reglab/statecodes huggingface dataset:
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 2 - Criteria Applied in the Review of Proposed Regulations › Section 20 - "Incorporation by Reference."

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Incorporation by reference" means the
				  method whereby a regulation printed in the California Code of Regulations makes
				  provisions of another document part of that regulation by reference to the
				  other document.
(b) Material
				  proposed for "incorporation by reference" shall be reviewed in accordance with
				  procedures and standards for a regulation published in the California Code of
				  Regulations. Except as otherwise specified in section
				  11 of these regulations, OAL shall
				  not review material proposed for "incorporation by reference" for compliance
				  with the applicable standards of Government Code section
				  11349.1
				  when a California statute or other applicable law specifically requires the
				  adoption or enforcement of the incorporated material by the rulemaking
				  agency.
(c) An agency may
				  "incorporate by reference" only if the following conditions are met:
(1) The agency demonstrates in the final
				  statement of reasons that it would be cumbersome, unduly expensive, or
				  otherwise impractical to publish the document in the California Code of
				  Regulations.
(2) The agency
				  demonstrates in the final statement of reasons that the document was made
				  available upon request directly from the agency, or was reasonably available to
				  the affected public from a commonly known or specified source. In cases where
				  the document was not available from a commonly known source and could not be
				  obtained from the agency, the regulation shall specify how a copy of the
				  document may be obtained.
(3) The
				  informative digest in the notice of proposed action clearly identifies the
				  document to be incorporated by title and date of publication or issuance. If,
				  in accordance with Government Code section
				  11346.8(c),
				  the agency changes the originally proposed regulatory action or informative
				  digest to include the incorporation of a document by reference, the document
				  shall be clearly identified by title and date of publication or issuance in the
				  notice required by section
				  44 of these regulations.
(4) The regulation text states that the
				  document is incorporated by reference and identifies the document by title and
				  date of publication or issuance. Where an authorizing California statute or
				  other applicable law requires the adoption or enforcement of the incorporated
				  provisions of the document as well as any subsequent amendments thereto, no
				  specific date is required.
(5) The
				  regulation text specifies which portions of the document are being incorporated
				  by reference.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 2 - Criteria Applied in the Review of Proposed Regulations › Section 40 - "Nonsubstantial Changes."

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Changes to the original text of a regulation shall be
					 deemed to be "nonsubstantial," as that term is used in Government Code Section
					 11346.8,
					 if they clarify without materially altering the requirements, rights,
					 responsibilities, conditions, or prescriptions contained in the original
					 text.
1. New
					 section filed 1-2-86; effective upon filing pursuant to Government Code Section
					 11346.2(d)
					 (Register 86, No. 1).
2. Change without regulatory effect pursuant
					 to Section 100, Title 1, California Code of
					 Regulations adding quotation marks around "Nonsubstantial Changes" in the
					 section heading and substituting "11349.1(c)" for "11349.1" in the NOTE filed
					 1-5-89; operative 1-5-89 (Register 89, No. 3).
3. Editorial
					 correction of HISTORY No. 2 (Register 89, No. 12).
Note: Authority cited: Sections
						11342.4
						and
						11349.1(c),
						Government Code. Reference: Section
						11346.8(c),
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 2 - Criteria Applied in the Review of Proposed Regulations › Section 42 - "Sufficiently Related" Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Changes to the original text of a regulation shall be
					 deemed to be "sufficiently related," as that term is used in Government Code
					 Section
					 11346.8,
					 if a reasonable member of the directly affected public could have determined
					 from the notice that these changes to the regulation could have
					 resulted.
1. New
					 section filed 1-2-86; effective upon filing pursuant to Government Code Section
					 11346.2(d)
					 (Register 86, No. 1).
2. Change without regulatory effect pursuant
					 to Section 100, Title 1, California Code of
					 Regulations adding quotation marks around "Sufficiently Related" in the section
					 heading and substituting "11349.1(c)" for "11349.1(b)" in the NOTE filed
					 1-5-89; operative 1-5-89 (Register 89, No. 3).
3. Editorial
					 correction of HISTORY No. 2 (Register 89, No. 12).
Note: Authority cited: Sections
						11342.4
						and
						11349.1(c),
						Government Code. Reference: Section
						11346.8(c),
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 2 - Criteria Applied in the Review of Proposed Regulations › Section 44 - Public Availability of Changes to Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least 15 calendar days prior to the
				  adoption of a change to a regulation required to be made available to the
				  public by Government Code section
				  11346.8(c),
				  the rulemaking agency shall mail a notice stating the period within which
				  comments will be received together with a copy of the full text of the
				  regulation as originally proposed, with the proposed change clearly indicated,
				  to the following:
(1) all persons who
				  testified at the public hearing; and
(2) all persons who submitted written
				  comments at the public hearing; and
(3) all persons whose comments were received
				  by the agency during the public comment period; and
(4) all persons who requested notification
				  from the agency of the availability of such changes.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 2 - Criteria Applied in the Review of Proposed Regulations › Section 45 - 15-Day Public Availability of Supporting Documents and Information. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 1-2-86; effective upon filing pursuant to Government Code Section
					 11346.2(d)
					 (Register 86, No. 1).
2. Change without regulatory effect pursuant
					 to Section 100, Title 1, California Code of
					 Regulations substituting "11349.1(c)" for "11349.1(b)" in the NOTE filed
					 1-5-89; operative 1-5-89 (Register 89, No. 3).
3. Editorial
					 correction of HISTORY No. 2 (Register 89, No. 12).
4. Change without
					 regulatory effect pursuant to Section
					 100, Title 1, California Code of
					 Regulations substituting "15-Day" for "15 Day" in the caption filed 7-2-90;
					 operative 7-25-90 (Register 90, No. 35).
5. Change without
					 regulatory effect pursuant to Section
					 100, Title 1, California Code of
					 Regulations substituting "11346.9(a)(1)" for "11346.7(b)(1)" in subsection (a);
					 "11346.9(a)(3)" for "11346.7(b)(3)" in subsection (c); and deleting
					 "11346.7(b)(1), 11346.7(b)(3) and" and adding "and 11346.9(a)(1) and (3)" in
					 the reference citation under "NOTE." Filed 1-3-95; operative upon filing
					 (Register 95, No. 1).
6. Editorial correction adding HISTORY 4
					 (Register 95, No. 1).
7. Change without regulatory effect repealing
					 section filed 12-28-2000 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2000, No. 52).
Note: Authority cited: Sections
						11342.4
						and
						11349.1(c),
						Government Code. Reference: Sections
						11346.8(d)
						and
						11346.9(a)(1) and
						(3), Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 2 - Criteria Applied in the Review of Proposed Regulations › Section 46 - "Clearly Indicated" Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Changes to regulations in accordance with
				  Government Code Section
				  11346.8(c)
				  shall be made using a uniform method and shall illustrate accurately all
				  changes to the original text.
(b)
				  Methods for illustrating such changes may include but are not limited to the
				  following:
(1) annotations which specify the
				  added or deleted language; or
(2)
				  footnotes which specify the added or deleted language; or
(3) double strikeout and double underline;
				  or
(4) for changes to newly
				  proposed text, strikeout and double underline or strikeout and
				  italics.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 2 - Criteria Applied in the Review of Proposed Regulations › Section 48 - Notice of Proposed Emergency Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the emergency situation clearly poses such an
					 immediate, serious harm that delaying action to allow public comment would be
					 inconsistent with the public interest, the notice required by Government Code
					 section
					 11346.1(a)
					 shall contain the following or substantially similar statement:
"Government Code section
					 11346.1(a)(2)
					 requires that, at least five working days prior to submission of the proposed
					 emergency action to the Office of Administrative Law, the adopting agency
					 provide a notice of the proposed emergency action to every person who has filed
					 a request for notice of regulatory action with the agency. After submission of
					 the proposed emergency to the Office of Administrative Law, the Office of
					 Administrative Law shall allow interested persons five calendar days to submit
					 comments on the proposed emergency regulations as set forth in Government Code
					 section
					 11349.6."
1. New
					 section filed 2-25-2008; operative 3-26-2008 (Register 2008, No. 9).
Note: Authority cited: Section
						11342.4,
						Government Code. Reference: Sections
						11342.545,
						11346.1
						and
						11349.6,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 2 - Criteria Applied in the Review of Proposed Regulations › Section 50 - Special Requirements for Submission of Emergency Regulatory Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For all emergency regulatory actions
				  promulgated in accordance with Government Code section
				  11346.1,
				  the agency must:
(1) Prepare the documentation
				  described in subsection (b); and either
(2) Submit one hard copy of the documentation
				  along with hard copies of all documents described in section
				  6, subsection (a); or
(3) Submit one electronic copy of the
				  documentation along with electronic copies of all documents described in
				  section 6.5, subsection (a)(1).
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 2 - Criteria Applied in the Review of Proposed Regulations › Section 52 - Readoption of Emergency Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Readoption of an emergency regulation
				  pursuant to Government Code section
				  11346.1(h)
				  requires sending a notice of the proposed regulatory action pursuant to
				  Government Code section
				  11346.1(a)(2).
(b) In addition to fulfilling the
				  requirements for submission of regulatory actions described in sections
				  6 or
				  6.5 and
				  50, an agency requesting approval
				  for readoption of an emergency regulation shall provide the following:
(1) A statement providing specific facts
				  demonstrating by substantial evidence that the agency has made substantial
				  progress and proceeded with diligence to comply with Government Code section
				  11346.1(e);
				  and either
(2) A statement that the
				  emergency circumstances are unchanged since the initial adoption or prior
				  readoption; or
(3) An updated
				  finding of emergency required by Government Code section
				  11346.1(b)
				  to reflect circumstances that have changed since the initial adoption or prior
				  readoption.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 2 - Criteria Applied in the Review of Proposed Regulations › Section 55 - OAL Review of Public Comments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) OAL may consider comments submitted
				  directly to OAL by the public in connection with emergency regulation reviews,
				  including the review of an emergency regulation proposed to be readopted. OAL
				  shall not consider comments submitted directly to OAL by the public when OAL is
				  reviewing:
(1) certificate of compliance
				  regulation filings under Government Code sections
				  11346.1(e)
				  and
				  11349.6(d);
				  or
(2) non-emergency regulation
				  filings under Government Code section
				  11349.3
				  and section
				  100.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 2 - Criteria Applied in the Review of Proposed Regulations › Section 56 - Emergency Regulations Adopted After Completion of Rulemaking Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a regulation adopted as an emergency
				  is submitted to OAL with the certificate of compliance and the rulemaking file,
				  and the rulemaking file documents that the agency has complied with Government
				  Code sections
				  11346.2
				  through
				  11346.9,
				  OAL shall:
(1) review the emergency statement
				  within ten days and not file the regulation if OAL determines that the
				  statement fails to satisfy the requirements of Government Code section
				  11346.1(b);
				  and
(2) review the emergency
				  regulation and rulemaking file within 30 days and order repeal of the
				  regulation if OAL determines that the regulation fails to meet the standards
				  set forth in section
				  11349.1 of
				  the Government Code or if OAL determines that the regulation fails to comply
				  with the APA.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 2 - Criteria Applied in the Review of Proposed Regulations › Section 84 - Incorporation of Prior Files by Reference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In re-submitting to OAL a regulation previously withdrawn
					 or disapproved in accordance with either Government Code section
					 11349.3 or
					 11349.4,
					 an agency may incorporate by reference all or any part of the withdrawn or
					 disapproved file. To incorporate such files, the agency shall submit a
					 transmittal memo identifying the prior rulemaking file by date of submission
					 and specifying that portion of the prior file that is incorporated by
					 reference.
1. New
					 section filed 1-2-86; effective upon filing pursuant to Government Code section
					 11346.2(d)
					 (Register 86, No. 1).
2. Change without regulatory effect pursuant
					 to section 100, title 1, California Code of
					 Regulations substituting "11349.1(c)" for "11349.1(b)" in the NOTE filed
					 1-5-89; operative 1-5-89 (Register 89, No. 3).
3. Editorial
					 correction of HISTORY No. 2 (Register 89, No. 12).
4. Change without
					 regulatory effect amending sections filed 7-25-90 pursuant to section
					 100, title 1, California Code of
					 Regulations; operative 7-25-90 (Register 90, No. 38).
Note: Authority cited: Sections
						11342.4
						and
						11349.1(c),
						Government Code. Reference: Section
						11347.3(b),
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 2 - Criteria Applied in the Review of Proposed Regulations › Section 86 - Statement of Mailing Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The rulemaking record shall contain a statement confirming
					 that the agency complied with the provisions of Government Code Section
					 11346.4(a)(1) through
					 (4) regarding the mailing of notice of
					 proposed action at least 45 days prior to public hearing and close of the
					 public comment period, and stating the date upon which the notice was mailed.
					 This section is not intended to require an agency to provide a copy of its
					 mailing list to support the statement.
1. New
					 section filed 1-2-86; effective upon filing pursuant to Government Code Section
					 11346.2(d)
					 (Register 86, No. 1).
2. Change without regulatory effect pursuant
					 to Section 100, Title 1, California Code of
					 Regulations adding "(c)" to "11349.1" in the NOTE filed 1-5-89; operative
					 1-5-89 (Register 89, No. 3).
3. Editorial correction of HISTORY No.
					 2 (Register 89, No. 12).
4. Change without regulatory effect
					 amending section filed 10-29-2014 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2014, No. 44).
Note: Authority cited: Sections
						11342.4
						and
						11349.1(c),
						Government Code. Reference: Section
						11346.4,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 2 - Criteria Applied in the Review of Proposed Regulations › Section 90 - "Transcript," "Recording," or "Minutes."

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Information submitted in compliance with
				  the requirements of Government Code section
				  11347.3(b)(8)
				  shall fully and accurately reflect all proceedings applicable to the rulemaking
				  action under review and shall be adequate:
(1) to ensure effective review of the record
				  by OAL, in light of the provisions of the APA providing for meaningful public
				  participation; and
(2) to permit
				  effective judicial review of the record.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 2 - Criteria Applied in the Review of Proposed Regulations › Section 100 - Publication of "Changes Without Regulatory Effect."

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject to the approval of OAL as
				  provided in subsections (c) and (d), an agency may add to, revise or delete
				  text published in the California Code of Regulations without complying with the
				  rulemaking procedure specified in article 5 of the APA only if the change does
				  not materially alter any requirement, right, responsibility, condition,
				  prescription or other regulatory element of any California Code of Regulations
				  provision. Subject to the approval of OAL, the Department of Social Services
				  may add to, revise or delete text published in the department Manual of
				  Policies and Procedures (MPP) without complying with the rulemaking procedure
				  specified in article 5 of the APA only if the change does not materially alter
				  any requirement, right, responsibility, condition, prescription or other
				  regulatory element of the MPP. The addition, revision or deletion is a "change
				  without regulatory effect." Changes without regulatory effect may include, but
				  are not limited to:
(1) renumbering,
				  reordering, or relocating a regulatory provision;
(2) deleting a regulatory provision for which
				  all statutory or constitutional authority has been repealed;
(3) deleting a regulatory provision held
				  invalid in a judgment that has become final, entered by a California court of
				  competent jurisdiction, a United States District Court located in the State of
				  California, the United States Court of Appeals for the Ninth Circuit, or the
				  United States Supreme Court; however, OAL shall not approve any proposed change
				  without regulatory effect if the change is based on a superior court decision
				  which invalidated the regulatory provision solely on the grounds that the
				  underlying statute was unconstitutional;
(4) revising structure, syntax,
				  cross-reference, grammar, or punctuation;
(5) changing an "authority" or "reference"
				  citation for a regulation; and,
(6)
				  making a regulatory provision consistent with a changed California statute if
				  both of the following conditions are met:
(A)
				  the regulatory provision is inconsistent with and superseded by the changed
				  statute, and
(B) the adopting
				  agency has no discretion to adopt a change which differs in substance from the
				  one chosen.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 2 - Criteria Applied in the Review of Proposed Regulations › Section 120 - Publication Date and Submission of Notice for Approval and Publication

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of former section
					 120 to section
					 5 filed 6-26-90; operative 7-25-90
					 (Register 90, No. 35). For prior history, see Register 89, No.
					 12).
2. Editorial correction restoring section
					 120 inadvertently omitted in
					 printing of Register 90, No. 35 (Register 90, No. 52).
3. Editorial
					 correction relocating HISTORY information related to Appendix A to section
					 1 and removing former HISTORIES 3
					 through 7 (Register 2013, No. 6).
Note: Authority cited: Section
						11342.4,
						Government Code. Reference: Sections
						11344.1,
						11346.4,
						11346.5,
						11346.53,
						11346.55
						and
						11346.7,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 2 - Criteria Applied in the Review of Proposed Regulations › Appendix A

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(For history of Appendix A, see history notes under section
					 1.)
Click here
					 to view image
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 3 - Procedures for Regulatory Determinations [Repealed] › Section 121 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Article 2 (sections
					 121-128) filed 10-31-85; effective
					 thirtieth day thereafter (Register 85, No. 44).
2. Change without
					 regulatory effect pursuant to section
					 100, title 1, California Code of
					 Regulations restructuring text of subsection (a) with designations of
					 subsections (a), (a)(1) and (a)(2); adding quotation marks around "regulation"
					 in subsection (a); capitalizing "it" in subsections (a)(1) and (a)(2);
					 substituting "pursuant to" for "in accordance with" in subsection (a)(1) and
					 adding a comma before and after "or"; deleting "unless" at the beginning of
					 subsection (a)(2); substituting "article" for "chapter" and adding quotation
					 marks around "regulation" in subsection (b); adding "(b)" to "11347.5" and
					 adding a California Reporter reference in the NOTE filed 3-16-89; operative
					 3-16-89 (Register 89, No. 18).
3. Editorial correction of HISTORY
					 NO. 2 (Register 89, No. 18).
4. Change without regulatory effect
					 amending sections filed 7-25-90 pursuant to section
					 100, title 1, California Code of
					 Regulations; operative 7-25-90 (Register 90, No. 38).
5. Change
					 without regulatory effect pursuant to Section
					 100, Title 1, California Code of
					 Regulations, substituting "11342(g)" for "11342(b)," in subsection (a);
					 "11340.5" for "11347.5" and "11342(g)" for "11342(b)" in subsection (b); and
					 "11340.5(b)" for 11347.5(b)" in the reference citation under "NOTE." Filed
					 1-3-95; operative upon filing (Register 95, No. 1).
6. Amendment
					 filed 6-20-2001; operative 6-20-2001 pursuant to Government Code section
					 11343.4
					 (Register 2001, No. 25).
7. Change without regulatory effect
					 amending subsection (b) filed 2-22-2002 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2002, No. 8).
8. Repealer of article 3
					 (sections 121-128 and appendix A) and
					 repealer of section filed 1-21-2003 as an emergency; operative 1-21-2003
					 (Register 2003, No. 4). A Certificate of Compliance must be transmitted to OAL
					 by 5-21-2003 or the emergency action will be repealed by operation of law on
					 the following day.
9. Certificate of Compliance as to 1-21-2003
					 order transmitted to OAL 3-27-2003 and filed 5-8-2003 (Register 2003, No.
					 19).
Note: Authority cited: Section
						11342.4,
						Government Code. Reference: Section
						11340.5(b),
						Government Code; and Armistead v. State Personnel Board (1978) 22 Cal. 3d 198,
						149 Cal. Rptr. 1.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 3 - Procedures for Regulatory Determinations [Repealed] › Section 122 - Contents of Requests for Determination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-31-85; effective thirtieth day thereafter (Register 85, No.
					 44).
2. Change without regulatory effect pursuant to section
					 100, title 1, California Code of
					 Regulations adding "the" before "state" in subsection (a)(2); dividing
					 subsection (a)(3) into (a)(3)(A) and (a)(3)(B) and adding a comma before and
					 after "or" which separates the two provisions; incorporating (a)(4) into
					 (a)(3)(B) and substituting "attempted enforcement" for "attempt to enforce";
					 deleting the comma after "determination" in subsection (c); incorporating the
					 first and second sentence of subsection (e); deleting "The office shall return
					 the request" before "if" and deleting "it" after "if"; substituting "satisfy"
					 for "comply with," adding "return the request"; substituting "specifying" for
					 "specify" and substituting "satisfied" for "complied with"; and adding "(b)" to
					 "11347.5" in the NOTE filed 3-16-89; operative 3-16-89 (Register 89, No.
					 18).
3. Editorial correction of HISTORY NOS. 1 and 2 (Register 89,
					 No. 18).
4. Change without regulatory effect amending sections filed
					 7-25-90 pursuant to section
					 100, title 1, California Code of
					 Regulations; operative 7-25-90 (Register 90, No. 38).
5. Change
					 without regulatory effect pursuant to Section
					 100, Title 1, California Code of
					 Regulations substituting "11340.5(b)" for "11347.5(b)" in the reference
					 citation under "NOTE." Filed 1-3-95; operative upon filing (Register 95, No.
					 1).
6. Amendment filed 6-20-2001; operative 6-20-2001 pursuant to
					 Government Code section
					 11343.4
					 (Register 2001, No. 25).
7. Repealer filed 1-21-2003 as an
					 emergency; operative 1-21-2003 (Register 2003, No. 4). A Certificate of
					 Compliance must be transmitted to OAL by 5-21-2003 or the emergency action will
					 be repealed by operation of law on the following day.
8. Certificate
					 of Compliance as to 1-21-2003 order transmitted to OAL 3-27-2003 and filed
					 5-8-2003 (Register 2003, No. 19).
Note: Authority cited: Section
						11342.4,
						Government Code. Reference: Section
						11340.5(b),
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 3 - Procedures for Regulatory Determinations [Repealed] › Section 123 - Processing a Request for Determination: Initial Receipt and Review, Summary Disposition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-31-85; effective thirtieth day thereafter (Register 85, No.
					 44).
2. Change without regulatory effect filed pursuant to section
					 100, title 1, California Code of
					 Regulations adding "Processing of a Request for Determination: Initial Receipt
					 and Review, Commencing Active Consideration, Notification of" and deleting "of
					 a Request for Determination" after "Consideration" in the caption; separating
					 the text into subsection (a)-(d); adding comma between "receipt" and "within"
					 in subsection (c); changing "the office" to "it" in subsection (d);
					 substituting "each" for "the" before the first "request" in subsection (d);
					 adding "of commencement" after "notification" in subsection (d) and adding a
					 colon after "to" in subsection (d); adding a semicolon after "request" in
					 subsection (d)(1) and adding a comma after "and" in subsection (d)(1); and
					 adding "(b)" to "11347.5" in the NOTE filed 3-16-89; operative 3-16-89
					 (Register 89, No. 18).
3. Editorial correction of HISTORY NOS. 1 and
					 2 (Register 89, No. 18).
4. Editorial correction of HISTORY NO. 2
					 (Register 89, No. 26).
5. Change without regulatory effect amending
					 sections filed 7-25-90 pursuant to section
					 100, title 1, California Code of
					 Regulations; operative 7-25-90 (Register 90, No. 38).
6. Change
					 without regulatory effect pursuant to Section
					 100, Title 1, California Code of
					 Regulations substituting "11340.5(b)" for "11347.5(b)" in the reference
					 citation under "NOTE." Filed 1-3-95; operative upon filing (Register 95, No.
					 1).
7. Amendment of section heading and section filed 6-20-2001;
					 operative 6-20-2001 pursuant to Government Code section
					 11343.4
					 (Register 2001, No. 25).
8. Repealer filed 1-21-2003 as an
					 emergency; operative 1-21-2003 (Register 2003, No. 4). A Certificate of
					 Compliance must be transmitted to OAL by 5-21-2003 or the emergency action will
					 be repealed by operation of law on the following day.
9. Certificate
					 of Compliance as to 1-21-2003 order transmitted to OAL 3-27-2003 and filed
					 5-8-2003 (Register 2003, No. 19).
Note: Authority cited: Section
						11342.4,
						Government Code. Reference: Section
						11340.5(b),
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 3 - Procedures for Regulatory Determinations [Repealed] › Section 124 - Publication of Request; Written Public Comments. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-31-85; effective thirtieth day thereafter (Register 85, No.
					 44).
2. Change without regulatory effect pursuant to section
					 100, title 1, California Code of
					 Regulations adding "Notice of Active Consideration; Public Comments:" in the
					 caption; dividing subsection (a) as subsections (a), (a)(1), (a)(2), (a)(2)(A)
					 and (a)(2)(B); substituting "it" for "the office" and adding "in the California
					 Regulatory Notice Register" in subsection (a); deleting "in the California
					 Administrative Notice Register" and adding "; and" in subsection (a)(1);
					 deleting "The office shall at the same time publish" before "a notice,"
					 deleting "which shall specify" after "a notice," and adding "stating" to
					 subsection (a)(2); adding parenthetical marks, substituting "the" for "this"
					 before "notice" and adding "; and," in subsection (a)(2)(A); deleting "The
					 notice shall also specify" at the beginning of subsection (a)(2)(B); adding
					 "(b)" to "11347.5" and deleting "and 11344.1(a)(8)" from the "Reference"
					 portion of the NOTE filed 3-16-89; operative 3-16-89 (Register 89, No.
					 18).
3. Editorial correction of HISTORY NOS. 1 and 2 (Register 89,
					 No. 18).
4. Editorial correction of HISTORY NO. 2 (Register 89, No.
					 26).
5. Editorial correction of subsection (a)(2) printing error
					 (Register 89, No. 33).
6. Change without regulatory effect amending
					 sections filed 7-25-90 pursuant to section
					 100, title 1, California Code of
					 Regulations; operative 7-25-90 (Register 90, No. 38).
7. Change
					 without regulatory effect pursuant to Section
					 100, Title 1, California Code of
					 Regulations substituting "11340.5(b)" for "11347.5(b)" in the reference
					 citation under "NOTE." Filed 1-3-95; operative upon filing (Register 95, No.
					 1).
8. Amendment of section heading and section filed 6-20-2001;
					 operative 6-20-2001 pursuant to Government Code section
					 11343.4
					 (Register 2001, No. 25).
9. Repealer filed 1-21-2003 as an
					 emergency; operative 1-21-2003 (Register 2003, No. 4). A Certificate of
					 Compliance must be transmitted to OAL by 5-21-2003 or the emergency action will
					 be repealed by operation of law on the following day.
10.
					 Certificate of Compliance as to 1-21-2003 order transmitted to OAL 3-27-2003
					 and filed 5-8-2003 (Register 2003, No. 19).
Note: Authority cited: Section
						11342.4,
						Government Code. Reference: Sections
						11340.5(b),
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 3 - Procedures for Regulatory Determinations [Repealed] › Section 125 - Agency Response. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-31-85; effective thirtieth day thereafter (Register 85, No.
					 44).
2. Change without regulatory effect pursuant to section
					 100, title 1, California Code of
					 Regulations adding "Agency Response;" to the caption; adding "(b)" to "11347.5"
					 in the NOTE filed 3-16-89; operative 3-16-89 (Register 89, No.
					 18).
3. Editorial correction of HISTORY NOS. 1 and 2 (Register 89,
					 No. 18).
4. Change without regulatory effect amending sections filed
					 7-25-90 pursuant to section
					 100, title 1, California Code of
					 Regulations; operative 7-25-90 (Register 90, No. 38).
5. Change
					 without regulatory effect pursuant to Section
					 100, Title 1, California Code of
					 Regulations substituting "11340.5(b)" for "11347.5(b)" in the reference
					 citation under "NOTE." Filed 1-3-95; operative upon filing (Register 95, No.
					 1).
6. Amendment of section heading and section filed 6-20-2001;
					 operative 6-20-2001 pursuant to Government Code section
					 11343.4
					 (Register 2001, No. 25).
7. Repealer filed 1-21-2003 as an
					 emergency; operative 1-21-2003 (Register 2003, No. 4). A Certificate of
					 Compliance must be transmitted to OAL by 5-21-2003 or the emergency action will
					 be repealed by operation of law on the following day.
8. Certificate
					 of Compliance as to 1-21-2003 order transmitted to OAL 3-27-2003 and filed
					 5-8-2003 (Register 2003, No. 19).
Note: Authority cited: Section
						11342.4,
						Government Code. Reference: Section
						11340.5(b),
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 3 - Procedures for Regulatory Determinations [Repealed] › Section 125.5 - Additional Information: Deadlines. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 6-20-2001; operative 6-20-2001 pursuant to Government Code
					 section
					 11343.4
					 (Register 2001, No. 25).
2. Repealer filed 1-21-2003 as an
					 emergency; operative 1-21-2003 (Register 2003, No. 4). A Certificate of
					 Compliance must be transmitted to OAL by 5-21-2003 or the emergency action will
					 be repealed by operation of law on the following day.
3. Certificate
					 of Compliance as to 1-21-2003 order transmitted to OAL 3-27-2003 and filed
					 5-8-2003 (Register 2003, No. 19).
Note: Authority cited: Section
						11342.4,
						Government Code. Reference: Section
						11340.5(b),
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 3 - Procedures for Regulatory Determinations [Repealed] › Section 126 - Time Period Within Which OAL Shall Issue a Determination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-31-85; effective thirtieth day thereafter (Register 85, No.
					 44).
2. Change without regulatory effect pursuant to section
					 100, title 1, California Code of
					 Regulations adding "(b)" to "11347.5" in the NOTE filed 3-16-89; operative
					 3-16-89 (Register 89, No. 18).
3. Editorial correction of HISTORY
					 NOS. 1 and 2 (Register 89, No. 18).
4. Change without regulatory
					 effect amending sections filed 7-25-90 pursuant to section
					 100, title 1, California Code of
					 Regulations; operative 7-25-90 (Register 90, No. 38).
5. Change
					 without regulatory effect pursuant to Section
					 100, Title 1, California Code of
					 Regulations substituting "11340.5(b)" for "11347.5(b)" in the reference
					 citation under "NOTE." Filed 1-3-95; operative upon filing (Register 95, No.
					 1).
6. Amendment filed 6-20-2001; operative 6-20-2001 pursuant to
					 Government Code section
					 11343.4
					 (Register 2001, No. 25).
7. Repealer filed 1-21-2003 as an
					 emergency; operative 1-21-2003 (Register 2003, No. 4). A Certificate of
					 Compliance must be transmitted to OAL by 5-21-2003 or the emergency action will
					 be repealed by operation of law on the following day.
8. Certificate
					 of Compliance as to 1-21-2003 order transmitted to OAL 3-27-2003 and filed
					 5-8-2003 (Register 2003, No. 19).
Note: Authority cited: Section
						11342.4,
						Government Code. Reference: Section
						11340.5(b),
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 3 - Procedures for Regulatory Determinations [Repealed] › Section 127 - Notification of the Issuance of a Determination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-31-85; effective thirtieth day thereafter (Register 85, No.
					 44).
2. Change without regulatory effect pursuant to section
					 100, title 1, California Code of
					 Regulations dividing the text into subsections (a), (a)(1), (a)(2), and (a)(3);
					 substituting a comma for the period after subsection (a)(1); deleting "the
					 office's determination and supporting reasons shall be" at the beginning,
					 substituting "Regulatory" for "Administrative," and substituting ," and" for
					 the period in subsection (a)(2); deleting "A copy of the office's determination
					 and supporting reasons shall be" at the beginning of subsection (a)(3); adding
					 "(b) and (c)" to "11347.5" and deleting "11344.1(a)(8)" from the "Reference"
					 portion of the NOTE filed 3-16-89; operative 3-16-89 (Register 89, No.
					 18).
3. Editorial correction of HISTORY NOS. 1 and 2 (Register 89,
					 No. 18).
4. Change without regulatory effect amending sections filed
					 7-25-90 pursuant to section
					 100, title 1, California Code of
					 Regulations; operative 7-25-90 (Register 90, No. 38).
5. Change
					 without regulatory effect pursuant to Section
					 100, Title 1, California Code of
					 Regulations substituting "11340.5(b) and (c)" for "11347.5(b) and (c)" in the
					 reference citation under "NOTE." Filed 1-3-95; operative upon filing (Register
					 95, No. 1).
6. Amendment filed 6-20-2001; operative 6-20-2001
					 pursuant to Government Code section
					 11343.4
					 (Register 2001, No. 25).
7. Repealer filed 1-21-2003 as an
					 emergency; operative 1-21-2003 (Register 2003, No. 4). A Certificate of
					 Compliance must be transmitted to OAL by 5-21-2003 or the emergency action will
					 be repealed by operation of law on the following day.
8. Certificate
					 of Compliance as to 1-21-2003 order transmitted to OAL 3-27-2003 and filed
					 5-8-2003 (Register 2003, No. 19).
Note: Authority cited: Section
						11342.4,
						Government Code. Reference: Sections
						11340.5(b) and
						(c), Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 1 - Review of Proposed Regulations › Article 4 - Official Version of the California Code of Regulations [Repealed] › Section 190 - Official Version of the California Code of Regulations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article 4 (section
					 190) filed 12-4-89; operative
					 12-4-89 (Register 89, No. 51).
2. Nonsubstantive change filed to
					 repeal section
					 190 on 3-25-92; operative upon
					 filing (Register 92, No. 19).
3. Editorial correction of HISTORY 2
					 (Register 2006, No. 14).
Note: Authority cited: Section
						11344,
						Government Code. Reference: Section
						11344,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 2 - Underground Regulations › Section 250 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The following definitions shall apply to the regulations contained in this
				chapter:
(1) "Underground regulation" means
				any guideline, criterion, bulletin, manual, instruction, order, standard of
				general application, or other rule, including a rule governing a state agency
				procedure, that is a regulation as defined in Section
				11342.600
				of the Government Code, but has not been adopted as a regulation and filed with
				the Secretary of State pursuant to the APA and is not subject to an express
				statutory exemption from adoption pursuant to the APA.
(2) "APA" and "OAL" have the same definitions
				as in Section
				1.
(3) "Petitioner" means any person, group,
				business, association, or other entity who submits a petition to OAL pursuant
				to section 260 alleging that a state agency
				has issued, used, enforced, or attempted to enforce an underground regulation
				in violation of section
				11340.5 of
				the Government Code.
(4)
				"Challenged agency" means the state agency a petitioner alleges has issued,
				used, enforced, or attempted to enforce an underground regulation.
(5) "Challenged Rule" means the regulation or
				rule (as defined by Government Code, section
				11342.600)
				alleged by the petitioner to be an underground regulation.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 2 - Underground Regulations › Section 260 - Submission of Petitions Regarding Underground Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				written petition may be submitted to OAL alleging that a state agency has
				issued, used, enforced, or attempted to enforce an underground regulation and
				seeking a determination from OAL pursuant to Section
				11340.5 of
				the Government Code. If mailed or personally delivered, the petition must be
				delivered to Office of Administrative Law, Attention: CTU, 300 Capitol Mall,
				Suite 1250, Sacramento, CA, 95814. If e-mailed, the petition must be sent to
				staff@oal.ca.gov. The petitioner shall submit a copy of the petition and all
				attachments to the challenged agency prior to or concurrently with submitting
				it to OAL. The submission of a petition pursuant to this chapter is not
				required prior to commencing legal action alleging a violation of section
				11340.5 of
				the Government Code.
(b) Any
				petition seeking a determination shall include all of the following:
(1) The name and contact information of the
				petitioner.
(2) The name of the
				challenged agency that has allegedly issued, used, enforced, or attempted to
				enforce the challenged rule.
(3) A
				complete description of the challenged rule and an original or photocopy of the
				challenged rule. If the challenged rule is found in an agency manual, then the
				petition shall additionally identify the specific provision of the manual
				alleged to comprise the challenged rule.
(4) A description of the actions of the
				challenged agency showing that it has issued, used, enforced, or attempted to
				enforce the challenged rule.
(5)
				The legal basis for concluding that the guideline, criterion, bulletin,
				provision in a manual, instruction, order, standard of general application, or
				other rule or procedure is a regulation as defined in Section
				11342.600
				of the Government Code and that no express statutory exemption to the
				requirements of the APA is applicable.
(6) Information demonstrating that the
				petition raises an issue of considerable public importance.
(7) The petitioner's written confirmation
				that the petitioner submitted a copy of the petition and all attachments to the
				challenged agency, as required by subsection (a).
(A) The petitioner's written confirmation
				must include the name of the individual at the challenged agency to whom the
				copy was submitted, as well as the address or e-mail address where submitted,
				as applicable.
(B) When a petition
				is submitted to OAL and the challenged agency concurrently in the same e-mail,
				and the e-mail address of the recipient at the challenged agency is visible to
				OAL, the e-mail satisfies the written confirmation requirement.
California Code of Regulations › Title 1 - General Provisions › Division 1 - Office of Administrative Law › Chapter 2 - Underground Regulations › Section 270 - OAL Review of Petitions Regarding Underground Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Upon receipt of a written petition submitted pursuant to this chapter:
(1) Within 60 calendar days of receipt of a
				written petition, OAL will determine if the petition is complete. If the
				petition is incomplete, OAL will notify the petitioner in writing what is
				missing from the petition, and that OAL will decline to consider the petition
				if the required items are not received within 60 calendar days of the date of
				the notice. OAL will begin the review period required in subsection (b) when
				the petition is complete.
(2) If
				the petition is complete, OAL will either accept or decline to consider the
				petition pursuant to subsection (b).
(A) Upon
				receipt of a complete petition, OAL will inform the challenged agency that the
				petition is under review and offer to provide a copy of the petition by
				e-mail.