;
						operative 2-5-2016 (Register 2016, No. 6). A Certificate of Compliance must be
						transmitted to OAL within 24 months. The emergency regulations may be readopted
						and remain in effect until approval of the Certificate of
						Compliance.
2. Certificate of Compliance as to 2-5-2016 order,
						including new subsection (e), repealer of subsection (g) and subsection
						relettering, transmitted to OAL 3-27-2017 and filed 5-9-2017; amendments
						operative 5-9-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2017, No. 19).
3. Renumbering of former section
						59066 to
						59068 and renumbering and
						amendment of former section
						59059 to section
						59066 filed 7-12-2023; operative
						7-12-2023 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2023, No. 28).
Note: Authority cited: Sections
						  4684.85
						  and
						  4684.86,
						  Welfare and Institutions Code. Reference: Sections
						  4684.85
						  and
						  4684.86,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 24 - Enhanced Behavioral Supports Homes › Article 10 - Corrective Action Plans and Sanctions › Section 59067 - Immediate Danger

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 regional center shall immediately investigate situations that come to the
					 attention of, or are reported to, the regional center that constitute, or may
					 constitute, an immediate danger. Situations requiring investigation include but
					 are not limited to those specified in Section
					 56053(a)(1)-(5).
(b) When investigating a potential situation
					 constituting an immediate danger, the regional center shall comply with Section
					 56053(b)-(f).
1. New
						section filed 2-5-2016 as a deemed emergency pursuant to Welfare and
						Institutions Code section
						4684.86;
						operative 2-5-2016 (Register 2016, No. 6). A Certificate of Compliance must be
						transmitted to OAL within 24 months. The emergency regulations may be readopted
						and remain in effect until approval of the Certificate of
						Compliance.
2. Certificate of Compliance as to 2-5-2016 order,
						including new article heading, transmitted to OAL 3-27-2017 and filed 5-9-2017;
						amendments operative 5-9-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2017, No. 19).
3. Renumbering of former article 9 to
						article 10, renumbering of former section
						59067 to
						59069 and renumbering and
						amendment of former section
						59065 to section
						59067 filed 7-12-2023; operative
						7-12-2023 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2023, No. 28).
Note: Authority cited: Section
						  4684.86,
						  Welfare and Institutions Code. Reference: Section
						  4684.86,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 24 - Enhanced Behavioral Supports Homes › Article 10 - Corrective Action Plans and Sanctions › Section 59068 - Substantial Inadequacies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The regional center shall investigate situations that come to the attention of,
					 or are reported to, the regional center that constitute or may constitute a
					 substantial inadequacy immediately following the notification. Situations that
					 shall be investigated include those described in Section
					 56054(a)(1)-(7) and
					 (12)-(13).
(b) When investigating a potential
					 substantial inadequacy, the regional center shall have the authority to make an
					 unannounced visit(s) to the facility.
1. New
						section filed 2-5-2016 as a deemed emergency pursuant to Welfare and
						Institutions Code section
						4684.86;
						operative 2-5-2016 (Register 2016, No. 6). A Certificate of Compliance must be
						transmitted to OAL within 24 months. The emergency regulations may be readopted
						and remain in effect until approval of the Certificate of
						Compliance.
2. Certificate of Compliance as to 2-5-2016 order,
						including amendment of section, transmitted to OAL 3-27-2017 and filed
						5-9-2017; amendments operative 5-9-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2017, No. 19).
3. Renumbering of former section
						59068 to
						59070 and renumbering and
						amendment of former section
						59066 to section
						59068 filed 7-12-2023; operative
						7-12-2023 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2023, No. 28).
Note: Authority cited: Section
						  4684.86,
						  Welfare and Institutions Code. Reference: Section
						  4684.86,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 24 - Enhanced Behavioral Supports Homes › Article 10 - Corrective Action Plans and Sanctions › Section 59069 - Corrective Action Plan (CAP)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regional center and the administrator
					 shall comply with the requirements for CAPs described in Section
					 56056.
(b) The regional center shall forward a copy
					 of the CAP to the Department and the Department of Social Services.
1. New
						section filed 2-5-2016 as a deemed emergency pursuant to Welfare and
						Institutions Code section
						4684.86;
						operative 2-5-2016 (Register 2016, No. 6). A Certificate of Compliance must be
						transmitted to OAL within 24 months. The emergency regulations may be readopted
						and remain in effect until approval of the Certificate of
						Compliance.
2. Certificate of Compliance as to 2-5-2016 order
						transmitted to OAL 3-27-2017 and filed 5-9-2017 (Register 2017, No.
						19).
3. Renumbering of former section
						59069 to
						59071 and renumbering and
						amendment of former section
						59067 to section
						59069 filed 7-12-2023; operative
						7-12-2023 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2023, No. 28).
Note: Authority cited: Section
						  4684.86,
						  Welfare and Institutions Code. Reference: Section
						  4684.86,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 24 - Enhanced Behavioral Supports Homes › Article 10 - Corrective Action Plans and Sanctions › Section 59070 - Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regional center shall apply sanctions to an Enhanced
						Behavioral Supports Home pursuant to Section
						56057.
1. New
						section filed 2-5-2016 as a deemed emergency pursuant to Welfare and
						Institutions Code section
						4684.86;
						operative 2-5-2016 (Register 2016, No. 6). A Certificate of Compliance must be
						transmitted to OAL within 24 months. The emergency regulations may be readopted
						and remain in effect until approval of the Certificate of
						Compliance.
2. Certificate of Compliance as to 2-5-2016 order
						transmitted to OAL 3-27-2017 and filed 5-9-2017 (Register 2017, No.
						19).
3. Renumbering of former section
						59070 to
						59061 and renumbering and
						amendment of former section
						59068 to section
						59070 filed 7-12-2023; operative
						7-12-2023 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2023, No. 28).
Note: Authority cited: Section
						  4684.86,
						  Welfare and Institutions Code. Reference: Section
						  4684.86,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 24 - Enhanced Behavioral Supports Homes › Article 10 - Corrective Action Plans and Sanctions › Section 59071 - Facility Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 administrator may appeal a regional center action in Sections
					 59067,
					 59068, or
					 59070, pursuant to Sections
					 56061-56065 and
					 56067.
(b) Implementation of regional center actions
					 during the appeal process occurs as follows:
(1) In the case of immediate danger, the
					 action of the regional center shall remain in effect throughout the appeal
					 process.
(2) In the case of
					 substantial inadequacies, corrective action shall be suspended until the appeal
					 process is complete, except in situations specified in Section
					 56054(a)(1).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 24 - Enhanced Behavioral Supports Homes › Article 11 - Rates › Section 59072 - Establishment of Rates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Enhanced Behavioral Supports Home Facility Component -- Service Code 900.
(1) An Enhanced Behavioral Supports Home
					 shall complete one Department form DS 6023 (Rev 9/2021) entitled "Rate
					 Development -- Facility Costs" for the facility, incorporated herein.
(2) The rate of payment for the Enhanced
					 Behavioral Supports Home Facility Component may not exceed the maximum rate of
					 reimbursement as specified below:
(A) The
					 monthly rate of reimbursement to any Enhanced Behavioral Supports Homes vendor
					 for the facility component may not exceed the rate limit determined by the
					 Department.
(B) The rate limit is
					 subject to the appropriation of funds pursuant to the Budget Act of each fiscal
					 year.
(3) Facility rate
					 payment.
(A) The monthly facility rate is
					 pro-rated by the licensed capacity of the facility. Portions not funded by a
					 consumer placement are paid through the contract.
(B) Prior to the facility reaching licensed
					 capacity, the facility rate is paid based on the licensed capacity of the
					 facility, with vacancies funded through the contract. At six months from the
					 initial placement in the facility, and at each subsequent 30 days, the vendor
					 and regional center shall meet to determine if the portion of the facility rate
					 funded through the contract due to the unfilled beds will continue.
(C) Once the facility reaches maximum
					 capacity, the facility rate is paid based on the licensed capacity of the
					 facility, despite temporary consumer absences or subsequent temporary
					 vacancies, with vacancies funded through the contract. For purposes of this
					 section, "temporary vacancy" means a vacancy of 60 days or fewer. At 60 days of
					 temporary vacancy, and at each subsequent 30 days, the vendor and regional
					 center shall meet to determine if the portion of the facility rate funded
					 through the contract due to the temporary vacancy will continue.
(D) The established facility rate is prorated
					 for a partial month of service when a consumer is discharged from the facility
					 by dividing the established rate by 30.44, then multiplying the quotient by the
					 number of days the consumer resided in the facility.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 4 - Case Management [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
				without regulatory effect repealing chapter 4, subchapter 1 (articles 1-4,
				sections 59000-59011) filed 5-2-96 pursuant
				to section
				100, title 1, California Code of
				Regulations (Register 96, No. 18).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1 - Administrative Procedures › Article 1 - Board Meetings and Hearings › Section 60000 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations set forth in this subchapter shall
						implement provisions in the Mulford-Carrell Air Resources Act (Division 26 of
						the Health and Safety Code), the California Administrative Procedure Act, and
						the California Environmental Quality Act with regard to meetings and hearings
						of the state board and the executive officer.
1.
						Redesignation of Subchapter 1 (Sections
						60100-70201, not consecutive) to
						Subchapter 1.5 (Sections
						60100-70201, not consecutive)
						filed 6-5-78; effective thirtieth day thereafter (Register 78, No.
						23).
2. New Subchapter 1 (Sections
						60000-60013) filed 6-5-78;
						effective thirtieth day thereafter (Register 78, No. 23).
3.
						Repealer of Subchapter 1 (Articles 1-2, Sections
						60000-60023) and new Subchapter 1
						(Articles 1-2, Sections
						60000-60023) filed 11-25-81;
						effective thirtieth day thereafter (Register 81, No. 48). For prior history,
						see Registers 80, No. 27 and 80, No. 9.
4. Amendment filed
						8-22-2019; operative 10-1-2019 (Register 2019, No.
						34).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  39000, et seq., Health and Safety
						  Code; Sections
						  11340, et seq., Government Code;
						  and Section
						  21080.5,
						  Public Resources Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1 - Administrative Procedures › Article 1 - Board Meetings and Hearings › Section 60001 - Scheduling of Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Meetings shall be scheduled by the chairperson or the
						executive officer of the state board, who may with appropriate notice change
						the starting time of any proceeding or reschedule, cancel, or continue the
						proceeding.
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  39513,
						  39515,
						  39516,
						  and
						  39600,
						  Health and Safety Code; Section
						  11129,
						  Government Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1 - Administrative Procedures › Article 1 - Board Meetings and Hearings › Section 60002 - Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
CARB shall provide notice of state board meetings and
						hearings as required by applicable law (including the notice-related provisions
						in sections
						21092
						and
						21092.5
						of the Public Resources Code and section
						11346.4 of
						the Government Code). Notice shall be given to state and local government
						agencies having jurisdiction by law with respect to a proposed activity of the
						state board and to persons who request such notice in writing. For
						informational purposes, notice may be provided to newspapers of general
						circulation, to all persons believed to be interested in the proceeding, and to
						the State Clearinghouse for circulation to public agencies. Unless otherwise
						prohibited, notice may be provided electronically in lieu of physical
						mail.
1.
						Amendment of section and NOTE filed 8-22-2019; operative 10-1-2019 (Register
						2019, No. 34).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Section
						  21080.5,
						  Public Resources Code; Sections
						  39002,
						  41502
						  and
						  41650,
						  Health and Safety Code; and Sections
						  11125,
						  11340.85
						  and
						  11346.5,
						  Government Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1 - Administrative Procedures › Article 1 - Board Meetings and Hearings › Section 60003 - Staff Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Where a public hearing is required by the California Administrative Procedure
					 Act, a staff report or "Initial Statement of Reasons", together with the
					 proposed rule, regulation, order, or standard shall be prepared and published
					 by CARB staff. For rulemaking proceedings governed by the California
					 Administrative Procedure Act (Government Code, section
					 11340 et
					 seq.), a staff report, together with the proposed rule or regulation, shall be
					 prepared and published at least 45 days before the date of the public hearing.
					 For all other such proceedings in which CARB elects to prepare a staff report,
					 such as for orders, standards or plans, the staff report shall be published as
					 early as reasonably practicable prior to the public hearing.
(b) It is the policy of the state board and
					 CARB to prepare staff reports in a manner consistent with the environmental
					 protection purposes of the state board's regulatory program and with the goals
					 and policies of the California Environmental Quality Act (CEQA; Public
					 Resources Code Sections
					 21000
					 et seq.), and with the California Administrative Procedure Act where the
					 proposed action involves a rulemaking proceeding governed by the California
					 Administrative Procedure Act. This Article sets forth the guidelines for CARB's
					 orderly evaluation of its proposed activities and the preparation of plans or
					 other written documentation, in a manner consistent with the enviromental
					 purposes of CARB's regulatory program.
1.
						Amendment of section and NOTE filed 11-13-2017; operative 11-13-2017 pursuant
						to Government Code section
						11343.4(b)(3)
						(Register 2017, No. 46).
2. Renumbering of former section
						60003 to new section
						60006 and renumbering and
						amendment of former section
						60005 to new section
						60003 filed 8-22-2019; operative
						10-1-2019 (Register 2019, No. 34).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Section
						  21080.5,
						  Public Resources Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1 - Administrative Procedures › Article 1 - Board Meetings and Hearings › Section 60004 - General Environmental Review Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Definitions. As used in this Article, the
					 following definitions shall apply.
(1) "CARB"
					 means the State Air Resources Board and its staff.
(2) "state board" means the governing body of
					 the State Air Resources Board.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1 - Administrative Procedures › Article 1 - Board Meetings and Hearings › Section 60004.1 - Environmental Analysis Finding NO Impacts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contents. The Environmental Analysis
					 Finding No Impacts shall contain:
(1) A brief
					 description of the proposed project; and
(2) Either:
(A) An explanation demonstrating that the
					 CARB's review of the project showed that the project would not have any
					 significant or potentially significant effects on the environment and therefore
					 no alternatives or mitigation measures are proposed to avoid or reduce any
					 significant effects on the environment, or
(B) Mitigation measures, if any, included in
					 the project to avoid potentially significant effects that the project might
					 have on the environment.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1 - Administrative Procedures › Article 1 - Board Meetings and Hearings › Section 60004.2 - Environmental Impact Analysis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contents. The Draft and Final
					 Environmental Impact Analyses shall contain the following:
(1) A description of the project;
(2) A description of the applicable
					 environmental and regulatory setting for the project;
(3) A discussion and consideration of
					 environmental impacts, adverse or beneficial, and feasible mitigation measures
					 which could minimize significant adverse impacts identified;
(4) A discussion of cumulative and
					 growth-inducing impacts, and any mandatory findings of significance per
					 California Code of Requlations, title 14, section
					 15065; and
(5) A discussion of a reasonable range of
					 alternatives to the proposed project, which could feasibly attain most of the
					 project objectives but could avoid or substantially lessen any of the
					 identified significant impacts, consistent with California Code of Regulations,
					 title 14, section
					 15126.6.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1 - Administrative Procedures › Article 1 - Board Meetings and Hearings › Section 60004.4 - Addendum to an Environmental Impact Analysis or Environmental Analysis Finding NO Impacts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 General. An addendum may be prepared where the circumstances set forth in
					 section 15164 of title 14 of the
					 California Code of Regulations exist.
(b) Contents. The Addendum to a certified
					 Environmental Analysis or an adopted Environmental Analysis Finding No Impacts
					 shall contain only the information necessary to update the information
					 contained in the previous document.
(c) An Addendum need not be circulated for
					 public review but can be included in or attached to the certified Environmental
					 Impact Analysis or adopted Environmental Analysis Finding No Impacts.
(d) Consideration and Approval. Before
					 deciding to approve the project, the state board shall consider the Addendum
					 with the final Environmental Impact Analysis or adopted Environmental Analysis
					 Finding No Impacts prior to making a decision on the project. Approval by the
					 state board of a proposed project subject to an Addendum shall occur on the
					 date of the board meeting in which the state board approves or approves for
					 adoption the project, consistent with California Code of Regulations, title 14,
					 section 15352(a). To the
					 extent this subsection requires actions to be undertaken by the state board,
					 those requirements shall not apply where the relevant actions are instead
					 undertaken by the Executive Officer under delegation from the state board to
					 carry out changes in regulatory language pursuant to Government Code section
					 11346.8(c).
					 The requirements for such actions are specified in sections
					 60004(e),
					 60004.1(e),
					 60004.2(e),
					 60004.3(f), and
					 60004.4(e).
(e) Executive Officer Authority. As specified
					 in section
					 60004(e), for
					 projects subject to the rulemaking proceedings under the California
					 Administrative Procedure Act (Government Code, section
					 11340 et
					 seq.), the state board may delegate to the Executive Officer the authority to
					 both (1) either approve or disapprove proposed changes in regulatory language
					 under Government Code section
					 11346.8(c), and
					 (2) conduct any appropriate further
					 environmental review associated with such changes, consistent with section
					 60004.
1. New
						section filed 8-22-2019; operative 10-1-2019 (Register 2019, No.
						34).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Section
						  21080.5,
						  Public Resources Code; and California Code of Regulations, title 14, sections
						  15064,
						  15162,
						  15164 and
						  15300.4.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1 - Administrative Procedures › Article 1 - Board Meetings and Hearings › Section 60005 - Administrative Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Procedure for Developing and Public Review of Administrative Record. CARB shall
					 prepare and keep an administrative record of the proceedings during which an
					 environmental analysis is prepared.
(b) Contents. For a rulemaking item, the
					 rulemaking record as specified in section
					 11347.3 of
					 the California Government Code will generally also constitute the CEQA
					 administrative record for that item under section
					 21167.6
					 of the California Public Resources Code. The administrative record for a
					 non-rulemaking item shall generally include all documents relied upon by the
					 state board in making its decision on the project. The administrative record
					 shall include external studies and any internal communications that were
					 actually relied upon for decision-making by the state board, information
					 submitted to CARB, and any other information required by law to be considered
					 by the state board in making its decision. However, notwithstanding the above,
					 and to the extent consistent with section
					 21167.6
					 of the Public Resources Code, the administrative record need not include any
					 documents that are privileged or otherwise not relied upon by the state board
					 in making its decision on the project, including, without limitation, documents
					 that:
(1) Would cause CARB to abrogate its
					 attorney-client privileges or work product doctrine;
(2) Are currently subject to the deliberative
					 process privilege; or
(3)
					 Constitute administrative drafts of environmental documents, working drafts or
					 papers concerning environmental documents, draft staff reports, internal
					 staff-level emails or similar correspondence, and other preliminary
					 documents.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1 - Administrative Procedures › Article 1 - Board Meetings and Hearings › Section 60006 - Quorum

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The presence of a majority of the total appointed voting
						members of the state board shall constitute a quorum, and formal decisions
						shall be by vote of a majority of the quorum. No formal decision on any item
						shall be made in the absence of a quorum.
1.
						Repealer of former section
						60006 and renumbering of former
						section 60003 to new section
						60006 filed 8-22-2019; operative
						10-1-2019 (Register 2019, No. 34).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Section
						  39510,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1 - Administrative Procedures › Article 1 - Board Meetings and Hearings › Section 60007 - Record of Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Board proceedings shall be recorded electronically, or by other appropriate
					 means. The recording or transcript shall be made available to the public for
					 review at the state board's main office. At the request of the state board, the
					 executive officer, or any interested person, the proceedings shall be recorded
					 by a certified court reporter and the cost thereof borne by the person making
					 the request. Upon a showing of need, economic hardship, and the public interest
					 to be served, any person may request, and the state board or executive officer
					 may grant, a transcript of specified proceedings at state board
					 expense.
(b) For every rulemaking
					 proceeding, the secretary of the state board shall maintain a file as required
					 by Government Code Section
					 11347.3.
1.
						Repealer of former section
						60007 and renumbering of former
						section 60004 to new section
						60007 filed 8-22-2019; operative
						10-1-2019 (Register 2019, No. 34).
Note: Authority cited: Section
						  39601,
						  Health and Safety Code. Reference: Section
						  39600,
						  Health and Safety Code; and Sections
						  6250 et
						  seq. and
						  11347.3,
						  Government Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1 - Administrative Procedures › Article 1 - Board Meetings and Hearings › Section 60008 - Local District Amendment of Regulations Adopted by State Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For one year
					 after the state board's adoption for a district of any program or portion
					 thereof or rule, or regulation, any amendment by a district pursuant to its own
					 regulations, of such program or portion thereof or rule, or regulation, shall
					 not be effective for any purpose unless and until the state board finds that
					 such amendment will not interfere with the district's ability to achieve and
					 maintain the state's ambient air quality standards. The state board may at any
					 time, by resolution adopted either on its own motion or at the request of an
					 affected district, exempt from the provisions of this section any program or
					 portion thereof or rule, or regulation adopted by it for a local
					 district.
(b) Upon amendment by a
					 district, within the one-year period provided in paragraph (a), of a program or
					 portion thereof or rule, or regulation, adopted for it by the state board, the
					 district shall file such amendment with the general counsel of the state board,
					 accompanied by a request for review pursuant to this section. Within thirty
					 (30) days of such filing, the board's executive officer shall review the
					 amendment for the purpose of making the state board finding set forth in
					 paragraph (a). In the event the executive officer finds that the amendments do
					 not satisfy the requirements of paragraph (a), the executive officer shall
					 notify the district in writing of such finding and set forth the specific
					 reasons therefor. Unless the executive officer so notifies the district within
					 the thirty-day period specified herein, the state board shall be deemed to have
					 made the finding set forth in paragraph (a) of this section.
(c) The determination of the executive
					 officer pursuant to paragraph (b) of this section shall be reviewable by the
					 state board pursuant to the procedures set forth in Sections
					 60020-60023 of Title 17 of the
					 California Administrative Code.
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41504,
						  Health and Safety Code. Reference: Sections
						  39002,
						  39500,
						  39600
						  and
						  41500,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1 - Administrative Procedures › Article 2 - State Board Review of Executive Officer Actions › Section 60020 - Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A petition to
					 the state board for review of action taken by the executive officer relating to
					 the matters set forth in Health and Safety Code Section
					 39515(c)
					 must be received by the state board or postmarked no later than thirty (30)
					 days from the date of the action sought to be reviewed.
(b) Any air pollution control district, air
					 quality planning agency, or member of the public shall, upon written request to
					 the board secretary, be mailed notice of such executive officer action at the
					 time it is taken.
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Section
						  39515,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1 - Administrative Procedures › Article 2 - State Board Review of Executive Officer Actions › Section 60021 - Scheduling of Board Review; Procedure for Stay

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a petition for review of
					 an executive officer action, the matter shall be placed on the agenda of the
					 next regularly scheduled board meeting to take place at least ten (10) days
					 following receipt of the petition. A notice shall be promptly mailed to the
					 petitioner and to all parties who participated in any executive officer hearing
					 on the action being reviewed.
(b)
					 The executive officer action shall remain in full force and effect pending
					 state board review unless petition for review demonstrates to the satisfaction
					 of the executive officer that a stay of the action is needed to prevent
					 irreparable injury to the public or an affected member thereof. If, in its
					 initial consideration of a petition for review, the board does not take final
					 action on the petition, or at any other time, the board may, at the request of
					 the petitioner or on its own motion, grant a stay of the executive officer
					 action pending final board action.
(c) The board or the executive officer shall
					 have the power, on a showing of good cause by the petitioner, to continue the
					 hearing on the petition to the next regularly scheduled board meeting following
					 the meeting at which the petition is originally scheduled for
					 hearing.
1.
						Editorial correction of subsection (a) filed 5-7-84; effective thirtieth day
						thereafter (Register 84, No. 19).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Section
						  39515,
						  Health and Safety Code.