reglab/statecodes huggingface dataset:
California Code of Regulations › Title 11 - Law › Division 3 - Gambling Control › Chapter 1 - The Bureau of Gambling Control › Article 8 - Major League Sports Raffle Program › Section 2105 - Accountability; Lawful Use of Proceeds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Every eligible organization shall be accountable for all cash, raffle-related
				  products for a registered event, financial statements, bank-validated deposit slips
				  for all proceeds from the registered event, and bank statements from all financial
				  accounts where proceeds from the registered event were deposited or
				  transferred.
(b) In accordance with
				  Penal Code section
				  320.6, all proceeds
				  generated by any registered event shall be devoted exclusively to the lawful
				  purposes.
(c) To ensure that all
				  proceeds are used for the lawful purposes of the eligible organization or the
				  eligible recipient organization, all financial accounts into which proceeds from the
				  registered event are deposited or transferred shall be open for review and
				  inspection by the Bureau.
(d) All cash
				  moneys derived from the conduct of the registered event shall be deposited into the
				  eligible organization's financial account within one business day of the registered
				  event.
(e) Prize payments and
				  distributions for the lawful purposes of the eligible organization or eligible
				  recipient organization are the only allowable expenditures from the proceeds of the
				  registered event.
1. New section
					 filed 4-28-2016 as an emergency; operative 4-28-2016 (Register 2016, No. 18). A
					 Certificate of Compliance must be transmitted to OAL by 10-25-2016 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 10-17-2016 as an emergency; operative 10-25-2016 (Register 2016,
					 No. 43). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. New section refiled 1-18-2017 as an emergency; operative
					 1-23-2017 (Register 2017, No. 3). A Certificate of Compliance must be transmitted to
					 OAL by 4-24-2017 or emergency language will be repealed by operation of law on the
					 following day.
4. Certificate of Compliance as to 1-18-2017 order,
					 including amendment of subsection (d), transmitted to OAL 4-17-2017 and filed
					 5-30-2017; amendments operative 5-30-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 22).
Note: Authority cited: Sections
						320.6(b)
						and
						320.6(o),
						Penal Code. Reference: Section
						320.6, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 3 - Gambling Control › Chapter 1 - The Bureau of Gambling Control › Article 8 - Major League Sports Raffle Program › Section 2106 - Advertising

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any advertising in
				  printed media, television, radio, or internet for a registered event shall include
				  all of the following information:
(1) The name of
				  the eligible organization conducting the raffle;
(2) The Bureau-issued registration identification
				  number for the eligible organization;
(3) The location, date and time, or point in the
				  registered event, of the corresponding manual draw for the raffle;
(4) The price of the raffle ticket;
(5) If different than the eligible organization
				  conducting the raffle, the name of the eligible recipient organization;
(6) The statement: "Ticket holders need not be
				  present to win," and the contact information, including the name, phone number, and
				  electronic mail address, of the eligible organization conducting the raffle;
				  and
(7) The toll-free telephone number
				  approved by the Office of Problem Gambling (or its successors) that provides
				  information and referral services for problem gamblers, currently
				  "1-800-GAMBLER."
California Code of Regulations › Title 11 - Law › Division 3 - Gambling Control › Chapter 1 - The Bureau of Gambling Control › Article 8 - Major League Sports Raffle Program › Section 2108 - Electronic Raffle System, Venue Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the electronic raffle system relies on
				  computer networks and/or wireless (Wi-Fi) services provided at the venue, the
				  network equipment must be housed in a permanent, secure location, and the network
				  must be stable.
(b) The fiduciary or an
				  affiliated person designated by the fiduciary person who is qualified to address
				  technical problems must be available before, during, and after the manual draw to
				  provide technical support for the networks.
(c) Computer network or Wi-Fi equipment utilized
				  at an outdoor event must be located in a non-public, supervised area during the
				  conduct of the registered event.
1. New section
					 filed 4-28-2016 as an emergency; operative 4-28-2016 (Register 2016, No. 18). A
					 Certificate of Compliance must be transmitted to OAL by 10-25-2016 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 10-17-2016 as an emergency; operative 10-25-2016 (Register 2016,
					 No. 43). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. New section refiled 1-18-2017 as an emergency; operative
					 1-23-2017 (Register 2017, No. 3). A Certificate of Compliance must be transmitted to
					 OAL by 4-24-2017 or emergency language will be repealed by operation of law on the
					 following day.
4. Certificate of Compliance as to 1-18-2017 order,
					 including amendment of subsection (a), transmitted to OAL 4-17-2017 and filed
					 5-30-2017; amendments operative 5-30-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 22).
Note: Authority cited: Section
						320.6(o),
						Penal Code. Reference: Section
						320.6, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 3 - Gambling Control › Chapter 1 - The Bureau of Gambling Control › Article 8 - Major League Sports Raffle Program › Section 2109 - Proper Functioning of Raffle Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to each registered event, the fiduciary
				  or an affiliated person designated by the fiduciary, shall ensure that any
				  electronic raffle system used to conduct a raffle is configured correctly,
				  functioning properly, and fully operational.
(b) The fiduciary or an affiliated person
				  designated by the fiduciary must verify and document that the electronic raffle
				  system is configured correctly, functioning properly, and fully operational by
				  completing a Major League Sports Raffle Electronic Raffle System and Equipment
				  Checklist and Test Draw (BGC-206 Rev. 10/2017) prior to each registered event. Every
				  eligible organization shall maintain the form required to be completed by this
				  subdivision for a period of three years.
(c) Affiliated persons are not permitted to
				  restart a raffle sales unit or otherwise adjust any associated network equipment for
				  any reason without the oversight of the fiduciary or the oversight of an affiliated
				  person designated by the fiduciary.
(d)
				  If for any reason any parts of the electronic raffle system, such as the raffle
				  sales unit, printers, or associated network, fail to function properly prior to, or
				  during, the sale of any raffle ticket, the eligible organization must notify the
				  Bureau immediately.
1. New section
					 filed 4-28-2016 as an emergency; operative 4-28-2016 (Register 2016, No. 18). A
					 Certificate of Compliance must be transmitted to OAL by 10-25-2016 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 10-17-2016 as an emergency; operative 10-25-2016 (Register 2016,
					 No. 43). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. New section refiled 1-18-2017 as an emergency; operative
					 1-23-2017 (Register 2017, No. 3). A Certificate of Compliance must be transmitted to
					 OAL by 4-24-2017 or emergency language will be repealed by operation of law on the
					 following day.
4. Certificate of Compliance as to 1-18-2017 order,
					 including amendment of subsections (b) and (d), transmitted to OAL 4-17-2017 and
					 filed 5-30-2017; amendments operative 5-30-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 22).
5. Change without regulatory effect amending
					 subsection (b) filed 1-16-2018 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2018, No. 3).
Note: Authority cited: Section
						320.6(o),
						Penal Code. Reference: Section
						320.6, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 3 - Gambling Control › Chapter 1 - The Bureau of Gambling Control › Article 8 - Major League Sports Raffle Program › Section 2120 - Registration Applications; Time for Processing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 30 calendar days after the date of
				  receipt of a BGC 200 or BGC 201 registration application, the Bureau shall either
				  inform the registrant, in writing, that the application is complete and accepted for
				  filing, or shall return the application as deficient and specify how the application
				  is deficient and what additional information is required. If an application is
				  returned because it is deficient, any fee submitted shall also be
				  returned.
(b) Within 30 calendar days
				  after the date of receipt of a completed BGC 200 or BGC 201 registration
				  application, including the required fee, the Bureau shall reach a decision whether
				  to issue or deny the registration, unless the time is waived by the registrant, and
				  shall inform the registrant in writing of the decision.
1. New section
					 filed 5-30-2017; operative 5-30-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 22).
Note: Authority cited: Section
						320.6(o),
						Penal Code. Reference: Section
						320.6, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 3 - Gambling Control › Chapter 1 - The Bureau of Gambling Control › Article 8 - Major League Sports Raffle Program › Section 2130 - Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All authorizations
				  granted to eligible organizations by the Bureau pursuant to this article are granted
				  on condition that the eligible organization will operate the registered event in a
				  manner suitable to protect the public health, safety, and general welfare of the
				  residents of the state. The responsibility for the employment and maintenance of
				  suitable methods of operation rests with the eligible organization, and willful or
				  persistent use or toleration of methods of operation deemed unsuitable by the Bureau
				  shall constitute grounds for registration revocation or other disciplinary
				  action.
(b) No registrant shall conduct
				  a raffle in violation of any provision of Penal Code section
				  320.6, or this
				  article.
(c) No registered manufacturer
				  or distributor of raffle-related products or services shall provide equipment or
				  services for the conduct of a raffle in violation of Penal Code section
				  320.6 or this
				  article.
(d) No registrant shall fail to
				  meet the disclosure and reporting requirements set forth in this article.
(e) Each eligible organization shall maintain
				  security controls over the venue to protect the public health, safety, and general
				  welfare of the raffle players, and to protect the operations related to the conduct
				  of the registered event.
(f) Every
				  registrant shall cooperate fully with any inquiry or investigation that may be
				  undertaken by the Bureau or the California Attorney General to enforce the
				  provisions of Penal Code section
				  320.6 and these
				  regulations.
1. New section
					 filed 4-28-2016 as an emergency; operative 4-28-2016 (Register 2016, No. 18). A
					 Certificate of Compliance must be transmitted to OAL by 10-25-2016 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 10-17-2016 as an emergency; operative 10-25-2016 (Register 2016,
					 No. 43). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. New section refiled 1-18-2017 as an emergency; operative
					 1-23-2017 (Register 2017, No. 3). A Certificate of Compliance must be transmitted to
					 OAL by 4-24-2017 or emergency language will be repealed by operation of law on the
					 following day.
4. Certificate of Compliance as to 1-18-2017 order,
					 including new subsection (f), transmitted to OAL 4-17-2017 and filed 5-30-2017;
					 amendments operative 5-30-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 22).
Note: Authority cited: Sections
						320.6(o)
						and
						320.6(p),
						Penal Code. Reference: Section
						320.6, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 3 - Gambling Control › Chapter 1 - The Bureau of Gambling Control › Article 8 - Major League Sports Raffle Program › Section 2131 - Discipline

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Administrative
				  actions commenced by the Bureau, pursuant to subdivisions (p) and (q), of Penal Code
				  section
				  320.6 shall proceed
				  under chapter 5 (commencing with section
				  11500) of part 1 of division 3 of title
				  2 of the Government Code.
(b) The
				  Bureau, in its discretion, may issue to a registrant warning notices, notices to
				  cure, advisory letters regarding violations or possible violations of law, or
				  withdraw any notice or letter upon further investigation.
(c) The registrant may reapply when it has
				  remedied the matters which caused the denial of the application for
				  registration.
1. New section
					 filed 4-28-2016 as an emergency; operative 4-28-2016 (Register 2016, No. 18). A
					 Certificate of Compliance must be transmitted to OAL by 10-25-2016 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 10-17-2016 as an emergency; operative 10-25-2016 (Register 2016,
					 No. 43). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. New section refiled 1-18-2017 as an emergency; operative
					 1-23-2017 (Register 2017, No. 3). A Certificate of Compliance must be transmitted to
					 OAL by 4-24-2017 or emergency language will be repealed by operation of law on the
					 following day.
4. Certificate of Compliance as to 1-18-2017 order,
					 including new subsection (c), transmitted to OAL 4-17-2017 and filed 5-30-2017;
					 amendments operative 5-30-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 22).
Note: Authority cited: Sections
						320.6(p)
						and
						320.6(q),
						Penal Code. Reference: Section
						320.6, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 3 - Gambling Control › Chapter 1 - The Bureau of Gambling Control › Article 8 - Major League Sports Raffle Program › Section 2132 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For any administrative actions based on a violation of Penal
					 Code section
					 320.6, this article,
					 previously imposed disciplinary or registration condition, or laws materially
					 related to suitability for registration, the Bureau may seek one or more of the
					 following remedies:
(a) Revoke the
				  registration or approval;
(b) Suspend
				  the registration or approval;
(c) Impose
				  any condition, limitation, order, or directive on the registration or
				  approval;
(d) Impose any fine or
				  monetary penalty on a registrant;
(e)
				  Stay, in whole or in part, the imposition of a revocation or suspension against the
				  holder of a registration or approval;
(f) Order the registration or approval holder to
				  pay a monetary penalty in lieu of all or a portion of a revocation or suspension;
				  or
(g) Impose recovery of costs incurred
				  in investigation or prosecuting an action against a registrant or
				  applicant.
1. New section
					 filed 4-28-2016 as an emergency; operative 4-28-2016 (Register 2016, No. 18). A
					 Certificate of Compliance must be transmitted to OAL by 10-25-2016 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 10-17-2016 as an emergency; operative 10-25-2016 (Register 2016,
					 No. 43). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. New section refiled 1-18-2017 as an emergency; operative
					 1-23-2017 (Register 2017, No. 3). A Certificate of Compliance must be transmitted to
					 OAL by 4-24-2017 or emergency language will be repealed by operation of law on the
					 following day.
4. Certificate of Compliance as to 1-18-2017 order
					 transmitted to OAL 4-17-2017 and filed 5-30-2017 (Register 2017, No.
					 22).
Note: Authority cited: Sections
						320.6(p)
						and
						320.6(q),
						Penal Code. Reference: Section
						320.6, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 3 - Gambling Control › Chapter 1 - The Bureau of Gambling Control › Article 8 - Major League Sports Raffle Program › Section 2133 - Penalties for False Registration or Misrepresentation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A registrant that submits false or misleading information in the
					 registration application or registration form, or fails to provide material
					 information required in any form or report required to be submitted to the Bureau,
					 or maintained by the registrant pursuant to these regulations, shall be subject to
					 denial, revocation or suspension of its registration. Each instance of a
					 misrepresentation, submission of false information, or failure to submit required
					 information during the registration or reporting process shall constitute a separate
					 violation.
1. New section
					 filed 5-30-2017; operative 5-30-2017 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 22).
Note: Authority cited: Section
						320.6(p),
						Penal Code. Reference: Section
						320.6, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 3 - Gambling Control › Chapter 1 - The Bureau of Gambling Control › Article 13 - Transitional Provisions › Section 2140 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this Article, the following terms have the
					 following meanings:
(a) "Annual
				  registration" means a registration issued under the former Gaming Registration Act
				  (former Business and Professions Code Section
				  19800
				  et seq.).
(b) "Conditional registration"
				  means a registration issued pursuant to former Business and Professions Code Section
				  19807(c).
(c) "Provisional license" means a license that is
				  either granted by operation of law pursuant to Statutes of 1997, Chapter 867,
				  Section 62, or is issued by the Chief pursuant
				  to that section.
1. New article 13
					 (sections 2140-2142), renumbering and readoption
					 of former section
					 1901 heading to new section
					 2140 heading, new first paragraph,
					 renumbering, readoption and amendment of former sections
					 1901.1 and
					 1901.4 to new subsections
					 2140(a)-(b), new
					 subsection (c) and new NOTE filed 10-12-99; operative 10-12-99 pursuant to
					 Government Code section
					 11343.4(d)
					 (Register 99, No. 42).
2. Change without regulatory effect amending NOTE
					 filed 1-6-2004 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 2).
3. Change without regulatory effect
					 amending subsection (c) filed 5-28-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 22).
Note: Authority cited: Sections
						19826(f)
						and
						19827,
						Business and Professions Code. Reference: Stats. 1997, c. 867 (S.B.8), Section
						62.
California Code of Regulations › Title 11 - Law › Division 3 - Gambling Control › Chapter 1 - The Bureau of Gambling Control › Article 13 - Transitional Provisions › Section 2141 - Provisional Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  provisional license is held subject to the same conditions, restrictions, and
				  limitations on the authorization granted by the predecessor annual or conditional
				  registration.
(b) A provisional license
				  is held subject to all terms and conditions under which a state gambling license is
				  held pursuant to the Act.
(c) A
				  provisional license creates no vested right to the issuance of a state gambling
				  license.
1. Renumbering,
					 readoption and amendment of former section
					 1902 heading to new section
					 2141 heading, renumbering, readoption
					 and amendment of former sections
					 1902.1-1902.3 to new subsections
					 2141(a)-(c) and new
					 NOTE filed 10-12-99; operative 10-12-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 42).
2. Change without regulatory effect amending NOTE
					 filed 1-6-2004 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 2).
Note: Authority cited: Sections
						19826(f)
						and
						19827,
						Business and Professions Code. Reference: Stats. 1997, c. 867 (S.B.8), Section
						62(a) and
						(b)(1).
California Code of Regulations › Title 11 - Law › Division 3 - Gambling Control › Chapter 1 - The Bureau of Gambling Control › Article 13 - Transitional Provisions › Section 2142 - Presumption of Suitability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every
				  natural person who holds a provisional license as a result of holding a valid and
				  unexpired annual registration on December 31, 1997, shall be rebuttably presumed to
				  be suitable for licensure pursuant to the Act.
(b) The rebuttable presumption described in Stats.
				  1997, ch. 867, section
				  62(g) subdivision (a)
				  shall not apply to any other holder of a provisional license.
1. Renumbering,
					 readoption and amendment of former section
					 1903 heading to new section
					 2142 heading, renumbering, readoption
					 and amendment of former sections
					 1903.1-1903.2 to new subsections
					 2142(a)-(c) and new
					 NOTE filed 10-12-99; operative 10-12-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 42).
2. Change without regulatory effect amending
					 subsection (b) and NOTE filed 1-6-2004 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 2).
Note: Authority cited: Sections
						19826(f)
						and
						19827,
						Business and Professions Code. Reference: Stats. 1997, c. 867 (S.B.8), Section
						62(c) and
						(g).
California Code of Regulations › Title 11 - Law › Division 4 - Proposition 65 Private Enforcement › Chapter 1 › Section 3000 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This chapter sets forth procedures necessary to comply with Health
				  and Safety Code section
				  25249.7(e) and
				  (f), as amended by Chapter 599, statutes of 1999;
				  Chapter 578, statutes of 2001; and Chapter 323, statutes of 2002. Any private person
				  proceeding "in the public interest" pursuant to Health and Safety Code section
				  25249.7(d),
				  bringing any other action, or settling any violation alleged in a notice given
				  pursuant to Health and Safety Code section
				  25249.7(d)(1)
				  (hereinafter "Private Enforcer"), who alleges the existence of violations of the
				  Safe Drinking Water and Toxic Enforcement Act of 1986 (Health and Safety Code
				  sections
				  25249.5
				  or
				  25249.6)
				  (hereinafter "Proposition 65"), shall comply with the applicable requirements of
				  this chapter.
1. New division 4,
				  chapter 1 (sections
				  3000-3008, Appendices A-D) and section
				  filed 6-1-2001; operative 7-1-2001 (Register 2001, No. 22).
2. Amendment
				  filed 12-31-2001 as an emergency; operative 1-1-2002 (Register 2002, No. 1). A
				  Certificate of Compliance must be transmitted to OAL by 5-1-2002 or emergency
				  language will be repealed by operation of law on the following day.
3.
				  Amendment refiled 4-23-2002 as an emergency; operative 5-1-2002 (Register 2002, No.
				  17). A Certificate of Compliance must be transmitted to OAL by 8-29-2002 or
				  emergency language will be repealed by operation of law on the following
				  day.
4. Amendment refiled 8-29-2002 as an emergency; operative 8-29-2002
				  (Register 2002, No. 35). A Certificate of Compliance must be transmitted to OAL by
				  12-27-2002 or emergency language will be repealed by operation of law on the
				  following day.
5. Certificate of Compliance as to 8-29-2002 order,
				  including further amendment of section, transmitted to OAL 12-4-2002 and filed
				  1-17-2003 (Register 2003, No. 3).
6. Amendment filed 8-30-2016; operative
				  10-1-2016 (Register 2016, No. 36).
Note: Authority cited: Section
					 25249.7(f),
					 Health and Safety Code. Reference: Sections
					 25249.7(e) and
					 (f), Health and Safety
					 Code.
California Code of Regulations › Title 11 - Law › Division 4 - Proposition 65 Private Enforcement › Chapter 1 › Section 3002 - Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Private Enforcer who commences a Private Proposition 65 Action
				  or an Other Private Action Alleging Violations of Proposition 65 shall serve a
				  file-endorsed copy of the complaint, and a completed version of the Report of Civil
				  Complaint Filing form attached as Appendix A to these regulations, upon the Attorney
				  General within five days after receipt of the file-endorsed copy of the complaint
				  from the court. Any amended complaint shall be served upon the Attorney General
				  within five days after filing with the court along with a Supplemental Report of
				  Civil Complaint Filing.
1. New section
				  filed 6-1-2001; operative 7-1-2001 (Register 2001, No. 22).
2. Amendment
				  filed 1-17-2003; operative 1-17-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 3).
Note: Authority cited: Section
					 25249.7(f),
					 Health and Safety Code. Reference: Sections
					 25249.7(e) and
					 (f), Health and Safety
					 Code.
California Code of Regulations › Title 11 - Law › Division 4 - Proposition 65 Private Enforcement › Chapter 1 › Section 3004 - Judgments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within ten days after a case is subject to a judgment, a Private
				  Enforcer shall serve on the Attorney General a copy of any judgment or order
				  entitling a party to entry of judgment entered in a Private Proposition 65 Action or
				  Other Private Action Alleging Violations of Proposition 65 and a completed version
				  of the Report of Entry of Judgment form attached as Appendix C to this regulation.
				  If the judgment does not become final because a notice of appeal is filed, the
				  Private Enforcer shall serve a copy of the notice of appeal on the Attorney General
				  within ten days after receipt. The Private Enforcer shall serve on the Attorney
				  General a copy of any decision of an appellate court concerning the validity of the
				  judgment within five working days after receipt.
1. New section
				  filed 6-1-2001; operative 7-1-2001 (Register 2001, No. 22).
2. Amendment
				  filed 1-17-2003; operative 1-17-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 3).
Note: Authority cited: Section
					 25249.7(f),
					 Health and Safety Code. Reference: Sections
					 25249.7(e) and
					 (f), Health and Safety
					 Code.
California Code of Regulations › Title 11 - Law › Division 4 - Proposition 65 Private Enforcement › Chapter 1 › Section 3005 - Electronic Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All documents required to be filed pursuant to sections
				  3002,
				  3003, and
				  3004 shall be filed electronically, by
				  submitting the forms and the documents on-line to the Attorney General's website,
				  unless the website states that electronic filing is not currently available, or is
				  not functioning for a twenty-four hour period when electronic filing is
				  attempted.
1. New section
				  filed 6-1-2001; operative 7-1-2001 (Register 2001, No.
				  22).
Note: Authority cited: Section
					 25249.7(f),
					 Health and Safety Code. Reference: Sections
					 25249.7(e) and
					 (f), Health and Safety
					 Code.
California Code of Regulations › Title 11 - Law › Division 4 - Proposition 65 Private Enforcement › Chapter 1 › Section 3006 - Manner of Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When this chapter requires that any document or information be
				  provided to the Attorney General, unless the document is served electronically
				  pursuant to section
				  3005, service shall be in a manner
				  prescribed by Code of Civil Procedure section
				  1010-
				  1020,
				  except that any settlement shall be served by hand delivery or overnight mail
				  service. The envelope in which the document is transmitted shall state prominently
				  "Proposition 65 Private Enforcement Matter." After receipt of the Complaint, the
				  Attorney General may then specify that future documents required by this chapter to
				  be filed in that case be served upon a particular office and
				  deputy.
1. New section
				  filed 6-1-2001; operative 7-1-2001 (Register 2001, No.
				  22).
Note: Authority cited: Section
					 25249.7(f),
					 Health and Safety Code. Reference: Sections
					 25249.7(e) and
					 (f), Health and Safety
					 Code.
California Code of Regulations › Title 11 - Law › Division 4 - Proposition 65 Private Enforcement › Chapter 1 › Section 3007 - OSHA Matters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For matters in which violations with respect to occupational
				  exposures are alleged, compliance with the Director of the Division of Occupational
				  Safety and Health's Special Procedures for Supplementary Enforcement of State Plan
				  Requirements concerning Proposition 65, 8 Cal.Code Regs., §
									338, as adopted on October 12, 2000,
				  constitutes compliance with these requirements, except for the filing of the
				  Affidavit of Compliance required by section
				  3008 and the requirements of section
				  3003(a). That
				  regulation is set forth in Appendix D to these regulations.
1. New section
				  filed 6-1-2001; operative 7-1-2001 (Register 2001, No. 22).
2. Amendment
				  filed 12-31-2001 as an emergency; operative 1-1-2002 (Register 2002, No. 1). A
				  Certificate of Compliance must be transmitted to OAL by 5-1-2002 or emergency
				  language will be repealed by operation of law on the following day.
3.
				  Amendment refiled 4-23-2002 as an emergency; operative 5-1-2002 (Register 2002, No.
				  17). A Certificate of Compliance must be transmitted to OAL by 8-29-2002 or
				  emergency language will be repealed by operation of law on the following
				  day.
4. Amendment refiled 8-29-2002 as an emergency; operative 8-29-2002
				  (Register 2002, No. 35). A Certificate of Compliance must be transmitted to OAL by
				  12-27-2002 or emergency language will be repealed by operation of law on the
				  following day.
5. Certificate of Compliance as to 8-29-2002 order,
				  including further amendment of section, transmitted to OAL 12-4-2002 and filed
				  1-17-2003 (Register 2003, No. 3).
Note: Authority cited: Section
					 25249.7(f),
					 Health and Safety Code. Reference: Sections
					 25249.7(e) and
					 (f), Health and Safety
					 Code.
California Code of Regulations › Title 11 - Law › Division 4 - Proposition 65 Private Enforcement › Chapter 1 › Section 3008 - Affidavit of Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Private Enforcer shall file with the court a declaration or
				  affidavit, meeting all applicable requirements of the Code of Civil Procedure,
				  verifying compliance with all requirements of this chapter.
(a) In a Private Proposition 65 Action, the
				declaration or affidavit shall be filed when reply papers in support of the motion
				for approval of the settlement would be filed, and shall include:
(1) Proper proof of service on the Attorney
				General of all documents required to be served on the Attorney General by this
				regulation.
(2) If the case is resolved
				by settlement, a statement that at least forty-five days (or the shorter time period
				allowed by the court pursuant to section
				3003), will elapse between service of
				the settlement on the Attorney General and the hearing date. Any written response by
				the Attorney General to the settlement shall be submitted to the court with any
				additional papers submitted to the court by the moving party, or at the hearing on
				the motion, if permitted by the court. The affidavit shall expressly advise the
				court that pursuant to section
				3003 of this regulation, the failure of
				the Attorney General to comment on a settlement shall not be construed as
				endorsement of or concurrence in the settlement.
California Code of Regulations › Title 11 - Law › Division 4 - Proposition 65 Private Enforcement › Chapter 2 - Certificates of Merit › Section 3100 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any notice of alleged violations provided pursuant to Health and
				  Safety Code section
				  25249.7(d)
				  in which violations of Health and Safety Code section
				  25249.6
				  are alleged shall include a Certificate of Merit. The Certificate of Merit shall be
				  attached to, and be served with, all copies of the notice of alleged violations. A
				  second copy of the entire notice and Certificate of Merit shall be served on the
				  Attorney General, clearly marked "Attorney General Copy: Contains Official
				  Information Pursuant to Evidence Code Section
				  1040" and shall
				  attach all supporting documentation required by Section
				  3102. The designated Attorney General
				  Copy is deemed Official Information pursuant to Evidence Code section
				  1040.
1. New chapter 2
				  (sections 3100-3103) and section filed 1-17-2003;
				  operative 1-17-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 3).
Note: Authority cited: Section
					 25249.7(d), (h) and
					 (i), Health and Safety Code. Reference: Section
					 25249.7(d), (h) and
					 (i), Health and Safety
					 Code.
California Code of Regulations › Title 11 - Law › Division 4 - Proposition 65 Private Enforcement › Chapter 2 - Certificates of Merit › Section 3101 - Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Health and Safety
				Code section
				25249.7(d)(1)
				requires that the certifier state that the certifier "has consulted with one or more
				persons with relevant and appropriate experience or expertise who has reviewed
				facts, studies, or other data regarding the exposure to the listed chemical that is
				the subject of the action, and that, based on that information, the person executing
				the certificate believes there is a reasonable and meritorious case for the private
				action." "Reasonable and meritorious case for the private action" requires not only
				documentation of exposure to a listed chemical, but a reasonable basis for
				concluding that the entire action has merit. The certifier must have a basis to
				conclude that there is merit to each element of the action on which the plaintiff
				will have the burden of proof. The certifier does not need to have a basis to
				conclude that it will be able to negate all affirmative defenses, but must certify
				that the information relied upon does not prove that any affirmative defense has
				merit.
(b) The Certificate of Merit
				shall contain all of the following statements, and appear in the following form:
CERTIFICATE OF MERIT
Health and Safety Code Section
				  25249.7(d)
I, (name of certifier), hereby declare:
1. This Certificate of Merit accompanies the
				attached sixty-day notice(s) in which it is alleged the parties identified in the
				notices have violated Health and Safety Code section
				25249.6
				by failing to provide clear and reasonable warnings.
2. I am the (noticing party/attorney for the
				noticing party).
3. I have consulted
				with one or more persons with relevant and appropriate experience or expertise who
				has reviewed facts, studies, or other data regarding the alleged exposure to the
				listed chemical that is the subject of the action.
4. Based on the information obtained through those
				consultations, and on all other information in my possession, I believe there is a
				reasonable and meritorious case for the private action. I understand that
				"reasonable and meritorious case for the private action" means that the information
				provides a credible basis that all elements of the plaintiffs' case can be
				established and the information did not prove that the alleged violator will be able
				to establish any of the affirmative defenses set forth in the statute.
5. The copy of this Certificate of Merit served on
				the Attorney General attaches to it factual information sufficient to establish the
				basis for this certificate, including the information identified in Health and
				Safety Code section
				25249.7(h)(2),
				i.e., (1) the identity of the persons consulted with and relied on by the certifier,
				and (2) the facts, studies, or other data reviewed by those persons.
___________________________Dated:
___________________________
(Signature)
California Code of Regulations › Title 11 - Law › Division 4 - Proposition 65 Private Enforcement › Chapter 2 - Certificates of Merit › Section 3102 - Supporting Documentation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				"Attorney General Copy" of the notice of violation and Certificate of Merit shall
				physically attach the information set forth below. Supporting documentation shall be
				provided in a legible and organized format. References to studies or other
				information are not sufficient.
(b)
				Identification of the person or persons with relevant and appropriate experience or
				expertise shall include:
(1) their full name and
				address; and
(2) sufficient information
				concerning their background, training and knowledge to establish that they possess
				the necessary experience or expertise to render a competent opinion on the subject
				matter for which they have been consulted.
California Code of Regulations › Title 11 - Law › Division 4 - Proposition 65 Private Enforcement › Chapter 2 - Certificates of Merit › Section 3103 - Effect of Failure to Comply

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where a sixty-day notice does not attach a
				copy of the Certificate of Merit meeting the requirements of subsection
				3101(b), the noticing
				party has no authority to commence an action pursuant to Health and Safety Code
				section
				25249.7(d).
(b) The Attorney General may contact the noticing
				party orally or in writing concerning the Certificate of Merit. If such
				communications include material from the supporting documentation, then the portion
				of the communications containing or specifically describing the supporting
				documentation shall remain Official Information pursuant to Evidence Code section
				1040.
(c) Where the Attorney General makes no response
				concerning a Certificate of Merit, no inference shall be drawn from the lack of
				response concerning the adequacy of the Certificate or supporting
				documentation.
1. New section
				  filed 1-17-2003; operative 1-17-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 3).
Note: Authority cited: Section
					 25249.7(d), (h) and
					 (i), Health and Safety Code. Reference: Section
					 25249.7(d), (h) and
					 (i), Health and Safety
					 Code.
California Code of Regulations › Title 11 - Law › Division 4 - Proposition 65 Private Enforcement › Chapter 3 - Settlement Guidelines › Section 3200 - Authority and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This chapter contains the Attorney General's guidelines for review
				  of settlements by persons proceeding "in the public interest" pursuant to Health and
				  Safety Code section
				  25249.7(f)(4).
				  The provisions of this chapter are guidelines, which are not binding on litigants or
				  the courts, but provide the Attorney General's view as to the legality and
				  appropriateness of various types of settlement provisions, and the type of evidence
				  sufficient for the private plaintiff to sustain its burden of supporting the
				  proposed settlement. The guidelines are not a comprehensive identification of all
				  factors that should be considered in reviewing settlements, but identify particular
				  issues that are likely to occur frequently. This should assist the parties in
				  fashioning settlements to which the Attorney General is unlikely to object, and
				  assist the courts in determining whether to approve settlements.
1. New chapter 3
				  (sections 3200-3204) and section filed 1-17-2003;
				  operative 1-17-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 3).
Note: Authority cited: Section
					 25249.7(f)(4) and
					 (5), Health and Safety Code. Reference: Section
					 25249.7(f)(4) and
					 (5), Health and Safety
					 Code.
California Code of Regulations › Title 11 - Law › Division 4 - Proposition 65 Private Enforcement › Chapter 3 - Settlement Guidelines › Section 3203 - Reasonable Civil Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The reasonableness of civil penalties in a settlement will be
				  evaluated based on the factors set forth in the Health and Safety Code section
				  25249.7(b)(2).
				  The following factors are "[other factors] that justice may require" to be
				  considered within the meaning of Health and Safety Code section
				  25249.7(b)(2)(G):
(a) A settlement with little or no penalty may be
				entirely appropriate or not, based on the facts or circumstances of a particular
				case.
(b) Recovery of civil penalties
				(75% of which must be provided to the Office of Environmental Health Hazard
				Assessment) serves the purpose and intent of Proposition 65. Accordingly, civil
				penalties shall not be "traded" for payments of attorney's fees.
(c) Where a settlement provides that certain civil
				penalties are assessed, but may be waived in exchange for certain conduct by the
				defendant, such as, for example, reformulating products to reduce or eliminate the
				listed chemical, the conduct must be related to the purposes of the litigation,
				provide environmental and public health benefits within California, and provide a
				clear mechanism for verification that the qualifying conditions have been
				satisfied.
(d) Where a settlement
				requires the alleged violator to make any Additional Settlement Payments to the
				plaintiff or to a third party, such Additional Settlement Payments are viewed as an
				"offset" to the civil penalty. The plaintiff must demonstrate to the satisfaction of
				the court that it is in the public interest to offset the civil penalty required by
				statute.
1. New section
				  filed 1-17-2003; operative 1-17-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 3).
2. Amendment filed 8-30-2016; operative 10-1-2016
				  (Register 2016, No. 36).
Note: Authority cited: Sections
					 25249.7(f)(4)
					 and
					 25249.7(f)(5),
					 Health and Safety Code. Reference: Sections
					 25249.7(b)(2),
					 25249.7(f)(4)
					 and
					 25249.7(f)(5),
					 Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 4 - Proposition 65 Private Enforcement › Chapter 3 - Settlement Guidelines › Section 3205 - Other Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Certain other provisions of a settlement may either be unlawful or
				  contrary to public policy, and could provide the basis for an objection by the
				  Attorney General.
(a) Releases or other
				language describing the intended scope of claims resolved or barred by the
				settlement shall not purport to:
(1) Be on behalf
				of the People of the State of California. Appropriate language is that the
				plaintiffs are "suing 'in the public interest' pursuant to Health and Safety Code
				section
				25249.7(d)"
				and "suing 'in the interest of ... the general public' pursuant to Business and
				Professions Code section
				17204"
				(whichever applies to the action).
(2)
				Release or resolve any claim by individuals with personal injuries, unless those
				claims were properly raised in the complaint and litigated in the action.
(3) Release or resolve any claim concerning listed
				chemicals that are not present in the product at the time of entry of judgment, or
				any claim concerning chemicals that are not on the list of chemicals known to the
				state to cause cancer or reproductive toxicity, but may become listed in the
				future.
(4) Release or resolve any claim
				concerning chemicals or exposures not set forth in the sixty-day notice of
				violation.
(5) Immunize any defendant
				from any duty caused by a change in law, or to impose a duty that is removed by a
				change in law.
California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 1 - Bureau of Firearms Fees › Article 2 - Centralized List Applications, Fees, and Placement Terms › Section 4003 - POST Certification Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As authorized pursuant to Penal Code section
					 13511.5, the Bureau
					 of Firearms fee for Peace Officer Standards Training (POST) firearms clearance
					 certification is $19.
1. New section
					 filed 11-1-2004 as an emergency; operative 11-1-2004 (Register 2004, No. 45). A
					 Certificate of Compliance must be transmitted to OAL by 3-1-2005 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 Certificate of Compliance as to 11-1-2004 order transmitted to OAL 3-1-2005 and
					 filed 4-11-2005 (Register 2005, No. 15).
3. Change without regulatory
					 effect amending section filed 12-27-2011 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 52).
Note: Authority cited: Section
						13511.5, Penal Code.
						Reference: Section
						13511.5, Penal
						Code.