reglab/statecodes huggingface dataset:
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.6 - Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions › Article 5 - Procedures for Denial of an Application, and Suspension or Revocation of an Existing Certification › Section 994.12 - Administrative Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an
				  administrative hearing is requested by the applicant, or the person with an existing
				  certification that has been suspended or revoked, a hearing shall be held within 30
				  days unless a later date is requested by the person requesting the hearing. The
				  hearing shall be conducted by an Administrative Hearing Officer appointed by the
				  DOJ. The hearing officer shall not have participated in the decision to deny the
				  application for certification or in suspending or revoking the existing
				  certification that is the subject of the hearing before them.
(b) The person whose application has been denied
				  or whose existing certification has been suspended or revoked shall be given the
				  opportunity to be heard and to be represented by counsel during any hearing
				  proceedings.
(c) An Administrative
				  Hearing Officer shall disqualify themself and withdraw from any case in which they
				  cannot accord a fair and impartial hearing or consideration. Any party may request
				  the disqualification of the Administrative Hearing Officer by filing an affidavit,
				  prior to the taking of evidence at a hearing, stating with particularity the grounds
				  upon which it is claimed that a fair and impartial hearing cannot be accorded. The
				  issue shall be determined by another Administrative Hearing Officer appointed by the
				  DOJ.
(d) The proceedings at the hearing
				  shall be reported by a certified shorthand reporter, except that, upon the consent
				  of all the parties, the proceedings may be reported electronically.
1. New article 5
					 (sections 994.12-994.16) and section filed
					 11-12-2003; operative 11-12-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 46).
2. Relocation of article 5 from preceding
					 section 994.12 to precede section
					 994.11, renumbering of former section
					 994.12 to section
					 994.11 and renumbering and amendment of
					 former section 994.13 to section
					 994.12 filed 10-7-2010; operative
					 11-6-2010 (Register 2010, No. 41).
3. Change without regulatory effect
					 amending subsections (a) and (c) filed 12-6-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Section
						11102.1, Penal Code;
						and Section
						11400.20,
						Government Code. Reference: Section
						11102.1, Penal Code;
						and Sections
						11445.10-
						11445.60,
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.6 - Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions › Article 5 - Procedures for Denial of an Application, and Suspension or Revocation of an Existing Certification › Section 994.13 - Time and Place of Administrative Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The DOJ shall notify the person requesting the hearing of the
					 time and place of the hearing. Failure of the person requesting the hearing to
					 appear at the hearing shall be deemed a withdrawal of the request for the hearing
					 and the action of the DOJ shall be final.
1. New section
					 filed 11-12-2003; operative 11-12-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 46).
2. Renumbering of former section
					 994.13 to section
					 994.12 and renumbering and amendment of
					 former section 994.14 to section
					 994.13 filed 10-7-2010; operative
					 11-6-2010 (Register 2010, No. 41).
Note: Authority cited: Section
						11102.1, Penal Code;
						and Section
						11400.20,
						Government Code. Reference: Section
						11102.1, Penal Code;
						and Sections
						11445.10-
						11445.60,
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.6 - Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions › Article 5 - Procedures for Denial of an Application, and Suspension or Revocation of an Existing Certification › Section 994.14 - Evidence Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Oral
				  evidence shall be taken only on oath or affirmation.
(b) Each party shall have these rights: to call
				  and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on
				  any matter relevant to the issues even though that matter was not covered in the
				  direct examination; to impeach any witness regardless of which party first called
				  the witness to testify; and to rebut the evidence against the party. If the person
				  requesting the hearing does not testify on their own behalf, they may be called and
				  examined as if under cross-examination.
(c) The hearing need not be conducted according to
				  technical rules relating to evidence and witnesses. Any relevant evidence shall be
				  admitted if it is the sort of evidence on which responsible persons are accustomed
				  to rely in the conduct of serious affairs, regardless of the existence of any common
				  law or statutory rule which might make improper the admission of the evidence over
				  objection in civil actions. Hearsay evidence may be used for the purpose of
				  supplementing or explaining other evidence but shall not be sufficient in itself to
				  support a finding unless it would be admissible over objection in civil
				  actions.
1. New section
					 filed 11-12-2003; operative 11-12-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 46).
2. Renumbering of former section
					 994.14 to section
					 994.13 and renumbering of former
					 section 994.15 to section
					 994.14 filed 10-7-2010; operative
					 11-6-2010 (Register 2010, No. 41).
3. Change without regulatory effect
					 amending subsection (b) filed 12-6-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Section
						11102.1, Penal Code;
						and Section
						11400.20,
						Government Code. Reference: Section
						11102.1, Penal Code;
						and Sections
						11445.10-
						11445.60,
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.6 - Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions › Article 5 - Procedures for Denial of an Application, and Suspension or Revocation of an Existing Certification › Section 994.15 - Proposed Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Administrative Hearing Officer shall prepare a Proposed
					 Decision in such a form that it may be adopted as the decision in the case. A copy
					 of the proposed decision shall be furnished to the person requesting the hearing and
					 the Director no later than 20 days after the hearing. The Director may adopt the
					 decision in its entirety or may decide the case upon the record with or without
					 taking additional evidence. The person requesting the hearing shall be notified of
					 the Director's decision within 30 days of the hearing or within 30 days of the
					 taking of additional evidence, whichever is later.
1. New section
					 filed 11-12-2003; operative 11-12-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 46).
2. Renumbering of former section
					 994.15 to section
					 994.14 and renumbering of former
					 section 994.16 to section
					 994.15 filed 10-7-2010; operative
					 11-6-2010 (Register 2010, No. 41).
Note: Authority cited: Section
						11102.1, Penal Code;
						and Section
						11400.20,
						Government Code. Reference: Section
						11102.1, Penal Code;
						and Sections
						11445.10-
						11445.60,
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.6 - Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions › Article 5 - Procedures for Denial of an Application, and Suspension or Revocation of an Existing Certification › Section 994.16 - Renumbered

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 11-12-2003; operative 11-12-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 46).
2. Renumbering of former section
					 994.16 to section
					 994.15 filed 10-7-2010; operative
					 11-6-2010 (Register 2010, No. 41).
Note: Authority cited: Section
						11102.1, Penal Code;
						and Section
						11400.20,
						Government Code. Reference: Section
						11102.1, Penal Code;
						and Sections
						11445.10-
						11445.60,
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.7 - Regulations for Olympic Pistol Exemptions [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
				regulatory effect renumbering division 1, chapter 13.7 (section
				995) to division 5, chapter 38 (section
				5455) filed 6-28-2006 pursuant to
				section 100, title 1, California Code of
				Regulations (Register 2006, No. 26).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.8 - Evidence of Residency Documentation [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
				regulatory effect renumbering division 1, chapter 13.8 (section
				996) to division 5, chapter 4 (section
				4045) filed 6-28-2006 pursuant to
				section 100, title 1, California Code of
				Regulations (Register 2006, No. 26).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 14 - Forensic Alcohol and Drug Analysis › Section 997 - Collection and Disbursement of Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section shall apply to the method
				of collection and disbursement of fines pursuant to Penal Code Section
				1463.14 to be used
				exclusively to pay for the cost of performing for the county, or a city within the
				county, analysis of blood, breath or urine for alcohol content or for the presence
				of drugs, or for services related to such testing.
(b) Collection of Fines. Each month, the
				administrative officer or clerk of each court shall advise the county auditor of the
				number of convictions for violations of Vehicle Code Sections
				23103,
				23104,
				23105,
				23152, and
				23153, which have
				occurred in that court, and have not been previously reported, together with
				sufficient information pertaining to the underlying arrest to permit distribution of
				remaining funds as authorized by Penal Code Section
				1463.14.
(c) Establishing a Special Account. Each month,
				from the funds received by the county auditor pursuant to Penal Code Sections
				1463.001 and
				1463.002, the county
				auditor shall deposit to the special account established by Penal Code Section
				1463.14 a sum equal
				to fifty dollars ($50) for each conviction for violations of Vehicle Code Sections
				23103,
				23104,
				23105,
				23152, and
				23153, which have
				occurred in the court of that county and have not been previously
				reported.
(d) Disbursement of Fines. Any
				forensic alcohol laboratory licensed under Title 17 of the California Code of
				Regulations which has performed for the county, or a city within the county,
				analysis of blood, breath or urine for alcohol content or for the presence of drugs,
				or for services related to such testing, shall submit its bill to the county auditor
				in conformity with the normal rules and/or regulations established by that auditor,
				or by any other administrative body within that county. Such bills or charges shall
				be submitted no more frequently than once a month.
1. New Subchapter
				  14 (Sections 997 and
				  998) filed 11-21-78 as an emergency;
				  effective upon filing (Register 78, No. 47).
2. Certificate of Compliance
				  filed 1-20-79 (Register 79, No. 3).
3. Change without regulatory effect
				  amending section filed 7-6-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 28).
Note: Authority cited: Section
					 1463.14, Penal Code.
					 Reference: Section
					 1463.14, Penal
					 Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 14 - Forensic Alcohol and Drug Analysis › Section 998 - Laboratory Services and Method of Cost Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section shall apply to how the
				laboratory may determine what services it will provide and its costs for providing
				such services.
(b) Implementation. The
				county and the licensed forensic alcohol laboratory, or laboratories, with which it
				enters into an agreement for services may determine:
(1) The scope of the services to be rendered to
				the county by the laboratory including both direct and related costs of testing
				incurred by the laboratory.
(2) The
				method of cost assessment, including, but not limited to:
(A) Actual costs per test;
(B) A flat-rate charge determined by the total
				cost of performing analysis of blood, breath or urine for alcohol content, or for
				the presence of controlled substances, and for services related to such testing,
				which costs have been incurred by that laboratory over a specified period of
				time;
(C) Adoption of a flat-rate charge
				established by any other licensed forensic alcohol laboratory pursuant to paragraph
				(2)(B) where such other laboratory performs the same or similar
				services.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 15 - Attorney General Review of Changes of Control Involving Health Care Facilities › Section 999.1 - General Provisions and Definitions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 5914(b) and 5918, Corporations
					 Code. Reference: 5142, 5223, 5225, 5226, 5233, 5236, 5238(c)(3), 5617, 5820, 5913,
					 5914(b), 5918, 6010, 6510(d), 6611(a), 6612(a), 6613(c), 6617(b), 6716(b), 6716(c),
					 6721(a), 6721(b), 7142, 7223, 7225, 7238, 7616, 7913, 8010, 8510, 8611, 8612, 8613,
					 8616, 8723, 9230 and 9680, Corporations Code.
Note: Authority cited: Sections
					 5914(b)
					 and
					 5918,
					 Corporations Code. Reference: 5142, 5223, 5225, 5226, 5233, 5236, 5238(c)(3), 5617,
					 5820, 5913, 5914(b), 5918, 6010, 6510(d), 6611(a), 6612(a), 6613(c), 6617(b),
					 6716(b), 6716(c), 6721(a), 6721(b), 7142, 7223, 7225, 7238, 7616, 7913, 8010, 8510,
					 8611, 8612, 8613, 8616, 8723, 9230 and 9680, Corporations
					 Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 15 - Attorney General Review of Changes of Control Involving Health Care Facilities › Section 999.2 - Public Benefit Corporations. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 5914(b) and 5918, Corporations
					 Code. Reference: Sections 5142, 5223, 5225, 5226, 5233, 5236, 5238(c)(3), 5617,
					 5820, 5913, 5914(b), 5918, 6010, 6510(d), 6611(a), 6612(a), 6613(c), 6617(b),
					 6716(b) and (c) and 6721(a) and (b), Corporations Code.
Note: Authority cited: Sections
					 5914(b)
					 and
					 5918,
					 Corporations Code. Reference: Sections
					 5142,
					 5223,
					 5225,
					 5226,
					 5233,
					 5236,
					 5238(c)(3),
					 5617,
					 5820,
					 5913,
					 5914(b),
					 5918,
					 6010,
					 6510(d),
					 6611(a),
					 6612(a),
					 6613(c),
					 6617(b),
					 6716(b) and
					 (c) and
					 6721(a) and
					 (b), Corporations
					 Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 15 - Attorney General Review of Changes of Control Involving Health Care Facilities › Section 999.3 - Mutual Benefit Corporations. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority and references cited: Sections 7142, 7223, 7225,
					 7238, 7616, 7913, 8010, 8510, 8611, 8612, 8613, 8617, 8716, 8723, Corporations
					 Code.
Note: Authority and references cited: Sections
					 7142,
					 7223,
					 7225,
					 7238,
					 7616,
					 7913,
					 8010,
					 8510,
					 8611,
					 8612,
					 8613,
					 8617,
					 8716,
					 8723,
					 Corporations Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 15 - Attorney General Review of Changes of Control Involving Health Care Facilities › Section 999.4 - Religious Corporations. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority and references cited: Sections 9230, 9680(a) and
					 (e), Corporations Code.
Note: Authority and references cited: Sections
					 9230,
					 9680(a) and
					 (e), Corporations
					 Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 15 - Attorney General Review of Changes of Control Involving Health Care Facilities › Section 999.5 - Attorney General Review of Proposals to Transfer Health Facilities Under Corporations Code Sections 5914 et seq. And 5920 et seq

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Written Notice to Attorney General of Proposed
				Transfer of Health Facility; Waiver of Notice.
(1)
				Any nonprofit corporation that is defined in Corporations Code section
				5046 and
				operates or controls a health facility or a facility that provides similar health
				care, regardless of whether it is currently operating or providing health care
				services or has a suspended license, shall provide written notice to, and obtain the
				written consent of, the Attorney General prior to entering into any agreement or
				transaction to do either of the following:
(A)
				Sell, transfer, lease, exchange, option, convey, or otherwise dispose of its assets
				either to a for-profit corporation or entity or to another nonprofit corporation or
				entity when a material amount of the assets of the nonprofit corporation are
				involved in the agreement or transaction.
(B) Transfer control, responsibility, or
				governance of a material amount of the assets or operations of the nonprofit
				corporation either to any for-profit corporation or entity or to another nonprofit
				corporation or entity.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 15 - Attorney General Review of Changes of Control Involving Health Care Facilities › Section 999.6 - Violations of Government Code Section 12580 et seq. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 12581, 12584, 12585, 12586,
					 12587 and 12598, Government Code. Reference: Sections 11400 et seq., 11500 et seq.,
					 12581, 12581.2, 12584, 12586, 12588, 12591, 12591.1, 12595, 12596, 12597, 12598(e),
					 12599, 12599.1, 12599.2, 12599.6, 12599.7 and 12599.8, Government Code; Sections
					 17510, 17510.2, 17510.25, 17510.3, 17510.4, 17510.5, 17510.8, 17510.85 and 17510.9,
					 Business and Professions Code; and Sections 5142, 5230, 5231, 5232, 5233, 5235,
					 5236, 5237, 5238, 6215, 7231, 7233, 7236, 7237 and 7238, Corporations Code.
Note: Authority cited: Sections
					 12581,
					 12584,
					 12585,
					 12586,
					 12587 and
					 12598,
					 Government Code. Reference: Sections
					 11400 et seq.,
					 11500 et seq.,
					 12581,
					 12581.2,
					 12584,
					 12586,
					 12588,
					 12591,
					 12591.1,
					 12595,
					 12596,
					 12597,
					 12598(e),
					 12599,
					 12599.1,
					 12599.2,
					 12599.6,
					 12599.7 and
					 12599.8,
					 Government Code; Sections
					 17510,
					 17510.2,
					 17510.25,
					 17510.3,
					 17510.4,
					 17510.5,
					 17510.8,
					 17510.85
					 and
					 17510.9,
					 Business and Professions Code; and Sections
					 5142,
					 5230,
					 5231,
					 5232,
					 5233,
					 5235,
					 5236,
					 5237,
					 5238,
					 6215,
					 7231,
					 7233,
					 7236,
					 7237 and
					 7238,
					 Corporations Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 15 - Attorney General Review of Changes of Control Involving Health Care Facilities › Section 999.7 - Review of Hearing Officer's Proposed Decision. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 12581, 12584, 12585, 12586 and
					 12587, Government Code. Reference: Sections 11400 et seq., 11500 et seq., 11517,
					 11518.5, 11519, 12581, 12581.2, 12584, 12586, 12588, 12591, 12591.1, 12595, 12596,
					 12597, 12598(e), 12599, 12599.1, 12599.2, 12599.6, 12599.7 and 12599.8, Government
					 Code; Sections 17510, 17510.2, 17510.25, 17510.3, 17510.4, 17510.5, 17510.8,
					 17510.85 and 17510.9, Business and Professions Code; and Sections 5142, 5230, 5231,
					 5232, 5233, 5235, 5236, 5237, 5238, 6215, 7231, 7233, 7236, 7237 and 7238,
					 Corporations Code.
Note: Authority cited: Sections
					 12581,
					 12584,
					 12585,
					 12586 and
					 12587,
					 Government Code. Reference: Sections
					 11400 et seq.,
					 11500 et seq.,
					 11517,
					 11518.5,
					 11519,
					 12581,
					 12581.2,
					 12584,
					 12586,
					 12588,
					 12591,
					 12591.1,
					 12595,
					 12596,
					 12597,
					 12598(e),
					 12599,
					 12599.1,
					 12599.2,
					 12599.6,
					 12599.7 and
					 12599.8,
					 Government Code; Sections
					 17510,
					 17510.2,
					 17510.25,
					 17510.3,
					 17510.4,
					 17510.5,
					 17510.8,
					 17510.85
					 and
					 17510.9,
					 Business and Professions Code; and Sections
					 5142,
					 5230,
					 5231,
					 5232,
					 5233,
					 5235,
					 5236,
					 5237,
					 5238,
					 6215,
					 7231,
					 7233,
					 7236,
					 7237 and
					 7238,
					 Corporations Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 15 - Attorney General Review of Changes of Control Involving Health Care Facilities › Section 999.8 - Final Attorney General Decisions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 12581, 12584, 12585, 12586,
					 12587 and 12598, Government Code. Reference: Sections 11400 et seq., 11500 et seq.,
					 11425.10(a)(7), 11425.60, 11517, 11518.5, 11519, 12581, 12581.2, 12584, 12586,
					 12588, 12591, 12591.1, 12595, 12596, 12597, 12598(e), 12599, 12599.1, 12599.2,
					 12599.6, 12599.7 and 12599.8, Government Code; Sections 17510, 17510.2, 17510.25,
					 17510.3, 17510.4, 17510.5, 17510.8, 17510.85 and 17510.9, Business and Professions
					 Code; and Sections 5142, 5230, 5231, 5232, 5233, 5235, 5236, 5237, 5238, 6215, 7231,
					 7233, 7236, 7237 and 7238, Corporations Code.
Note: Authority cited: Sections
					 12581,
					 12584,
					 12585,
					 12586,
					 12587 and
					 12598,
					 Government Code. Reference: Sections
					 11400 et seq.,
					 11500 et seq.,
					 11425.10(a)(7),
					 11425.60,
					 11517,
					 11518.5,
					 11519,
					 12581,
					 12581.2,
					 12584,
					 12586,
					 12588,
					 12591,
					 12591.1,
					 12595,
					 12596,
					 12597,
					 12598(e),
					 12599,
					 12599.1,
					 12599.2,
					 12599.6,
					 12599.7 and
					 12599.8,
					 Government Code; Sections
					 17510,
					 17510.2,
					 17510.25,
					 17510.3,
					 17510.4,
					 17510.5,
					 17510.8,
					 17510.85
					 and
					 17510.9,
					 Business and Professions Code; and Sections
					 5142,
					 5230,
					 5231,
					 5232,
					 5233,
					 5235,
					 5236,
					 5237,
					 5238,
					 6215,
					 7231,
					 7233,
					 7236,
					 7237 and
					 7238,
					 Corporations Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 15 - Attorney General Review of Changes of Control Involving Health Care Facilities › Section 999.9 - Grounds for Refusal, Revocation or Suspension. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 12581, 12584, 12585, 12586,
					 12587 and 12598, Government Code. Reference: Sections 11400 et seq., 11500 et seq.,
					 11425.10(a)(7), 11425.60, 11517, 11518.5, 11519, 12581, 12581.2, 12584, 12585,
					 12586, 12588, 12591, 12591.1, 12595, 12596, 12597, 12599, 12599.1, 12599.2, 12599.6
					 and 12599.7, Government Code; Sections 17510, 17510.2, 17510.25, 17510.3, 17510.4,
					 17510.5, 17510.8, 17510.85 and 17510.9, Business and Professions Code; and Sections
					 5142, 5230, 5231, 5232, 5233, 5235, 5236, 5237, 5238, 6215, 7231, 7233, 7236, 7237
					 and 7238, Corporations Code.
Note: Authority cited: Sections
					 12581,
					 12584,
					 12585,
					 12586,
					 12587 and
					 12598,
					 Government Code. Reference: Sections
					 11400 et seq.,
					 11500 et seq.,
					 11425.10(a)(7),
					 11425.60,
					 11517,
					 11518.5,
					 11519,
					 12581,
					 12581.2,
					 12584,
					 12585,
					 12586,
					 12588,
					 12591,
					 12591.1,
					 12595,
					 12596,
					 12597,
					 12599,
					 12599.1,
					 12599.2,
					 12599.6 and
					 12599.7,
					 Government Code; Sections
					 17510,
					 17510.2,
					 17510.25,
					 17510.3,
					 17510.4,
					 17510.5,
					 17510.8,
					 17510.85
					 and
					 17510.9,
					 Business and Professions Code; and Sections
					 5142,
					 5230,
					 5231,
					 5232,
					 5233,
					 5235,
					 5236,
					 5237,
					 5238,
					 6215,
					 7231,
					 7233,
					 7236,
					 7237 and
					 7238,
					 Corporations Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 15 - Attorney General Review of Changes of Control Involving Health Care Facilities › Section 999.9.1 - Automatic Suspension. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 12581, 12584, 12585, 12586,
					 12587, 12597 and 12598, Government Code. Reference: Sections 11400 et seq., 11500 et
					 seq., 12599, 12599.1, 12599.2 and 12599.5, Government Code; Sections 2205, 5008.6,
					 6810, 8810 and 6910, Corporations Code; and Section 23775, Revenue and Taxation
					 Code.
Note: Authority cited: Sections
					 12581,
					 12584,
					 12585,
					 12586,
					 12587,
					 12597 and
					 12598,
					 Government Code. Reference: Sections
					 11400 et seq.,
					 11500 et seq.,
					 12599,
					 12599.1,
					 12599.2 and
					 12599.5,
					 Government Code; Sections
					 2205,
					 5008.6,
					 6810,
					 8810 and
					 6910,
					 Corporations Code; and Section
					 23775,
					 Revenue and Taxation Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 15 - Attorney General Review of Changes of Control Involving Health Care Facilities › Section 999.9.2 - Refusal to Renew Registration. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 12581, 12584, 12585, 12586,
					 12587 and 12598, Government Code. Reference: Sections 11400 et seq., 11500 et seq.,
					 12584, 12585, 12586, 12586.1, 12588, 12589, 12590, 12591, 12599, 12599.1 and
					 12599.2, Government Code.
Note: Authority cited: Sections
					 12581,
					 12584,
					 12585,
					 12586,
					 12587 and
					 12598,
					 Government Code. Reference: Sections
					 11400 et seq.,
					 11500 et seq.,
					 12584,
					 12585,
					 12586,
					 12586.1,
					 12588,
					 12589,
					 12590,
					 12591,
					 12599,
					 12599.1 and
					 12599.2,
					 Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 15 - Attorney General Review of Changes of Control Involving Health Care Facilities › Section 999.9.3 - Disclosure and Restrictions on Use of Charitable Assets After Suspension or Revocation of Registration. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 12581, 12584, 12585, 12586,
					 12587, 12598, 12599, 12599.1, 12599.2 and 12599.7, Government Code. Reference:
					 Sections 11400 et seq., 11500 et seq. and 12596, Government Code.
Note: Authority cited: Sections
					 12581,
					 12584,
					 12585,
					 12586,
					 12587,
					 12598,
					 12599,
					 12599.1,
					 12599.2 and
					 12599.7,
					 Government Code. Reference: Sections
					 11400 et seq.,
					 11500 et seq.
					 and
					 12596,
					 Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 15 - Attorney General Review of Changes of Control Involving Health Care Facilities › Section 999.9.4 - Registrant Must Be In Good Standing to Operate or Solicit. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 12581, 12584, 12585, 12586,
					 12587, 12598, 12598(e), 12599, 12599.1 and 12599.2, Government Code. Reference:
					 Sections 11400 et seq., 11500 et seq., 12585, 12586 and 12586.1, Government
					 Code.
Note: Authority cited: Sections
					 12581,
					 12584,
					 12585,
					 12586,
					 12587,
					 12598,
					 12598(e),
					 12599,
					 12599.1 and
					 12599.2,
					 Government Code. Reference: Sections
					 11400 et seq.,
					 11500 et seq.,
					 12585,
					 12586 and
					 12586.1,
					 Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 15 - Attorney General Review of Changes of Control Involving Health Care Facilities › Section 999.9.5 - Reinstatement. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 12581, 12584, 12585, 12586,
					 12587 and 12598, Government Code. Reference: Sections 11400 et seq., 11500 et seq.
					 and 11522, Government Code.
Note: Authority cited: Sections
					 12581,
					 12584,
					 12585,
					 12586,
					 12587 and
					 12598,
					 Government Code. Reference: Sections
					 11400 et seq.,
					 11500 et seq.
					 and
					 11522,
					 Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 16 - Attorney General Regulations Under Master Settlement Agreement with Tobacco Product Manufacturers and Non-Participating Tobacco Product Manufacturer Law (Health and Safety Code Sections 104555-104557) › Section 999.12 - Escrow Agreement for Non-Participating Manufacturer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This regulation
				applies to Non-Participating Manufacturers (NPMs) whose cigarettes or roll-your-own
				tobacco ("RYO") are sold to consumers within the State, NPMs that previously sold
				cigarettes or RYO to consumers within the State and must maintain escrow principal
				for the benefit of the State of California and other releasing parties under the MSA
				pursuant to Health and Safety Code sections
				104555-104557, and the financial
				institutions that serve as escrow agents for NPMs with tobacco escrow accounts for
				the benefit of the State. The capitalized terms in this section have the same
				meaning as defined in Approved Tobacco Escrow Agreement, JUS-TOB6 Rev. 02/2023,
				which is incorporated by reference.
(b)
				Pursuant to Health and Safety Code section
				104557, any NPM that has sold
				cigarettes or RYO to consumers within the State, whether directly or through a
				distributor, retailer, or similar intermediary or intermediaries, shall establish,
				fund, and continue to maintain a qualified escrow account with a qualified escrow
				agent in full compliance with Health and Safety Code sections
				104555-104557, Revenue and Taxation
				Code section 30165.1, Approved Tobacco Escrow
				Agreement, JUS-TOB6 Rev. 02/2023, and all other applicable state and federal laws
				and regulations.
(c) All NPMs that sell
				cigarettes or RYO to consumers within the State, NPMs that previously sold
				cigarettes or RYO to consumers in the State and must maintain escrow principal for
				the benefit of the State and other releasing parties under the MSA pursuant to
				Health and Safety Code sections
				104555-104557, and their escrow agents
				shall execute and fully comply with the terms and conditions of Approved Tobacco
				Escrow Agreement, JUS-TOB6 Rev. 02/2023. Other than filling blank spaces and
				checking boxes, no deviation, amendments, or other changes to the agreement shall be
				permitted without the prior written approval of the Attorney General.
If the escrow agent:
(1)
				establishes to the Attorney General's satisfaction that the NPM abandoned its escrow
				account (factors that the Attorney General will consider in determining whether the
				escrow account has been abandoned include, but are not limited to:
(A) the duration of time without communication
				from the NPM,
(B) whether the NPM has
				unpaid fees or costs,
(C) the amount of
				unpaid fees or costs, and/or
(D) the
				escrow agent's effort to communicate with the NPM); and
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 16 - Attorney General Regulations Under Master Settlement Agreement with Tobacco Product Manufacturers and Non-Participating Tobacco Product Manufacturer Law (Health and Safety Code Sections 104555-104557) › Section 999.13 - Escrow Agreement Form. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-15-2002 as an emergency; operative 4-15-2002 (Register 2002, No. 16). A
				  Certificate of Compliance must be transmitted to OAL by 8-13-2002 or emergency
				  language will be repealed by operation of law on the following day.
2.
				  Certificate of Compliance as to 4-15-2002 order, including further amendment of
				  section, transmitted to OAL 5-10-2002 and filed 6-19-2002 (Register 2002, No.
				  25).
3. Amendment of section and NOTE filed 4-26-2004 as an emergency;
				  operative 4-26-2004 (Register 2004, No. 18). A Certificate of Compliance must be
				  transmitted to OAL by 10-25-2004 pursuant to Revenue and Taxation Code section
				  30165.1
				  or emergency language will be repealed by operation of law on the following
				  day.
4. Editorial correction of HISTORY 3 (Register 2004, No.
				  49).
5. Certificate of Compliance as to 4-26-2004 order transmitted to
				  OAL 10-22-2004 and filed 12-6-2004 (Register 2004, No. 49).
6. Repealer
				  filed 1-25-2019 as an emergency; operative 1-25-2019 (Register 2019, No. 4). A
				  Certificate of Compliance must be transmitted to OAL by 7-24-2019 or emergency
				  language will be repealed by operation of law on the following day.
7.
				  Repealer refiled 7-17-2019 as an emergency; operative 7-25-2019 (Register 2019, No.
				  29). A Certificate of Compliance must be transmitted to OAL by 10-23-2019 or
				  emergency language will be repealed by operation of law on the following
				  day.
8. Repealer refiled 10-22-2019 as an emergency; operative 10-24-2019
				  (Register 2019, No. 43). A Certificate of Compliance must be transmitted to OAL by
				  1-21-2020 or emergency language will be repealed by operation of law on the
				  following day.
9. Certificate of Compliance as to 10-22-2019 order
				  transmitted to OAL 11-15-2019 and filed 12-26-2019 (Register 2019, No.
				  52).
Note: Authority cited: Section
					 30165.1(o),
					 Revenue and Taxation Code; Sections
					 11110-
					 11113,
					 Government Code; Section
					 104557(c),
					 Health and Safety Code; and Article 5, Section
					 13 of the California Constitution.
					 Reference: Section
					 30165.1(o),
					 Revenue and Taxation Code; and Sections
					 104556
					 and
					 104557,
					 Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 16 - Attorney General Regulations Under Master Settlement Agreement with Tobacco Product Manufacturers and Non-Participating Tobacco Product Manufacturer Law (Health and Safety Code Sections 104555-104557) › Section 999.14 - Escrow Adjustments and Release Requests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Introduction; grounds
The Reserve Fund Statute authorizes the release of funds from
				  Qualified Escrow Fund Principal only under certain circumstances. Section
				  104557(b) authorizes
				  the release of funds from escrow to the extent that an NPM "establishes that the
				  amount it was required to place into escrow in a particular year was greater than
				  the Master Settlement Agreement payments, as determined pursuant to section IX(i) of
				  the agreement including after the final determination of all adjustments, that the
				  manufacturer would have been required to make in that year under the Master
				  Settlement Agreement had it been a participating manufacturer." (Health & Saf.
				  Code, §
										104557(b)(2).)
(b) Time for filing request
Requests for adjustments must be filed no later than three years
				  after the deposit was due for the relevant Sales Year. (See Code Civ. Proc., §
										338(a)(c).)
(c) Escrow Rate Adjustment requests
(1) Under Health and Safety Code section
				104557(b)(2),
				NPMs may request a release of Qualified Escrow Fund Principal that is on deposit for
				the benefit of California based upon the escrow rate used by California for a
				particular Sales Year. ("Escrow Rate Adjustment"). NPMs must establish that the
				amount it was required to place into escrow for a particular Sales Year was greater
				than the Master Settlement Agreement ("MSA") payments, as determined pursuant to
				section IX(i) of the MSA, including after the final determination of all
				adjustments, that the NPM would have been required to make on account of the Units
				Sold had it been a PM.
(2) An NPM
				seeking an Escrow Rate Adjustment shall submit an affidavit, signed by an executive
				officer of the NPM, setting forth the officer's authority to bind and act on behalf
				of the NPM, the Escrow Rate that the NPM contends that California should have used
				under Health and Safety Code section
				104557(b)(2),
				and all the facts and contentions in support of the NPM's
				request.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 16 - Attorney General Regulations Under Master Settlement Agreement with Tobacco Product Manufacturers and Non-Participating Tobacco Product Manufacturer Law (Health and Safety Code Sections 104555-104557) › Section 999.15 - Notice of Decision on Requests for Release

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A request for an adjustment of escrow account
				will be decided within sixty (60) days of the submission of all of the information
				necessary for its determination. The Attorney General will send a copy of the
				release determination to the Tobacco Product Manufacturer and, if the release
				request has been allowed in whole or in part, to the Escrow Agent.
(b) Decisions to deny escrow release requests in
				whole or in part must contain (1) a statement of reasons for the denial; and (2) a
				statement of the means and deadline by which review of the decision may be
				obtained.
1. New section
				  filed 4-26-2004 as an emergency; operative 4-26-2004 (Register 2004, No. 18). A
				  Certificate of Compliance must be transmitted to OAL by 10-25-2004 pursuant to
				  Revenue and Taxation Code section
				  30165.1
				  or emergency language will be repealed by operation of law on the following
				  day.
2. Editorial correction of HISTORY 1 (Register 2004, No.
				  49).
3. Certificate of Compliance as to 4-26-2004 order transmitted to
				  OAL 10-22-2004 and filed 12-6-2004 (Register 2004, No. 49).
4. Amendment
				  of subsection (a) filed 5-19-2022; operative 7-1-2022 pursuant to Government Code
				  section
				  11343.4(a)
				  (Register 2022, No. 20). Transmission deadline specified in Government Code section
				  11346.4(b)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
				  calendar days pursuant to Executive Order N-71-20. Filing deadline specified in
				  Government Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order
				  N-40-20.
Note: Authority cited: Section
					 30165.1(o),
					 Revenue and Taxation Code; Sections
					 11110-
					 11113,
					 Government Code; Section
					 104557(c),
					 Health and Safety Code; and Article 5, Section
					 13 of the California Constitution.
					 Reference: Section
					 30165.1(a),
					 Revenue and Taxation Code; and Sections
					 104556
					 and
					 104557,
					 Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 16 - Attorney General Regulations Under Master Settlement Agreement with Tobacco Product Manufacturers and Non-Participating Tobacco Product Manufacturer Law (Health and Safety Code Sections 104555-104557) › Section 999.16 - Certifying for Listing on Directory of Tobacco Product Manufacturers and Brand Families

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Tobacco
				Product Manufacturer Certifications
Tobacco Product Manufacturers shall apply for listing on the
				  California Tobacco Directory by submitting a complete, timely and accurate
				  certification with supporting documentation in the manner specified and on forms
				  required by the Attorney General. A Tobacco Product Manufacturer and its Brand
				  Families will not be listed on the Directory, or will be removed from the Directory,
				  if the Tobacco Product Manufacturer or any of its Brand Families are not in full
				  compliance with the terms and requirements of the Reserve Fund Statute, Revenue and
				  Taxation Code section
				  30165.1
				  and any regulations adopted pursuant thereto.
(b) Participating Manufacturers shall complete and
				submit a PM Certification. The Attorney General's forms in support of a PM's
				Certification include:
(1) Brand List,
				JUS-TOB8;
(2) Surety bonds posted, as
				specified in section
				999.26, using a JUS-TOB14;
(3) Waivers of sovereign immunity, as specified in
				section 999.24, using a JUS-TOB9, JUS-TOB10, or
				JUS-TOB11.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 16 - Attorney General Regulations Under Master Settlement Agreement with Tobacco Product Manufacturers and Non-Participating Tobacco Product Manufacturer Law (Health and Safety Code Sections 104555-104557) › Section 999.18 - Records Retention by Tobacco Product Manufacturers and Availability for Review, Inspection and Copying

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Tobacco
				Product Manufacturer shall retain copies of all documents filed with the Attorney
				General's Office in connection with the certification and annual certification
				process, as well as all documents relied upon in completing documents filed with the
				Attorney General's Office, including invoices, calculations and documentation of
				sales.
(b) Unless required to retain
				them longer by another law or regulation, a Tobacco Product Manufacturer shall
				maintain all of the documents in one designated location for a minimum of five years
				and shall make such documents available for review, inspection, and copying upon
				request of the Attorney General's Office or CDTFA.
(c) If any Tobacco Product Manufacturer refuses or
				neglects to retain or make available the foregoing documents for inspection and
				copying within thirty (30) days of such request, the Tobacco Product Manufacturer
				and its Brand Families are subject to removal from the Directory until all requested
				documents are provided or production is waived by the Attorney General.
1. New section
				  filed 4-26-2004 as an emergency; operative 4-26-2004 (Register 2004, No. 18). A
				  Certificate of Compliance must be transmitted to OAL by 10-25-2004 pursuant to
				  Revenue and Taxation Code section
				  30165.1
				  or emergency language will be repealed by operation of law on the following
				  day.
2. Editorial correction of HISTORY 1 (Register 2004, No.
				  49).
3. Certificate of Compliance as to 4-26-2004 order transmitted to
				  OAL 10-22-2004 and filed 12-6-2004 (Register 2004, No. 49).
4. Amendment
				  of subsections (a) and (b) and amendment of NOTE filed 5-19-2022; operative 7-1-2022
				  pursuant to Government Code section
				  11343.4(a)
				  (Register 2022, No. 20). Transmission deadline specified in Government Code section
				  11346.4(b)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
				  calendar days pursuant to Executive Order N-71-20. Filing deadline specified in
				  Government Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order
				  N-40-20.
Note: Authority cited: Section
					 30165.1(o),
					 Revenue and Taxation Code. Reference: Section
					 30165.1,
					 Revenue and Taxation Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 16 - Attorney General Regulations Under Master Settlement Agreement with Tobacco Product Manufacturers and Non-Participating Tobacco Product Manufacturer Law (Health and Safety Code Sections 104555-104557) › Section 999.19 - Records Retention by Distributors and Wholesalers and Availability for Review, Inspection, and Copying

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Records
				Retention
A Wholesaler or Distributor of Cigarettes shall maintain in one
				  designated location the following documents:
(1) Copies of all California Tobacco Directory
				approval letters, removal notices, or other California Tobacco Directory Notices
				provided to the Distributor or Wholesaler by a Tobacco Product
				Manufacturer;
(2) All sales invoices and
				receipts issued by a Tobacco Product Manufacturer, Distributor, or Wholesaler,
				related to the sale of Cigarettes;
(3)
				Copies of all certifications, reports, notices and documents as identified in
				Revenue and Taxation Code section
				30165.1,
				subdivisions (g)(1) and (i).
(4) All
				documents or communications to and from a Tobacco Product Manufacturer regarding its
				compliance with the Master Settlement Agreement and the Reserve Fund Statute for
				Cigarettes sold in California.
(5)
				Copies of all reports of the Cigarette excise taxes or surcharges paid by the
				Distributor or Wholesaler.