Government Code — Part 3 | GOV — United States — California law | Esheria

Government Code

Part 3 of 107 · provisions 401–600

This act is named the Government Code.

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About this statute

This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 11150.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. )

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    This section states California’s policy to place civil administration of state laws in the Governor and to divide executive and administrative work into departments as provided by law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11150. It is the policy of this State to vest in the Governor the civil administration of the laws of the State and for the purpose of aiding the Governor in the execution and administration of the laws to divide the executive and administrative work into departments as provided by law. (Added by Stats. 1945, Ch. 111.)
  2. 11151.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. )

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    Each department must maintain an office and keep an official seal; directors who are members of the Governor’s council must reside at Sacramento.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11151. Each department shall maintain an office and the director of each department who is a member of the Governor’s council shall reside at Sacramento. Each department shall adopt and keep an official seal. (Added by Stats. 1945, Ch. 111.)
  3. 11152.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. )

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    Department heads may reorganize department work, create or abolish divisions, make needed rules, and assign or reassign duties, subject to the Governor’s approval and consistency with law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11152. Subject to the approval of the Governor, the head of each department may arrange and classify the work of the department and consolidate, abolish, or create divisions thereof. So far as consistent with law the head of each department may adopt such rules and regulations as are necessary to govern the activities of the department and may assign to its officers and employees such duties as he sees fit. For the betterment of the public service, he may reassign to any employees under the chief of any division, such duties as he sees fit. (Added by Stats. 1945, Ch. 111.)
  4. 11152.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. )

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    Certain agencies that adopt rules must follow the State Building Standards Law when the rules are building standards, unless specific sections are expressly excepted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11152.5. Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such rules and regulations which are building standards, as defined in Section 18909 of the Health and Safety Code, shall be adopted pursuant to the provisions of Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the provision of this code under which the authority to adopt the specific building standard is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted prior to January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner. (Added by Stats. 1979, Ch. 1152.)
  5. 11153.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. )

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    Each department division must have a chief, appointed by the department head. The chief is entitled to compensation set by law, and for a newly created division the Governor sets the chief’s salary until the Legislature does; the salary may not exceed pay for similar services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11153. Except as otherwise provided by law, each division of a department shall be in charge of a chief who shall be appointed by the head of the department and receive such compensation as is fixed according to law. When a new division is created and a new chief appointed the salary of the chief shall be fixed by the Governor until fixed by the Legislature and shall not exceed the compensation paid for like services. (Added by Stats. 1945, Ch. 111.)
  6. 11154.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. )

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    Department heads may appoint necessary officers and employees with the Governor’s approval, and may also set duties and salaries subject to the State Personnel Board’s classifications.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11154. Except as otherwise provided by law, the head of each department may, with the approval of the Governor, appoint such officers and employees as are necessary; and prescribe their duties, and fix their salaries in accordance with classifications made by the State Personnel Board. (Added by Stats. 1945, Ch. 111.)
  7. 11155.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. )

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    A department head may not obligate the State for salaries beyond the amount of money available by law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11155. The head of a department has no authority to obligate the State for salaries in excess of money available by law for that purpose. (Added by Stats. 1945, Ch. 111.)
  8. 11156.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. )

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    The head of each department may require an officer or employee to execute an official bond, in an amount the head determines, in addition to any bonds required by the Director of General Services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11156. In addition to any bonds required by the Director of General Services the head of each department may require any officer or employee in his department to execute an official bond in such amount as he determines. (Amended by Stats. 1965, Ch. 371.)
  9. 11157.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. )

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    The Attorney General must act as legal adviser to each department and, when a department head requests it, help with investigations, hearings, prosecutions, or trials and bring necessary enforcement actions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11157. The Attorney General is the legal adviser of each department in all matters relating to the department and to the powers and duties of its officers. Upon request of the head of a department, the Attorney General, or under his direction, the district attorney of any county in which the proceeding is brought, shall aid in any investigation, hearing, prosecution or trial had under the laws which the department is required to administer, and shall institute and prosecute all necessary actions or proceedings for the enforcement of such law and for the punishment of all violations thereof. (Added by Stats. 1945, Ch. 111.)
  10. 11158.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. )

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    County sheriffs must carry out all lawful orders of a department in their counties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11158. The sheriffs in the several counties shall execute all lawful orders of a department in their counties. (Amended by Stats. 1996, Ch. 872, Sec. 39. Effective January 1, 1997.)
  11. 11159.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. )

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    If a department takes over the duties, powers, purposes, responsibilities, and jurisdiction of a State agency or related personnel, later laws using that agency or person’s name are read to mean the department.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11159. Whenever a department succeeds to and is vested with the duties, powers, purposes, responsibilities and jurisdiction of a State agency, deputy, employee, or employment, the name or designation of the State agency, deputy, employee, or employment and of its several members, officers, deputies and employees, when used in any law then in force or thereafter enacted, shall be construed to mean the department, as though the title of the department had been specifically set forth in the law. (Added by Stats. 1945, Ch. 111.)
  12. 11160.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. )

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    If a department already has power and a duty to administer and enforce a law, that power, duty, and authority are transferred to the department and its officers, deputies, and employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11160. Whenever a department is invested with the power and is charged with the duty of administering and enforcing any law which imposes a duty or jurisdiction or confers an authority upon any State agency, deputy or employee, to administer its provisions, the duty, jurisdiction, and authority are hereby imposed upon and transferred to the department and its officers, deputies and employees with the same effect as if the name of the department occurred in the law in each instance in lieu of the name of the State agency, the member, officer, deputy or employee, as the case may be. (Added by Stats. 1945, Ch. 111.)
  13. 11161.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. )

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    Every person is treated as subject to the same obligations, duties, rights, and penalties described here.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11161. Every person is subject to the same obligations and duties, and has the same rights as if the rights, powers and duties imposed upon and transferred to a department were exercised by the State agency, deputy or employee designated in the laws administered by departments created in conformity with this chapter. Every person is subject to the same penalties, civil or criminal, for failure to perform any obligation, or duty, or for doing a prohibited act as if the obligation or duty arose from or was prohibited by the State agency, deputy or employee, designated in the laws administered by the department. (Added by Stats. 1945, Ch. 111.)
  14. 11162.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. )

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    State officers, deputies, and employees are subject to the same civil or criminal penalties as others for the same offense, and creating a new department does not disturb earlier acts, rights, offenses, or proceedings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11150 - 11162] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11162. Every State officer, deputy and employee is subject to the same penalties, civil or criminal, for any offense as are prescribed by existing law for the same offense by any officer, deputy or employee whose powers or duties are devolved upon him under any law creating a new department. No law creating a new department affects any act done, ratified, or confirmed, or any right accrued or established, or any offense committed, or any action or proceeding had or commenced in a civil or criminal cause before such law takes effect; but such right may be enforced, offense punished and action or proceeding prosecuted and continued by the department having or acquiring jurisdiction of the subject matter to which such litigation or proceeding pertains, with the same effect as if the transfer of such rights powers, duties, responsibilities and jurisdiction had not been made to the department. (Added by Stats. 1945, Ch. 111.)
  15. 11180.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. )

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    The head of each department may investigate and bring actions about matters within the department’s jurisdiction, violations of departmental law or orders, and other matters allowed by law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11180. The head of each department may make investigations and prosecute actions concerning: (a) All matters relating to the business activities and subjects under the jurisdiction of the department. (b) Violations of any law or rule or order of the department. (c) Such other matters as may be provided by law. (Added by Stats. 1945, Ch. 111.)
  16. 11180.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. )

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    At the request of a prosecuting attorney or the Attorney General, government agencies may help investigate unlawful activity within or related to their jurisdiction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11180.5. At the request of a prosecuting attorney or the Attorney General, any agency, bureau, or department of this state, any other state, or the United States may assist in conducting an investigation of any unlawful activity that involves matters within or reasonably related to the jurisdiction of the agency, bureau, or department. This investigation may be made in cooperation with the prosecuting attorney or the Attorney General. The prosecuting attorney or the Attorney General may disclose documents or information acquired pursuant to the investigation to another agency, bureau, or department if the agency, bureau, or department agrees to maintain the confidentiality of the documents or information received to the extent required by this article. (Amended by Stats. 2003, Ch. 876, Sec. 5. Effective January 1, 2004.)
  17. 11181.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The department head may take specified investigative and hearing-related actions when acting on an authorized investigation or action under this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11181. In connection with any investigation or action authorized by this article, the department head may do any of the following: (a) Inspect and copy books, records, and other items described in subdivision (e). (b) Hear complaints. (c) Administer oaths. (d) Certify to all official acts. (e) Issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, any writing as defined by Section 250 of the Evidence Code, tangible things, and testimony pertinent or material to any inquiry, investigation, hearing, proceeding, or action conducted in any part of the state. (f) Promulgate interrogatories pertinent or material to any inquiry, investigation, hearing, proceeding, or action. (g) Divulge information or evidence related to the investigation of unlawful activity discovered from interrogatory answers, papers, books, accounts, documents, and any other item described in subdivision (e), or testimony, to the Attorney General or to any prosecuting attorney of this state, any other state, or the United States who has a responsibility for investigating the unlawful activity investigated or discovered, or to any governmental agency responsible for enforcing laws related to the unlawful activity investigated or discovered, if the Attorney General, prosecuting attorney, or agency to which the information or evidence is divulged agrees to maintain the confidentiality of the information received to the extent required by this article. (h) Present information or evidence obtained or developed from the investigation of unlawful activity to a court or at an administrative hearing in connection with any action or proceeding. (Amended by Stats. 2003, Ch. 876, Sec. 6. Effective January 1, 2004.)
  18. 11182.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The head of a department may delegate the powers given by this article to an authorized department officer who will conduct the investigation or hearing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11182. The head of a department may delegate the powers conferred upon him by this article to any officer of the department he authorizes to conduct the investigation or hearing. (Added by Stats. 1945, Ch. 111.)
  19. 11183.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    An officer generally must not disclose certain information or evidence obtained under this article, except in specified reporting, testimony, and other statutory situations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11183. Except in a report to the head of the department or when called upon to testify in any court or proceeding at law or as provided in Section 11180.5 or subdivisions (g) and (h) of Section 11181, an officer shall not divulge any information or evidence acquired by the officer from the interrogatory answers or subpoenaed private books, documents, papers, or other items described in subdivision (e) of Section 11181 of any person while acting or claiming to act under any authorization pursuant to this article, in respect to the confidential or private transactions, property or business of any person. An officer who divulges information or evidence in violation of this section is guilty of a misdemeanor and disqualified from acting in any official capacity in the department. (Amended by Stats. 2003, Ch. 876, Sec. 7. Effective January 1, 2004.)
  20. 11184.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The department head must issue and serve process and subpoenas for hearings and investigations under this article, and subpoenas for non-natural-person witnesses must give specific notice and description requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11184. (a) In any hearing in any part of the state or in any investigation conducted under this article, the head of the department shall issue process and subpoenas in a manner consistent with the California Constitution and the United States Constitution, and the process and subpoenas shall be served in the same manner as provided for the service of a summons as described in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. Service of process and subpoenas may be effectuated by any person designated for that purpose by the head of the department. The person serving any process or a subpoena may receive compensation as is allowed by the head of the department not to exceed the fees prescribed by law for similar service. This compensation shall be paid in the manner provided in this article for the payment of the fees of witnesses. (b) If the subpoena requires oral testimony from a witness who is not a natural person, the subpoena shall describe, with reasonable particularity, the matters on which examination is requested. In that event, the subpoenaed witness shall designate and produce at the hearing those natural persons who are most qualified to testify on behalf of the subpoenaed witness about those matters to the extent of any information known or reasonably available to the subpoenaed witness. The subpoena shall notify the witness named in the subpoena of its duty to designate and produce natural persons to testify as described in this subdivision. (Amended by Stats. 2003, Ch. 876, Sec. 8. Effective January 1, 2004.)
  21. 11185.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    This section limits where subpoenaed witnesses must attend or produce evidence, based on where they live, work, or conduct business, and lets the department head require local production in some cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11185. (a) If the witness named in the subpoena is a natural person, the person is not obliged to attend as a witness in any matter under this article at a place out of the county in which he or she resides, unless the distance is less than 75 miles from his or her place of residence. (b) If the witness named in the subpoena is not a natural person and has an office within this state, the subpoena may provide that the testimony of the persons designated to appear on behalf of the witness, as described in subdivision (b) of Section 11184, shall be given in the county in which the witness named in the subpoena has its principal executive or business office in this state or within 150 miles of that location. (c) If the witness conducts business in this state but does not reside or have an office within this state, the subpoena may provide that oral testimony shall be given at a location that is within 75 miles of the residence or executive or business office of the witness. (d) If the witness does not reside, have an office, or conduct business in this state, the testimony shall be given and documents and other items produced at a location set by a court. (e) The department head may require any person who resides or conducts business in this state to produce the documents and other items described in subdivision (e) of Section 11181 at a location in the county in which the department head or the Attorney General maintains an office. (f) Nothing in this section prevents the department head and subpoenaed person from agreeing that testimony may be given or production made at any location. (Amended by Stats. 2003, Ch. 876, Sec. 9. Effective January 1, 2004.)
  22. 11186.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    A superior court may compel witness attendance, testimony, interrogatory answers, and production of specified items for certain department hearings or investigations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11186. The superior court in the county in which any hearing is held or any investigation is conducted under the direction of the head of a department or the county in which testimony is designated to be given or documents or other items are designated to be produced, has jurisdiction to compel the attendance of witnesses, the giving of testimony, the answering without objection of interrogatories, and the production, inspection, and copying of papers, books, accounts, documents, and other items described in subdivision (e) of Section 11181 as required by any subpoena issued by the department head. (Amended by Stats. 2003, Ch. 876, Sec. 10. Effective January 1, 2004.)
  23. 11187.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    A department head may ask the superior court to compel a subpoenaed witness to comply when the witness refuses to answer, testify, or produce items.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11187. (a) Except as provided in subdivision (c), if any witness refuses to answer any interrogatory or to attend or testify or produce or permit the inspection or copying of any papers or other items described in subdivision (e) of Section 11181 required by subpoena, the head of the department may petition the superior court in the county in which the hearing or investigation is pending or the county in which testimony is designated in the subpoena to be given or documents or other items are designated in the subpoena to be produced, for an order compelling the person to answer the interrogatories or to attend and testify or produce and permit the inspection and copying of the papers or other items required by the subpoena before the officer named in the subpoena. (b) The petition shall set forth all of the following: (1) That due notice of the time and place for answering the interrogatories or testifying or the attendance of the person or the production of the papers or other items described in subdivision (e) of Section 11181 was given. (2) That the person was subpoenaed or required to answer interrogatories in the manner prescribed in this article. (3) That the person failed and refused to answer the interrogatories or to attend or testify or produce or permit the inspection or copying of the papers or other items required by subpoena before the officer in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him or her in the course of the investigation or hearing. (c) If the witness named in the subpoena does not reside or conduct business in this state, the department head may seek to compel the witness’ testimony and production, inspection, and copying of documents or other items described in subdivision (e) of Section 11181 in the manner provided for the enforcement of a deposition notice to a nonparty as described in Section 2026.010 or 2027.010 of the Code of Civil Procedure or in any other manner authorized by any law. (d) If any witness objects and based on that objection refuses to answer any interrogatory or to attend or testify or produce or permit the inspection or copying of any papers or other items described in subdivision (e) of Section 11181 as required by a subpoena, the witness shall state the objection and the validity of the objection shall be determined exclusively in a proceeding brought by the head of the department to compel compliance as provided in this section. (Amended by Stats. 2004, Ch. 182, Sec. 40. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  24. 11188.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The court must issue an order requiring the person to appear and explain noncompliance, and may issue additional compliance orders at the department head’s request.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11188. Upon the filing of the petition the court shall enter an order directing the person to appear before the court at a specified time and place and then and there show cause why the person has not attended, testified, answered interrogatories, or produced or permitted the inspection or copying of the papers or other items described in subdivision (e) of Section 11181 as required. A copy of the order shall be served upon the person in the manner provided for the service of a summons described in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. If it appears to the court that the subpoena was regularly issued, or the interrogatories were regularly promulgated, by the head of the department, the court shall enter an order that the person appear before the officer named in the subpoena at the time and place fixed in the order and testify or produce and permit the inspection and copying of the required papers or other items described in subdivision (e) of Section 11181 as required or answer the interrogatories without objection. At the request of the department head, the court may issue any additional order to aid the implementation of the order enforcing compliance with the subpoena, including the issuance of a commission or letters rogatory in the manner provided for the enforcement of a deposition notice to a nonparty as described in Section 2026.010 or 2027.010 of the Code of Civil Procedure. Upon failure to obey the order, the person shall be dealt with as for contempt of court. (Amended by Stats. 2023, Ch. 131, Sec. 73. (AB 1754) Effective January 1, 2024.)
  25. 11189.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    A department head may seek a court order to take depositions in a pending matter, and the court may require a person to appear and testify.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11189. In any matter pending before a department head, the department head may cause the deposition of persons residing within or without the state to be taken by causing a petition to be filed in the Superior Court in the County of Sacramento reciting the nature of the matter pending, the name and residence of the person whose testimony is desired, and asking that an order be made requiring the person to appear and testify before an officer named in the petition for that purpose. Upon the filing of the petition the court may make an order requiring the person to appear and testify in the manner prescribed by law for like depositions in civil actions in the superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. In the same manner the superior courts may compel the attendance of persons as witnesses, and the production of papers, books, accounts, and documents, under Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure, and may punish for contempt. (Amended by Stats. 2004, Ch. 182, Sec. 41. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  26. 11190.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    A party in a departmental hearing can require witnesses to attend for the hearing or a deposition if they request it, identify the witnesses, and pay the required fees and mileage.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11190. Any party to any departmental hearing has the right to the attendance of witnesses in his behalf at the hearing or upon deposition upon making request therefor to the head of the department, designating the persons sought to be subpenaed, and depositing with the officer before whom the hearing is to be had the necessary fees and mileage. (Added by Stats. 1945, Ch. 111.)
  27. 11191.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Some witnesses who appear because a department head ordered them to do so must be paid the same attendance fees and mileage as witnesses in civil cases, with certain exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. Investigations and Hearings [11180 - 11191] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11191. Each witness, other than an officer or employee of the State or of a political subdivision of the State, who appears by order of the head of a department shall receive for his attendance the same fees and all witnesses shall receive the same mileage allowed by law to a witness in civil cases. The amounts shall be paid by the party at whose request the witness is subpenaed. The mileage, and fees, if any, of a witness subpenaed by the head of a department, but not at the request of a party, shall be paid from the funds appropriated for the use of the department in the same manner as other expenses of the department are paid. (Added by Stats. 1945, Ch. 111.)
  28. 112.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Territorial Jurisdiction [110 - 127] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section says the State has accepted retrocession of jurisdiction over certain lands under specified statutes.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Territorial Jurisdiction [110 - 127] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 112. The State has accepted the retrocession of jurisdiction over certain lands by the following statutes: (a) Statutes of 1935, Chapter 828, concerning the Presidio in the City and County of San Francisco and Fort Baker in Marin County. (b) Statutes of 1941, Chapter 226, concerning the Presidio in the City and County of San Francisco. (Added by Stats. 1955, Ch. 84.)
  29. 11200.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Staff [11200 - 11201] ( Article 3 added by Stats. 1959, Ch. 1843. )

    Verify source ↗

    The Governor may appoint a limited number of chief deputies for certain state departments, but only after a department director recommends the appointment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Staff [11200 - 11201] ( Article 3 added by Stats. 1959, Ch. 1843. ) ## 11200. The Governor, upon recommendation of the director of the following state departments, may appoint not to exceed two chief deputies for the Directors of the Departments of Finance, Transportation, and General Services, and not to exceed one chief deputy for the Directors of the Departments of Employment Development, Food and Agriculture, Motor Vehicles, Consumer Affairs, Water Resources, and Parks and Recreation. The deputies provided for in this section shall be in addition to those authorized by any other law. (Amended by Stats. 1990, Ch. 1239, Sec. 1.)
  30. 11200.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Staff [11200 - 11201] ( Article 3 added by Stats. 1959, Ch. 1843. )

    Verify source ↗

    The Governor must appoint the Insurance Commissioner’s nominees as a chief deputy and a deputy director of the Department of Insurance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Staff [11200 - 11201] ( Article 3 added by Stats. 1959, Ch. 1843. ) ## 11200.1. The Governor, upon nomination by the Insurance Commissioner, shall appoint the nominees as one chief deputy, and as one deputy director of the Department of Insurance to serve at the pleasure of the Insurance Commissioner. Absent an affirmative appointment by the Governor, the nominee or nominees submitted by the Insurance Commissioner shall be deemed appointed by the Governor 30 days following their nomination by the commissioner. (Amended by Stats. 1998, Ch. 598, Sec. 1. Effective January 1, 1999.)
  31. 11200.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Staff [11200 - 11201] ( Article 3 added by Stats. 1959, Ch. 1843. )

    Verify source ↗

    The Governor may appoint one chief deputy for the Director of the Department of Industrial Relations, but only on the Director’s recommendation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Staff [11200 - 11201] ( Article 3 added by Stats. 1959, Ch. 1843. ) ## 11200.4. The Governor, upon recommendation of the Director of the Department of Industrial Relations may appoint not to exceed one chief deputy for the Director of the Department of Industrial Relations. The deputy provided for in this section shall be in addition to those which may be authorized by any other law. (Added by Stats. 1973, Ch. 993.)
  32. 11201.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Staff [11200 - 11201] ( Article 3 added by Stats. 1959, Ch. 1843. )

    Verify source ↗

    Deputies appointed under Section 11200 serve at the director’s pleasure, their salary is set by the director according to law, and the director may assign their duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 2. State Departments [11150 - 11201] ( Chapter 2 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Staff [11200 - 11201] ( Article 3 added by Stats. 1959, Ch. 1843. ) ## 11201. Each deputy appointed pursuant to Section 11200 shall serve at the pleasure of the director of the department in which he is appointed, and his salary shall be fixed by the director of that department in accordance with law. The deputy shall have such duties as may be assigned to him by the director of the department, and he shall be responsible to the director of the department for the performance of those duties. (Added by Stats. 1959, Ch. 1843.)
  33. 1125.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.7. Incompatible Activities [1125 - 1129] ( Article 4.7 added by Stats. 1971, Ch. 633. )

    Verify source ↗

    This section defines “local agency” for this article.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.7. Incompatible Activities [1125 - 1129] ( Article 4.7 added by Stats. 1971, Ch. 633. ) ## 1125. “Local agency,” as used in this article, means a county, city, city and county, political subdivision, district, or municipal corporation. (Added by Stats. 1971, Ch. 633.)
  34. 11250.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    If a General Fund-supported state agency provides services or materials to a state agency not supported by the General Fund, the receiving agency’s support fund must bear the cost.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11250. Whenever a State agency supported from the General Fund renders services or furnishes materials to a State agency not supported from the General Fund, the cost of the services or materials is a charge against the fund from which is derived the support of the State agency receiving the services or materials. (Added by Stats. 1945, Ch. 111.)
  35. 11251.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller may approve a general plan, after consulting the Department of Finance, allowing certain state agencies to make financial adjustments within their departments and with other state agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11251. The Controller, after consulting with the Department of Finance, may approve any general plan whereby any state agency which is within a department and which is supported either by a special fund or by a separate appropriation from the General Fund, may make financial adjustments with the department of which it is a part and with any other state agency within the department for services rendered, supplies used, or for a proper proportion of other expenses. A copy of the proposed plan shall be furnished to the Department of Finance before approval by the Controller; and a copy of the approved plan shall be furnished to the Department of Finance. (Amended by Stats. 1951, Ch. 222.)
  36. 11252.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    A request triggers the Controller’s duty to make the needed transfers or other entries on the Controller’s books.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11252. Such adjustments shall be made in accordance with the approved plan by filing a financial statement with the Controller, and requesting the Controller to make the necessary transfers or other entries upon his books. Upon receipt of such a request, the Controller shall make such transfers or other entries. (Amended by Stats. 1951, Ch. 222.)
  37. 11253.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    A department must help another department when there is a written request approved by the Department of General Services, if doing so will not harm its own administration and is consistent with law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11253. Upon written request approved by the Department of General Services, a department shall furnish to another department such assistance as it is able to render without detriment to its administration, including the deputizing of agents and inspectors, when consistent with law, and the temporary reassignment of employees. Any traveling or other expense incurred by an employee in the performance of his duties while he is reassigned or loaned to another department may be paid in accordance with law by the department to which he is reassigned or loaned from funds available for support of that department. (Amended by Stats. 1965, Ch. 371.)
  38. 11255.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller may set up procedures allowing some interagency and intragency payments to be made by transfer instead of by claims and warrants, and the affected agency accounts must reflect corresponding entries.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11255. The Controller may establish procedures whereby some or all of the payments between funds and appropriations within a state agency and between funds and appropriations of different state agencies may be made by transfers upon his accounts in lieu of making such payments by claims and warrants. Corresponding entries shall be made on the accounts of the agency or agencies concerned. (Amended by Stats. 1959, Ch. 451.)
  39. 11256.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    State agencies may provide services, materials, equipment, or work to other state agencies, but the arrangement is subject to approval by the Director of General Services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11256. Subject to approval of the Director of General Services, state agencies may furnish services, materials or equipment to, or perform work for, other state agencies upon such terms and conditions and for such considerations as they may determine and, subject to such approval, may enter into agreements for such purpose. The state agency furnishing or performing said work, services, materials or equipment shall include in its charges therefor such direct and indirect costs to the state in furnishing or performing said work, services, materials or equipment as may be approved by the Director of General Services, and such state agency shall compute said charges in a manner approved by the Director of Finance. The Director of General Services, upon such terms and conditions as he may prescribe, may except from his approval, or grant blanket approval for, the performance of any work, the furnishing of any services, materials or equipment, the entering into of any agreements, the computation of any charges, or the inclusion of any costs provided for herein. (Amended by Stats. 1974, Ch. 1221.)
  40. 11257.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    State agencies may advance funds for certain charges, and they must authorize those advances when the Director of General Services orders it. The State Controller must transfer the authorized or determined amounts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11257. State agencies may provide for the advancing of funds as herein provided to defray the charges mentioned in Section 11256. Any state agency may, and upon order of the Director of General Services shall, authorize such advances from any fund or appropriation available to it for payment for work, services, materials, or equipment to the fund or appropriation of the state agency which is to perform such work or render such services or furnish any materials or equipment to it, an amount equal to the estimated charges therefor or in an amount determined by the Director of General Services, and the State Controller shall transfer any amounts so authorized or determined. (Amended by Stats. 1965, Ch. 371.)
  41. 11258.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    State agencies that do work for other state agencies must provide a written cost estimate on request, and the State Controller must transfer estimated funds accordingly.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11258. Any state agency which normally, as a part of its regular operating functions, is engaged in the business of performing work for, or furnishing services, materials or equipment to, other state agencies shall, at its request, be furnished by such other state agencies with a written estimate of the amount which such state agencies expect to expend for such work, services, materials or equipment during a period designated by the state agency requesting said estimate, not exceeding one year. The State Controller from time to time shall transfer the amount so estimated by each state agency, or such portion thereof as he may determine; provided, that he shall transfer any amount ordered by the Director of General Services on the basis of such estimate or otherwise, from the fund or appropriation from which payment is expected to be made for such work, services, materials or equipment to the fund or appropriation of the state agency which is to perform such work, or render such services or furnish any materials or equipment. (Amended by Stats. 1965, Ch. 371.)
  42. 11259.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Most state agencies must deposit money received for work, services, materials, or equipment into the State Treasury, and the State Controller must credit it to the proper fund or appropriation. Money received by the Regents of the University of California is handled separately and added to University funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11259. All money received by any state agency, other than the Regents of the University of California, for charges for work, services, materials or equipment shall be deposited in the State Treasury and, except advances or transfers under Sections 11257 and 11258, credited by the State Controller to the fund or appropriation from which the cost of such work, services, materials or equipment was or will be paid. All money received by the Regents of the University of California under this article shall be added to the other funds provided for the use of the University of California and used in the same manner. (Added by Stats. 1955, Ch. 1433.)
  43. 1126.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.7. Incompatible Activities [1125 - 1129] ( Article 4.7 added by Stats. 1971, Ch. 633. )

    Verify source ↗

    Local agency officers and employees generally may not take paid outside work or activities that conflict with their official duties, except as allowed by Sections 1128 and 1129.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.7. Incompatible Activities [1125 - 1129] ( Article 4.7 added by Stats. 1971, Ch. 633. ) ## 1126. (a) Except as provided in Sections 1128 and 1129, a local agency officer or employee shall not engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties as a local agency officer or employee or with the duties, functions, or responsibilities of his or her appointing power or the agency by which he or she is employed. The officer or employee shall not perform any work, service, or counsel for compensation outside of his or her local agency employment where any part of his or her efforts will be subject to approval by any other officer, employee, board, or commission of his or her employing body, unless otherwise approved in the manner prescribed by subdivision (b). (b) Each appointing power may determine, subject to approval of the local agency, and consistent with the provisions of Section 1128 where applicable, those outside activities which, for employees under its jurisdiction, are inconsistent with, incompatible to, or in conflict with their duties as local agency officers or employees. An employee’s outside employment, activity, or enterprise may be prohibited if it: (1) involves the use for private gain or advantage of his or her local agency time, facilities, equipment and supplies; or the badge, uniform, prestige, or influence of his or her local agency office or employment or, (2) involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than his or her local agency for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course or hours of his or her local agency employment or as a part of his or her duties as a local agency officer or employee or, (3) involves the performance of an act in other than his or her capacity as a local agency officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee or the agency by which he or she is employed, or (4) involves the time demands as would render performance of his or her duties as a local agency officer or employee less efficient. (c) The local agency shall adopt rules governing the application of this section. The rules shall include provision for notice to employees of the determination of prohibited activities, of disciplinary action to be taken against employees for engaging in prohibited activities, and for appeal by employees from such a determination and from its application to an employee. Nothing in this section is intended to abridge or otherwise restrict the rights of public employees under Chapter 9.5 (commencing with Section 3201) of Title 1. (d) The application of this section to determine what outside activities of employees are inconsistent with, incompatible with, or in conflict with their duties as local agency officers or employees may not be used as part of the determination of compensation in a collective bargaining agreement with public employees. (Amended by Stats. 1996, Ch. 710, Sec. 8. Effective January 1, 1997.)
  44. 11260.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Controller must process requested transfers after the related work, services, materials, or equipment have been provided, and recipient agencies remain fully accountable to the Controller.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11260. After work is performed, services are rendered, or materials or equipment are furnished pursuant to advances or transfers made under Sections 11257 and 11258, the Controller shall process transfers from time to time as requested by the state agency that performed the work. Any agency receiving an advance or transfer under Section 11257 or 11258 shall remain fully accountable therefor to the Controller who shall audit as provided in Section 12410. (Amended by Stats. 2005, Ch. 74, Sec. 31. Effective July 19, 2005.)
  45. 11261.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Money advanced or transferred under related sections can be spent for the same period and purpose as the original appropriation, and the State Controller may transfer it back; any unspent balance must be returned when charges are finally determined.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11261. Amounts advanced or transferred in accordance with Sections 11257 and 11258 shall be available for expenditure for the same period and purpose as the appropriation from which the advance or transfer is made. All or any portion of the amounts so advanced or transferred may be returned by transfer by the State Controller to the fund or appropriation from which originally advanced or transferred under Sections 11257 and 11258; provided, that upon final determination of the charges made or to be made under this article the unexpended balance of the amount advanced or transferred shall be returned to said fund or appropriation. (Added by Stats. 1955, Ch. 1433.)
  46. 11262.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    If a state agency was overpaid, the State Controller must refund the overpayment and transfer an equal amount back to the paying fund or appropriation, when the receiving agency requests it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11262. Whenever any payment heretofore or hereafter made by a state agency for work, services, materials or equipment performed or furnished under this article or any other law by another state agency was erroneous, in excess of the amount that should have been paid or was unearned, the State Controller shall, upon request of the state agency which received such payment, refund such erroneous, excess or unearned amount by transferring an amount equal thereto from the fund or appropriation credited with the overpayment to the fund or appropriation from which said payment was made. (Added by Stats. 1955, Ch. 1433.)
  47. 11263.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    This section defines “state agency” and “state agencies” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 1. General [11250 - 11263] ( Article 1 added by Stats. 1945, Ch. 111. ) ## 11263. As used in this article, “state agency” or “state agencies” includes the Department of General Services and any and all organizational units, parts, and subdivisions of state agencies as defined in Section 11000. (Amended by Stats. 1985, Ch. 106, Sec. 48.)
  48. 1127.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.7. Incompatible Activities [1125 - 1129] ( Article 4.7 added by Stats. 1971, Ch. 633. )

    Verify source ↗

    This section says the article should not be read to stop a private business from employing an off-duty public employee for work that matches the employee’s regular or past employment, if supervisor approval and qualification certification are in place.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.7. Incompatible Activities [1125 - 1129] ( Article 4.7 added by Stats. 1971, Ch. 633. ) ## 1127. It is not the intent of this article to prevent the employment by private business of a public employee, such as a peace officer, fireman, forestry service employee, among other public employees, who is off duty to do work related to and compatible with his regular employment, or past employment, provided the person or persons to be employed have the approval of their agency supervisor and are certified as qualified by the appropriate agency. (Added by Stats. 1971, Ch. 633.)
  49. 11270.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Administrative Costs [11270 - 11275] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    This section defines “administrative costs” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Administrative Costs [11270 - 11275] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11270. As used in this article, “administrative costs” means the amounts expended by the Legislature, the Legislative Counsel Bureau, the Governor’s Office, the Department of Technology, the Office of Planning and Research, the Department of Justice, the State Controller’s Office, the State Treasurer’s Office, the State Personnel Board, the Department of Finance, the Department of Financial Information System for California, the Office of Administrative Law, the Department of Human Resources, the Secretary of California Health and Human Services, the California State Auditor’s Office, the Department of General Services, and the California State Library, and a proration of any other cost to or expense of the state for services or facilities provided for the Legislature and the above agencies, for supervision or administration of the state government or for services to other state agencies. (Amended by Stats. 2018, Ch. 37, Sec. 14. (AB 1817) Effective June 27, 2018.)
  50. 11270.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Administrative Costs [11270 - 11275] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Creates the Central Service Cost Recovery Fund and restricts how its money may be used or moved.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Administrative Costs [11270 - 11275] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11270.1. (a) The Central Service Cost Recovery Fund is hereby created in the State Treasury. The Central Service Cost Recovery Fund shall consist of those amounts transferred in accordance with Section 11274, and any interest earnings. Money in the Central Service Cost Recovery Fund shall be appropriated for the administration of the state government, as determined or redetermined by the Department of Finance in accordance with this article and Sections 13332.02 and 13332.03. (b) Unless otherwise authorized by law, moneys in the Central Service Cost Recovery Fund, to the extent not currently required to fund any appropriation, shall not be used, loaned, borrowed, assessed, allocated, or transferred unless approved by the Department of Finance, except for cashflow borrowing by the General Fund pursuant to Section 16310. The Controller shall transfer the unexpended balance of those moneys in the Central Service Cost Recovery Fund to the General Fund as determined or redetermined by the Department of Finance. (Amended by Stats. 2016, Ch. 31, Sec. 74. (SB 836) Effective June 27, 2016.)
  51. 11271.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Administrative Costs [11270 - 11275] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Department of Finance must decide which eligible funds and Department of Water Resources activities are charged administrative costs, and it may revise that decision at any time.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Administrative Costs [11270 - 11275] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11271. The Department of Finance shall determine, and may at any time redetermine, which funds, other than the General Fund and the Central Service Cost Recovery Fund, and which functions or activities of the Department of Water Resources supported by the General Fund, shall be charged a share of administrative costs as to the function supported by that fund and the amount that shall be charged against that fund as its fair share of administrative costs. The costs shall be a charge against any fund or special account in the General Fund, other than the Central Service Cost Recovery Fund, so designated by the Department of Finance. For purposes of this section, a special account or fund in the General Fund shall not be considered the General Fund. (Amended by Stats. 2008, Ch. 751, Sec. 25. Effective September 30, 2008.)
  52. 11272.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Administrative Costs [11270 - 11275] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Department of Finance may consider cost distribution and cost estimation when determining fair share, but must limit certain administrative costs to specific highway-related or enforcement-related costs. It must also account for service reductions for the California Exposition and State Fair and lower that entity’s fair share accordingly; the Fair must reimburse specified funds for its share of costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Administrative Costs [11270 - 11275] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11272. (a) In determining or redetermining the fair share, the Department of Finance may consider the factors of cost distribution and cost estimation as it deems necessary, except that, as to the proceeds of those taxes, the use of which is restricted by Article XIX of the California Constitution, the Department of Finance shall assess only those administrative costs ascertained as being necessarily incurred in connection with highway purposes as set forth in the article. As to funds collected pursuant to Section 221 of the Food and Agricultural Code, the Department of Finance shall assess only those administrative costs incurred in connection with the enforcement of the law under which the funds were derived. (b) In determining the share of costs to be borne by the California Exposition and State Fair, the Department of Finance shall take into account any reduction in the services provided to the California Exposition and State Fair as a consequence of the assumption of the various functions that the California Exposition and State Fair is authorized to assume by the act that amended this section during the 1997–98 Regular Legislative Session, and shall reduce the fair share of the California Exposition and State Fair accordingly. From its operating funds, the California Exposition and State Fair shall reimburse the Central Service Cost Recovery Fund or the General Fund, in accordance with subdivision (b) of Section 11274, for its share of costs determined pursuant to this subdivision. (Amended by Stats. 2008, Ch. 751, Sec. 26. Effective September 30, 2008.)
  53. 11274.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Administrative Costs [11270 - 11275] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Department of Finance may allocate and charge administrative costs, must certify the amount due from each state fund to the Controller, and may direct the Controller to advance funds during the year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Administrative Costs [11270 - 11275] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11274. Notwithstanding any other law, the Department of Finance may allocate and charge a fair share of the administrative costs to all funds directly. The Department of Finance shall certify to the Controller the amount determined to be the fair share of administrative costs due and payable from each state fund. The Department of Finance, at any time during the year, may direct the Controller to advance a reasonable amount for administrative costs from a fund designated in accordance with Section 11271. Upon order of the Department of Finance of the timing and the amounts to be transferred, the Controller shall transfer the amount of the administrative costs from special and nongovernmental cost funds to the Central Service Cost Recovery Fund or the General Fund. (Amended by Stats. 2016, Ch. 31, Sec. 75. (SB 836) Effective June 27, 2016.)
  54. 11275.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Administrative Costs [11270 - 11275] ( Article 2 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    If a fund does not have enough balance to pay administrative costs, the Controller must ask the Department of Finance for direction on how to make the transfer and when to do it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 2. General Administrative Costs [11270 - 11275] ( Article 2 added by Stats. 1945, Ch. 111. ) ## 11275. In the event a fund has an insufficient fund balance for the payment of the administrative costs, the Controller shall request that the Department of Finance provide direction on effecting the transfer and its timing. (Amended by Stats. 2016, Ch. 31, Sec. 76. (SB 836) Effective June 27, 2016.)
  55. 1128.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.7. Incompatible Activities [1125 - 1129] ( Article 4.7 added by Stats. 1971, Ch. 633. )

    Verify source ↗

    An attorney employed by a local agency in a nonelective position may serve on certain governmental boards or bodies without that service being treated as incompatible with the attorney’s local agency role.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.7. Incompatible Activities [1125 - 1129] ( Article 4.7 added by Stats. 1971, Ch. 633. ) ## 1128. Service on an appointed or elected governmental board, commission, committee, or other body by an attorney employed by a local agency in a nonelective position shall not, by itself, be deemed to be inconsistent, incompatible, in conflict with, or inimical to the duties of the attorney as an officer or employee of the local agency and shall not result in the automatic vacation of either such office. (Added by Stats. 1981, Ch. 391, Sec. 2.)
  56. 1129.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.7. Incompatible Activities [1125 - 1129] ( Article 4.7 added by Stats. 1971, Ch. 633. )

    Verify source ↗

    Certain local agency officers/employees, and certain people in positions with joint-powers insurance-pooling entities, may serve on the Local Agency Self-Insurance Authority board without that service alone being treated as incompatible with their other duties.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 4.7. Incompatible Activities [1125 - 1129] ( Article 4.7 added by Stats. 1971, Ch. 633. ) ## 1129. Service on the Board of Directors of the Local Agency Self-Insurance Authority by an officer or employee of a local agency, as defined by subdivision (a) of Section 6599.02, or by a person who serves in an appointed or employed position with an agency or entity created by a joint powers agreement pursuant to Section 6503.5 to provide insurance pooling, shall not, by itself, be deemed to be inconsistent, incompatible, in conflict with, or inimical to, duties of the officer or employee in either capacity. (Added by Stats. 1987, Ch. 32, Sec. 2. Effective May 29, 1987.)
  57. 11290.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Special Costs [11290 - 11293] ( Article 3 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    The Department of General Services may set and collect costs or pro rata shares from state agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Special Costs [11290 - 11293] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 11290. The Department of General Services may fix the cost or pro rata share, or in its discretion an amount it considers equivalent to the cost or pro rata share, and collect from each state agency in advance or upon any other basis that it may determine: (a) The cost of insuring motor vehicles belonging to the state agency against liability for damages resulting from the ownership or operation of motor vehicles and arising under Article 1 (commencing with Section 17000) of Chapter 1 of Division 9 of the Vehicle Code or an amount to be expended by the Department of General Services in accordance with law in paying claims under that article and for their investigation, adjustment, defense and administration. (b) Rent for the use or occupancy of space in any building owned, managed or controlled by the state and used by the state agency in carrying out its work and affairs. (c) The cost of janitor and maintenance service rendered to the state agency to enable it to carry out its work and affairs. (d) The cost of bonds covering the officers, employees and servants of the state agency, and the cost of liability, fire, and other types of insurance. (e) The cost of all other services rendered to the state agency. (Amended by Stats. 1989, Ch. 492, Sec. 1. Effective September 18, 1989.)
  58. 11291.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Special Costs [11290 - 11293] ( Article 3 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    If a state agency does not pay the charges fixed by the Department of General Services, the department may file a claim against the agency’s appropriations, and the Controller must draw the warrant on that claim.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Special Costs [11290 - 11293] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 11291. If a state agency refuses to pay the charges fixed by the Department of General Services pursuant to this article, the department may file a claim for such charges against any appropriations made for the support or maintenance of all or any part of the work and affairs of the state agency. The Controller shall draw his warrant in accordance with law upon the claim in favor of the Department of General Services. (Amended by Stats. 1965, Ch. 371.)
  59. 11292.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Special Costs [11290 - 11293] ( Article 3 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Money received under Section 11290(a) and (d) must be reported to the Controller each month and, when the Controller orders it, paid into the Treasury and credited back to the paying appropriation, unless Section 11293 says otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Special Costs [11290 - 11293] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 11292. All money received pursuant to paragraphs (a) and (d) of Section 11290, except as provided in Section 11293, shall be accounted for to the Controller at the close of each month and on order of the Controller be paid into the Treasury and credited to the appropriation from which the cost of such services was paid. (Amended by Stats. 1957, Ch. 1638.)
  60. 11293.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Special Costs [11290 - 11293] ( Article 3 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    Money received by the Department of General Services under Section 11290(b) must be deposited into the Service Revolving Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 3. Special Costs [11290 - 11293] ( Article 3 added by Stats. 1945, Ch. 111. ) ## 11293. All money received by the Department of General Services pursuant to paragraph (b) of Section 11290 shall be deposited in the Service Revolving Fund. (Amended by Stats. 1971, Ch. 992.)
  61. 113.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Territorial Jurisdiction [110 - 127] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The State Lands Commission may consent to retrocession of federal jurisdiction over land in the state if stated conditions are met.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 1. SOVEREIGNTY AND PEOPLE OF THE STATE [100 - 275.2] ( Division 1 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. Sovereignty of the State [100 - 210.6] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Territorial Jurisdiction [110 - 127] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 113. The Legislature, acting through the State Lands Commission, hereby consents to the retrocession of jurisdiction by the United States over land within this state upon and subject to each and all of the following express conditions: (a) The United States must in writing have requested state acceptance of the retrocession, and unless there is an officer of the United States empowered by a United States statute to retrocede jurisdiction, the request shall be by the act of Congress. The retrocession may return all jurisdiction to the state or may provide for concurrent jurisdiction. (b) The proposed retrocession is in the best interest of the state. (c) A notice of the proposed retrocession has been given to the clerk for the board of supervisors of each county in which the federal lands are located at least 15 days before the proposed retrocession is considered by the State Lands Commission. (d) The United States has agreed to bear all costs and expenses incurred by the State Lands Commission in making the retrocession. (e) The acceptance of the retrocession shall be made at a publicly noticed meeting of the State Lands Commission. The determination of the State Lands Commission shall be final and the retrocession of jurisdiction accepted shall become effective when certified copies of its orders or resolutions have been recorded in the office of the county recorder of each county in which any part of the land is situated. The State Lands Commission shall keep copies of its orders or resolutions and make them available to the public upon request. (Amended by Stats. 2015, Ch. 683, Sec. 35. (SB 798) Effective January 1, 2016.)
  62. 1130.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 5. Withholding Salary on Contest of Title [1130 - 1132] ( Article 5 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If an office holder’s title is contested in court, salary warrants cannot be drawn or paid until the case is finally decided.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 5. Withholding Salary on Contest of Title [1130 - 1132] ( Article 5 enacted by Stats. 1943, Ch. 134. ) ## 1130. When the title of the incumbent of any office in this State is contested by proceedings instituted in any court for that purpose, no warrant shall thereafter be drawn or paid for any part of his salary until such proceedings have been finally determined. (Enacted by Stats. 1943, Ch. 134.)
  63. 1131.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 5. Withholding Salary on Contest of Title [1130 - 1132] ( Article 5 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    When proceedings begin, the court clerk must certify the facts to the officers who would otherwise draw the warrant or pay the salary.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 5. Withholding Salary on Contest of Title [1130 - 1132] ( Article 5 enacted by Stats. 1943, Ch. 134. ) ## 1131. As soon as the proceedings are instituted, the clerk of the court in which they are pending shall certify the facts to the officers whose duty it would otherwise be to draw the warrant or pay the salary. (Enacted by Stats. 1943, Ch. 134.)
  64. 1132.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 5. Withholding Salary on Contest of Title [1130 - 1132] ( Article 5 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This article does not apply to a party in a contest or proceeding who holds the certificate of election or commission of office and is performing the office’s duties; that party must still receive the office salary.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 1. General [1000 - 1241] ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 5. Withholding Salary on Contest of Title [1130 - 1132] ( Article 5 enacted by Stats. 1943, Ch. 134. ) ## 1132. This article does not apply to any party to a contest or proceeding who holds the certificate of election or commission of office and discharges the duties of the office. No certification by the clerk need be made. Such party shall receive the salary of the office the same as if no contest or proceeding was pending. (Enacted by Stats. 1943, Ch. 134.)
  65. 11330.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Sale or Exchange of Products [11330 - 11335] ( Article 5 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    State agencies that control a state-owned or state-controlled public institution must notify the Department of General Services about products from that institution that are more than needed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Sale or Exchange of Products [11330 - 11335] ( Article 5 added by Stats. 1945, Ch. 111. ) ## 11330. Every state agency having the control of any public institution owned or controlled by the state shall notify the Department of General Services of any horticultural, agricultural, livestock, manufactures, mineral, natural or other products of the public institution in excess of its needs. (Amended by Stats. 1965, Ch. 371.)
  66. 11331.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Sale or Exchange of Products [11330 - 11335] ( Article 5 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    After receiving the notices, the Department of General Services must estimate the products’ selling price based on reasonable value and, as far as practicable, arrange their sale or exchange among state-controlled public institutions and political subdivisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Sale or Exchange of Products [11330 - 11335] ( Article 5 added by Stats. 1945, Ch. 111. ) ## 11331. Upon receipt of such notices, the Department of General Services shall estimate the selling price of the products upon the basis of their reasonable value and arrange so far as practicable for their sale or exchange between the several public institutions owned or controlled by the state and its political subdivisions. (Amended by Stats. 1965, Ch. 371.)
  67. 11332.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Sale or Exchange of Products [11330 - 11335] ( Article 5 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    A state-controlled public institution may not buy a product from outside the public-institution system if the Department of General Services determines the product is available under this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Sale or Exchange of Products [11330 - 11335] ( Article 5 added by Stats. 1945, Ch. 111. ) ## 11332. No public institution owned or controlled by the state shall purchase any product from any source other than a public institution owned or controlled by the state or one of its political subdivisions, if the Department of General Services determines that the product is available under this article. (Amended by Stats. 1965, Ch. 371.)
  68. 11333.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Sale or Exchange of Products [11330 - 11335] ( Article 5 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    If sales or exchanges between certain public institutions are impossible or impracticable, the products may be sold in any way allowed by law, except products grown by prison labor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Sale or Exchange of Products [11330 - 11335] ( Article 5 added by Stats. 1945, Ch. 111. ) ## 11333. If it is impossible or impracticable to sell or exchange agricultural or livestock products between public institutions owned or controlled by the State and its political subdivisions, the products, except those grown by prison labor, may be sold in any manner authorized by law. (Added by Stats. 1945, Ch. 111.)
  69. 11334.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Sale or Exchange of Products [11330 - 11335] ( Article 5 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    A state agency must account for and report money from product sales to the Controller every month, remit it to the Treasurer at the same time, and credit it to the current support appropriation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Sale or Exchange of Products [11330 - 11335] ( Article 5 added by Stats. 1945, Ch. 111. ) ## 11334. All money received by a state agency for the sale of products shall be accounted for and reported at the end of each month to the Controller and at the same time remitted to the Treasurer and credited to the support appropriation current at the time the proceeds were received by the agency. (Amended by Stats. 1955, Ch. 239.)
  70. 11335.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Sale or Exchange of Products [11330 - 11335] ( Article 5 added by Stats. 1945, Ch. 111. )

    Verify source ↗

    This article does not restrict sales of state personal property when another law allows them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3. Interagency Services and Transactions [11250 - 11335] ( Chapter 3 added by Stats. 1945, Ch. 111. ) ## ARTICLE 5. Sale or Exchange of Products [11330 - 11335] ( Article 5 added by Stats. 1945, Ch. 111. ) ## 11335. This article does not limit or prevent sales pursuant to any other law relating to the sale of personal property belonging to the State. (Added by Stats. 1945, Ch. 111.)
  71. 11340.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    The section says California has seen a large increase in administrative regulations, many of which are unclear, complex, costly, and burdensome, especially for small businesses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. ) ## 11340. The Legislature finds and declares as follows: (a) There has been an unprecedented growth in the number of administrative regulations in recent years. (b) The language of many regulations is frequently unclear and unnecessarily complex, even when the complicated and technical nature of the subject matter is taken into account. The language is often confusing to the persons who must comply with the regulations. (c) Substantial time and public funds have been spent in adopting regulations, the necessity for which has not been established. (d) The imposition of prescriptive standards upon private persons and entities through regulations where the establishment of performance standards could reasonably be expected to produce the same result has placed an unnecessary burden on California citizens and discouraged innovation, research, and development of improved means of achieving desirable social goals. (e) There exists no central office in state government with the power and duty to review regulations to ensure that they are written in a comprehensible manner, are authorized by statute, and are consistent with other law. (f) Correcting the problems that have been caused by the unprecedented growth of regulations in California requires the direct involvement of the Legislature as well as that of the executive branch of state government. (g) The complexity and lack of clarity in many regulations put small businesses, which do not have the resources to hire experts to assist them, at a distinct disadvantage. (Amended by Stats. 1993, Ch. 870, Sec. 1. Effective January 1, 1994.)
  72. 11340.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    This section says the Office of Administrative Law is to review adopted regulations, agencies should reduce unnecessary regulatory burden, and the online California Code of Regulations should include full authority, reference citations, and history notes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. ) ## 11340.1. (a) The Legislature therefore declares that it is in the public interest to establish an Office of Administrative Law which shall be charged with the orderly review of adopted regulations. It is the intent of the Legislature that the purpose of such review shall be to reduce the number of administrative regulations and to improve the quality of those regulations which are adopted. It is the intent of the Legislature that agencies shall actively seek to reduce the unnecessary regulatory burden on private individuals and entities by substituting performance standards for prescriptive standards wherever performance standards can be reasonably expected to be as effective and less burdensome, and that this substitution shall be considered during the course of the agency rulemaking process. It is the intent of the Legislature that neither the Office of Administrative Law nor the court should substitute its judgment for that of the rulemaking agency as expressed in the substantive content of adopted regulations. It is the intent of the Legislature that while the Office of Administrative Law will be part of the executive branch of state government, that the office work closely with, and upon request report directly to, the Legislature in order to accomplish regulatory reform in California. (b) It is the intent of the Legislature that the California Code of Regulations made available on the Internet by the office pursuant to Section 11344 include complete authority and reference citations and history notes. (Amended by Stats. 1996, Ch. 501, Sec. 1. Effective January 1, 1997.)
  73. 11340.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    The Office of Administrative Law is established in state government, led by a director and also a deputy director.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. ) ## 11340.2. (a) The Office of Administrative Law is hereby established in state government in the Government Operations Agency. The office shall be under the direction and control of an executive officer who shall be known as the director. There shall also be a deputy director. The director’s term and the deputy director’s term of office shall be coterminous with that of the appointing power, except that they shall be subject to reappointment. (b) The director and deputy director shall have the same qualifications as a hearing officer and shall be appointed by the Governor subject to the confirmation of the Senate. (Amended by Stats. 2013, Ch. 352, Sec. 235. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  74. 11340.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    The director may hire certain office staff and set their compensation, as allowed by law, when needed for the office’s work.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. ) ## 11340.3. The director may employ and fix the compensation, in accordance with law, of such professional assistants and clerical and other employees as is deemed necessary for the effective conduct of the work of the office. (Added by Stats. 1979, Ch. 567.)
  75. 11340.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    The office must study administrative rulemaking, submit suggestions to agencies, and report recommendations to the Governor and Legislature. State agencies must give the office access to records, information, and reasonable assistance, except for records kept confidential by statute.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. ) ## 11340.4. (a) The office is authorized and directed to do the following: (1) Study the subject of administrative rulemaking in all its aspects. (2) In the interest of fairness, uniformity, and the expedition of business, submit its suggestions to the various agencies. (3) Report its recommendations to the Governor and Legislature at the commencement of each general session. (b) All agencies of the state shall give the office ready access to their records and full information and reasonable assistance in any matter of research requiring recourse to them or to data within their knowledge or control. Nothing in this subdivision authorizes an agency to provide access to records required by statute to be kept confidential. (Added by Stats. 1995, Ch. 938, Sec. 14. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  76. 11340.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. )

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    State agencies may not enforce covered agency rules unless they have been adopted as regulations and filed with the Secretary of State.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. ) ## 11340.5. (a) No state agency shall issue, utilize, enforce, or attempt to enforce any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, which is a regulation as defined in Section 11342.600, unless the guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule has been adopted as a regulation and filed with the Secretary of State pursuant to this chapter. (b) If the office is notified of, or on its own, learns of the issuance, enforcement of, or use of, an agency guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule that has not been adopted as a regulation and filed with the Secretary of State pursuant to this chapter, the office may issue a determination as to whether the guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, is a regulation as defined in Section 11342.600. (c) The office shall do all of the following: (1) File its determination upon issuance with the Secretary of State. (2) Make its determination known to the agency, the Governor, and the Legislature. (3) Publish its determination in the California Regulatory Notice Register within 15 days of the date of issuance. (4) Make its determination available to the public and the courts. (d) Any interested person may obtain judicial review of a given determination by filing a written petition requesting that the determination of the office be modified or set aside. A petition shall be filed with the court within 30 days of the date the determination is published. (e) A determination issued by the office pursuant to this section shall not be considered by a court, or by an administrative agency in an adjudicatory proceeding if all of the following occurs: (1) The court or administrative agency proceeding involves the party that sought the determination from the office. (2) The proceeding began prior to the party’s request for the office’s determination. (3) At issue in the proceeding is the question of whether the guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule that is the legal basis for the adjudicatory action is a regulation as defined in Section 11342.600. (Amended by Stats. 2000, Ch. 1060, Sec. 3. Effective January 1, 2001.)
  77. 11340.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. )

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    An interested person may petition a state agency to adopt, amend, or repeal a regulation, unless a statute restricts that right or prescribes a different procedure.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. ) ## 11340.6. Except where the right to petition for adoption of a regulation is restricted by statute to a designated group or where the form of procedure for such a petition is otherwise prescribed by statute, any interested person may petition a state agency requesting the adoption, amendment, or repeal of a regulation as provided in Article 5 (commencing with Section 11346). This petition shall state the following clearly and concisely: (a) The substance or nature of the regulation, amendment, or repeal requested. (b) The reason for the request. (c) Reference to the authority of the state agency to take the action requested. (Added by Stats. 1994, Ch. 1039, Sec. 5. Effective January 1, 1995.)
  78. 11340.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    A state agency must acknowledge a petition in writing, decide it within 30 days by denying it or scheduling a public hearing, and later issue and transmit any decision in writing; interested persons may seek reconsideration within 60 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. ) ## 11340.7. (a) Upon receipt of a petition requesting the adoption, amendment, or repeal of a regulation pursuant to Article 5 (commencing with Section 11346), a state agency shall notify the petitioner in writing of the receipt and shall within 30 days deny the petition indicating why the agency has reached its decision on the merits of the petition in writing or schedule the matter for public hearing in accordance with the notice and hearing requirements of that article. (b) A state agency may grant or deny the petition in part, and may grant any other relief or take any other action as it may determine to be warranted by the petition and shall notify the petitioner in writing of this action. (c) Any interested person may request a reconsideration of any part or all of a decision of any agency on any petition submitted. The request shall be submitted in accordance with Section 11340.6 and include the reason or reasons why an agency should reconsider its previous decision no later than 60 days after the date of the decision involved. The agency’s reconsideration of any matter relating to a petition shall be subject to subdivision (a). (d) Any decision of a state agency denying in whole or in part or granting in whole or in part a petition requesting the adoption, amendment, or repeal of a regulation pursuant to Article 5 (commencing with Section 11346) shall be in writing and shall be transmitted to the Office of Administrative Law for publication in the California Regulatory Notice Register at the earliest practicable date. The decision shall identify the agency, the party submitting the petition, the provisions of the California Code of Regulations requested to be affected, reference to authority to take the action requested, the reasons supporting the agency determination, an agency contact person, and the right of interested persons to obtain a copy of the petition from the agency. (Added by Stats. 1994, Ch. 1039, Sec. 6. Effective January 1, 1995.)
  79. 11340.85.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    Agencies may use electronic communication for certain regulatory documents and notices, but cannot make it the only method or require it in all cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. ) ## 11340.85. (a) As used in this section, “electronic communication” includes electronic transmission of written or graphical material by electronic mail, facsimile, or other means, but does not include voice communication. (b) Notwithstanding any other provision of this chapter that refers to mailing or sending, or to oral or written communication: (1) An agency may permit and encourage use of electronic communication, but may not require use of electronic communication. (2) An agency may publish or distribute a document required by this chapter or by a regulation implementing this chapter by means of electronic communication, but shall not make that the exclusive means by which the document is published or distributed. (3) A notice required or authorized by this chapter or by a regulation implementing this chapter may be delivered to a person by means of electronic communication if the person has expressly indicated a willingness to receive the notice by means of electronic communication. (4) A comment regarding a regulation may be delivered to an agency by means of electronic communication. (5) A petition regarding a regulation may be delivered to an agency by means of electronic communication if the agency has expressly indicated a willingness to receive a petition by means of electronic communication. (c) An agency that maintains an Internet Web site or other similar forum for the electronic publication or distribution of written material shall publish on that Web site or other forum information regarding a proposed regulation or regulatory repeal or amendment, that includes, but is not limited to, the following: (1) Any public notice required by this chapter or by a regulation implementing this chapter. (2) The initial statement of reasons prepared pursuant to subdivision (b) of Section 11346.2. (3) The final statement of reasons prepared pursuant to subdivision (a) of Section 11346.9. (4) Notice of a decision not to proceed prepared pursuant to Section 11347. (5) The text of a proposed action or instructions on how to obtain a copy of the text. (6) A statement of any decision made by the office regarding a proposed action. (7) The date a rulemaking action is filed with the Secretary of State. (8) The effective date of a rulemaking action. (9) A statement to the effect that a business or person submitting a comment regarding a proposed action has the right to request a copy of the final statement of reasons. (10) The text of a proposed emergency adoption, amendment, or repeal of a regulation pursuant to Section 11346.1 and the date it was submitted to the office for review and filing. (d) A document that is required to be posted pursuant to subdivision (c) shall be posted within a reasonable time after issuance of the document, and shall remain posted until at least 15 days after (1) the rulemaking action is filed with the Secretary of State, or (2) notice of a decision not to proceed is published pursuant to Section 11347. Publication under subdivision (c) supplements any other required form of publication or distribution. Failure to comply with this section is not grounds for disapproval of a proposed regulation. Subdivision (c) does not require an agency to establish or maintain a Web site or other forum for the electronic publication or distribution of written material. (e) Nothing in this section precludes the office from requiring that the material submitted to the office for publication in the California Code of Regulations or the California Regulatory Notice Register be submitted in electronic form. (f) This section is intended to make the regulatory process more user-friendly and to improve communication between interested parties and the regulatory agencies. (Amended by Stats. 2006, Ch. 713, Sec. 1. Effective January 1, 2007.)
  80. 11340.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    This chapter does not apply to several listed kinds of agencies, rulings, forms, internal-management regulations, confidential guidance, legally required interpretations, rate-setting rules, certain public-works rules, or regulations aimed at named persons or non-statewide groups.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. ) ## 11340.9. This chapter does not apply to any of the following: (a) An agency in the judicial or legislative branch of the state government. (b) A legal ruling of counsel issued by the Franchise Tax Board, State Board of Equalization, or the California Department of Tax and Fee Administration. (c) A form prescribed by a state agency or any instructions relating to the use of the form, but this provision is not a limitation on any requirement that a regulation be adopted pursuant to this chapter when one is needed to implement the law under which the form is issued. (d) A regulation that relates only to the internal management of the state agency. (e) A regulation that establishes criteria or guidelines to be used by the staff of an agency in performing an audit, investigation, examination, or inspection, settling a commercial dispute, negotiating a commercial arrangement, or in the defense, prosecution, or settlement of a case, if disclosure of the criteria or guidelines would do any of the following: (1) Enable a law violator to avoid detection. (2) Facilitate disregard of requirements imposed by law. (3) Give clearly improper advantage to a person who is in an adverse position to the state. (f) A regulation that embodies the only legally tenable interpretation of a provision of law. (g) A regulation that establishes or fixes rates, prices, or tariffs. (h) A regulation that relates to the use of public works, including streets and highways, when the effect of the regulation is indicated to the public by means of signs or signals or when the regulation determines uniform standards and specifications for official traffic control devices pursuant to Section 21400 of the Vehicle Code. (i) A regulation that is directed to a specifically named person or to a group of persons and does not apply generally throughout the state. (Amended by Stats. 2024, Ch. 34, Sec. 1. (SB 167) Effective June 27, 2024.)
  81. 11341.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. )

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    The office must set up a unique identification number system for each regulatory action, and the office and the state agency must use that number when referring to a published regulatory action.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. ) ## 11341. (a) The office shall establish a system to give a unique identification number to each regulatory action. (b) The office and the state agency taking the regulatory action shall use the identification number given by the office pursuant to subdivision (a) to refer to the regulatory action for which a notice has already been published in the California Regulatory Notice Register. (c) The identification number shall be sufficient information for a member of the public to identify and track a regulatory action both with the office and the state agency taking the regulatory action. No other information pertaining to the regulatory action shall be required of a member of the public if the identification number of the regulatory action has been provided. (Added by Stats. 2000, Ch. 1059, Sec. 5. Effective January 1, 2001.)
  82. 11342.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    State agencies may not use this chapter to expand their authority to adopt, administer, or enforce regulations, except as Section 11342.4 allows.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. ) ## 11342.1. Except as provided in Section 11342.4, nothing in this chapter confers authority upon or augments the authority of any state agency to adopt, administer, or enforce any regulation. Each regulation adopted, to be effective, shall be within the scope of authority conferred and in accordance with standards prescribed by other provisions of law. (Amended by Stats. 1987, Ch. 1375, Sec. 2.)
  83. 11342.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    A state agency may adopt regulations only when authorized by statute, and the regulations must stay consistent with the statute and be reasonably necessary to carry out its purpose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. ) ## 11342.2. Whenever by the express or implied terms of any statute a state agency has authority to adopt regulations to implement, interpret, make specific or otherwise carry out the provisions of the statute, no regulation adopted is valid or effective unless consistent and not in conflict with the statute and reasonably necessary to effectuate the purpose of the statute. (Added by Stats. 1979, Ch. 567.)
  84. 11342.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    The office must adopt, amend, or repeal regulations to carry out this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 1. General [11340 - 11342.4] ( Article 1 added by Stats. 1979, Ch. 567. ) ## 11342.4. The office shall adopt, amend, or repeal regulations for the purpose of carrying out the provisions of this chapter. (Added by renumbering Section 11344.6 by Stats. 1983, Ch. 797, Sec. 12.)
  85. 11342.510.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. )

    Verify source ↗

    The article’s definitions apply to this chapter unless the provision or context requires otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. ) ## 11342.510. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 2000, Ch. 1060, Sec. 8. Effective January 1, 2001.)
  86. 11342.520.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. )

    Verify source ↗

    “Agency” means state agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. ) ## 11342.520. “Agency” means state agency. (Added by Stats. 2000, Ch. 1060, Sec. 8. Effective January 1, 2001.)
  87. 11342.530.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. )

    Verify source ↗

    “Building standard” means the same thing as in Section 18909 of the Health and Safety Code.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. ) ## 11342.530. “Building standard” has the same meaning provided in Section 18909 of the Health and Safety Code. (Added by Stats. 2000, Ch. 1060, Sec. 8. Effective January 1, 2001.)
  88. 11342.535.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. )

    Verify source ↗

    “Cost impact” means the direct costs a representative private person or business necessarily incurs to reasonably comply with the proposed action, or a description of those costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. ) ## 11342.535. “Cost impact” means the amount of reasonable range of direct costs, or a description of the type and extent of direct costs, that a representative private person or business necessarily incurs in reasonable compliance with the proposed action. (Added by Stats. 2000, Ch. 1059, Sec. 6.5. Effective January 1, 2001.)
  89. 11342.540.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. )

    Verify source ↗

    This section defines “Director” as the director of the office.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. ) ## 11342.540. “Director” means the director of the office. (Added by Stats. 2000, Ch. 1060, Sec. 8. Effective January 1, 2001.)
  90. 11342.545.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. )

    Verify source ↗

    This section defines “emergency” as a situation requiring immediate action to prevent serious harm to the public peace, health, safety, or general welfare.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. ) ## 11342.545. “Emergency” means a situation that calls for immediate action to avoid serious harm to the public peace, health, safety, or general welfare. (Added by Stats. 2006, Ch. 713, Sec. 2. Effective January 1, 2007.)
  91. 11342.548.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. )

    Verify source ↗

    A “major regulation” is a proposed adoption, amendment, or repeal of a regulation with an estimated economic impact over $50 million on California businesses and individuals, if it is subject to Office of Administrative Law review.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. ) ## 11342.548. “Major regulation” means any proposed adoption, amendment, or repeal of a regulation subject to review by the Office of Administrative Law pursuant to Article 6 (commencing with Section 11349) that will have an economic impact on California business enterprises and individuals in an amount exceeding fifty million dollars ($50,000,000), as estimated by the agency. (Added by Stats. 2011, Ch. 496, Sec. 1. (SB 617) Effective January 1, 2012.)
  92. 11342.550.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. )

    Verify source ↗

    This section defines “Office” as the Office of Administrative Law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. ) ## 11342.550. “Office” means the Office of Administrative Law. (Added by Stats. 2000, Ch. 1060, Sec. 8. Effective January 1, 2001.)
  93. 11342.560.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. )

    Verify source ↗

    “Order of repeal” means a state agency act that expressly repeals a regulation, in whole or in part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. ) ## 11342.560. “Order of repeal” means any resolution, order, or other official act of a state agency that expressly repeals a regulation in whole or in part. (Added by Stats. 2000, Ch. 1060, Sec. 8. Effective January 1, 2001.)
  94. 11342.570.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. )

    Verify source ↗

    “Performance standard” means a regulation that describes an objective with stated criteria for achieving it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. ) ## 11342.570. “Performance standard” means a regulation that describes an objective with the criteria stated for achieving the objective. (Added by Stats. 2000, Ch. 1060, Sec. 8. Effective January 1, 2001.)
  95. 11342.580.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. )

    Verify source ↗

    “Plain English” means language that meets the clarity standard in Section 11349.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. ) ## 11342.580. “Plain English” means language that satisfies the standard of clarity provided in Section 11349. (Added by Stats. 2000, Ch. 1060, Sec. 8. Effective January 1, 2001.)
  96. 11342.590.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. )

    Verify source ↗

    This section defines “prescriptive standard” as a regulation that sets the sole way to comply with a performance standard.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. ) ## 11342.590. “Prescriptive standard” means a regulation that specifies the sole means of compliance with a performance standard by specific actions, measurements, or other quantifiable means. (Added by Stats. 2000, Ch. 1060, Sec. 8. Effective January 1, 2001.)
  97. 11342.595.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. )

    Verify source ↗

    “Proposed action” means a regulatory action whose notice is submitted for publication in the California Regulatory Notice Register.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. ) ## 11342.595. “Proposed action” means the regulatory action, notice of which is submitted to the office for publication in the California Regulatory Notice Register. (Amended by Stats. 2001, Ch. 59, Sec. 3. Effective January 1, 2002.)
  98. 11342.600.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. )

    Verify source ↗

    This section defines “regulation” for the Government Code.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. ) ## 11342.600. “Regulation” means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by any state agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure. (Added by Stats. 2000, Ch. 1060, Sec. 8. Effective January 1, 2001.)
  99. 11342.610.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. )

    Verify source ↗

    This section defines when a business counts as a “small business” and lists many excluded industries and size thresholds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 2. Definitions [11342.510 - 11342.610] ( Article 2 added by Stats. 2000, Ch. 1060, Sec. 8. ) ## 11342.610. (a) “Small business” means a business activity in agriculture, general construction, special trade construction, retail trade, wholesale trade, services, transportation and warehousing, manufacturing, generation and transmission of electric power, or a health care facility, unless excluded in subdivision (b), that is both of the following: (1) Independently owned and operated. (2) Not dominant in its field of operation. (b) “Small business” does not include the following professional and business activities: (1) A financial institution including a bank, a trust, a savings and loan association, a thrift institution, a consumer finance company, a commercial finance company, an industrial finance company, a credit union, a mortgage and investment banker, a securities broker-dealer, or an investment adviser. (2) An insurance company, either stock or mutual. (3) A mineral, oil, or gas broker. (4) A subdivider or developer. (5) A landscape architect, an architect, or a building designer. (6) An entity organized as a nonprofit institution. (7) An entertainment activity or production, including a motion picture, a stage performance, a television or radio station, or a production company. (8) A utility, a water company, or a power transmission company generating and transmitting more than 4.5 million kilowatt hours annually. (9) A petroleum producer, a natural gas producer, a refiner, or a pipeline. (10) A manufacturing enterprise exceeding 250 employees. (11) A health care facility exceeding 150 beds or one million five hundred thousand dollars ($1,500,000) in annual gross receipts. (c) “Small business” does not include the following business activities: (1) Agriculture, where the annual gross receipts exceed one million dollars ($1,000,000). (2) General construction, where the annual gross receipts exceed nine million five hundred thousand dollars ($9,500,000). (3) Special trade construction, where the annual gross receipts exceed five million dollars ($5,000,000). (4) Retail trade, where the annual gross receipts exceed two million dollars ($2,000,000). (5) Wholesale trade, where the annual gross receipts exceed nine million five hundred thousand dollars ($9,500,000). (6) Services, where the annual gross receipts exceed two million dollars ($2,000,000). (7) Transportation and warehousing, where the annual gross receipts exceed one million five hundred thousand dollars ($1,500,000). (Added by Stats. 2000, Ch. 1060, Sec. 8. Effective January 1, 2001.)
  100. 11343.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 3. Filing and Publication [11343 - 11343.8] ( Article 3 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    State agencies must file certified copies of adopted, amended, and repeal orders for regulations, and must post most filed regulations on their website and send the link to the office within set deadlines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 3. Filing and Publication [11343 - 11343.8] ( Article 3 added by Stats. 1979, Ch. 567. ) ## 11343. Every state agency shall: (a) Transmit to the office for filing with the Secretary of State a certified copy of every regulation adopted or amended by it except one that is a building standard. (b) Transmit to the office for filing with the Secretary of State a certified copy of every order of repeal of a regulation required to be filed under subdivision (a). (c) (1) Within 15 days of the office filing a state agency’s regulation with the Secretary of State, post the regulation on its internet website in an easily marked and identifiable location. The state agency shall keep the regulation on its internet website for at least six months from the date the regulation is filed with the Secretary of State. (2) Within five days of posting, the state agency shall send to the office the internet website link of each regulation that the agency posts on its internet website pursuant to paragraph (1). (3) This subdivision shall not apply to a state agency that does not maintain an internet website. (d) Deliver to the office, at the time of transmittal for filing a regulation or order of repeal, a citation of the authority pursuant to which it or any part thereof was adopted. (e) Deliver to the office a copy of the notice of proposed action required by Section 11346.4. (f) Transmit to the California Building Standards Commission for approval a certified copy of every regulation, or order of repeal of a regulation, that is a building standard, together with a citation of authority pursuant to which it or any part thereof was adopted, a copy of the notice of proposed action required by Section 11346.4, and any other records prescribed by the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code). (g) Whenever a certification is required by this section, it shall be made by the head of the state agency that is adopting, amending, or repealing the regulation, or by a designee of the agency head, and the certification and delegation shall be in writing. (Amended by Stats. 2022, Ch. 48, Sec. 22. (SB 189) Effective June 30, 2022.)
  101. 11343.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 3. Filing and Publication [11343 - 11343.8] ( Article 3 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    Regulations sent for filing must follow the Office of Administrative Law’s style rules, and approved regulations must carry the office’s endorsement on the certified copy filed with the Secretary of State.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 3. Filing and Publication [11343 - 11343.8] ( Article 3 added by Stats. 1979, Ch. 567. ) ## 11343.1. (a) All regulations transmitted to the Office of Administrative Law for filing with the Secretary of State shall conform to the style prescribed by the office. (b) Regulations approved by the office shall bear an endorsement by the office affixed to the certified copy which is filed with the Secretary of State. (Amended by Stats. 1994, Ch. 1039, Sec. 12. Effective January 1, 1995.)
  102. 11343.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 3. Filing and Publication [11343 - 11343.8] ( Article 3 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    The Secretary of State must note the filing date and time on certified copies of regulations or orders of repeal, keep them on permanent file, and make them available for public inspection. State officers and public officials may not charge a fee for official acts tied to certification or filing of regulations under this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 3. Filing and Publication [11343 - 11343.8] ( Article 3 added by Stats. 1979, Ch. 567. ) ## 11343.2. The Secretary of State shall endorse on the certified copy of each regulation or order of repeal filed with or delivered to him or her, the time and date of filing and shall maintain a permanent file of the certified copies of regulations and orders of repeal for public inspection. No fee shall be charged by any state officer or public official for the performance of any official act in connection with the certification or filing of regulations pursuant to this article. (Repealed and added by Stats. 1994, Ch. 1039, Sec. 14. Effective January 1, 1995.)
  103. 11343.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 3. Filing and Publication [11343 - 11343.8] ( Article 3 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    State agencies that must issue administrative regulations must consider vehicle weight impacts and whether vehicle manufacturers or operators can comply with weight-limit laws.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 3. Filing and Publication [11343 - 11343.8] ( Article 3 added by Stats. 1979, Ch. 567. ) ## 11343.3. Notwithstanding any other law, a state agency that is required to promulgate administrative regulations, including, but not limited to, the State Air Resources Board, the California Environmental Protection Agency, the State Energy Resources Conservation and Development Commission, and the Department of Motor Vehicles, shall take into account vehicle weight impacts and the ability of vehicle manufacturers or vehicle operators to comply with laws limiting the weight of vehicles. (Added by Stats. 2012, Ch. 771, Sec. 2. (AB 1706) Effective January 1, 2013.)
  104. 11343.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 3. Filing and Publication [11343 - 11343.8] ( Article 3 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    Regulations and repeal orders filed with the Secretary of State generally take effect on a quarterly schedule, unless a listed exception applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 3. Filing and Publication [11343 - 11343.8] ( Article 3 added by Stats. 1979, Ch. 567. ) ## 11343.4. (a) Except as otherwise provided in subdivision (b), a regulation or an order of repeal required to be filed with the Secretary of State shall become effective on a quarterly basis as follows: (1) January 1 if the regulation or order of repeal is filed on September 1 to November 30, inclusive. (2) April 1 if the regulation or order of repeal is filed on December 1 to February 29, inclusive. (3) July 1 if the regulation or order of repeal is filed on March 1 to May 31, inclusive. (4) October 1 if the regulation or order of repeal is filed on June 1 to August 31, inclusive. (b) The effective dates in subdivision (a) shall not apply in all of the following: (1) The effective date is specifically provided by the statute pursuant to which the regulation or order of repeal was adopted, in which event it becomes effective on the day prescribed by the statute. (2) A later date is prescribed by the state agency in a written instrument filed with, or as part of, the regulation or order of repeal. (3) The agency makes a written request to the office demonstrating good cause for an earlier effective date, in which case the office may prescribe an earlier date. (4) (A) A regulation adopted by the Fish and Game Commission that is governed by Article 2 (commencing with Section 250) of Chapter 2 of Division 1 of the Fish and Game Code. (B) A regulation adopted by the Fish and Game Commission that requires a different effective date in order to conform to a federal regulation. (Amended by Stats. 2016, Ch. 546, Sec. 26. (SB 1473) Effective January 1, 2017.)
  105. 11343.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 3. Filing and Publication [11343 - 11343.8] ( Article 3 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    The office must file one copy of each relevant regulations issue or supplement with county filing offices within 10 days after receiving printed copies from the State Printing Office.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 3. Filing and Publication [11343 - 11343.8] ( Article 3 added by Stats. 1979, Ch. 567. ) ## 11343.5. Within 10 days from the receipt of printed copies of the California Code of Regulations or of the California Code of Regulations Supplement from the State Printing Office, the office shall file one copy of the particular issue of the code or supplement in the office of the county clerk of each county in this state, or if the authority to accept filings on his or her behalf has been delegated by the county clerk of any county pursuant to Section 26803.5, in the office of the person to whom that authority has been delegated. (Amended by Stats. 2000, Ch. 1060, Sec. 11. Effective January 1, 2001.)
  106. 11343.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 3. Filing and Publication [11343 - 11343.8] ( Article 3 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    If a certified copy of a regulation or order of repeal is filed with the Secretary of State, certain rebuttable presumptions apply, and courts must take judicial notice of its contents.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 3. Filing and Publication [11343 - 11343.8] ( Article 3 added by Stats. 1979, Ch. 567. ) ## 11343.6. The filing of a certified copy of a regulation or an order of repeal with the Secretary of State raises the rebuttable presumptions that: (a) It was duly adopted. (b) It was duly filed and made available for public inspection at the day and hour endorsed on it. (c) All requirements of this chapter and the regulations of the office relative to such regulation have been complied with. (d) The text of the certified copy of a regulation or order of repeal is the text of the regulation or order of repeal as adopted. The courts shall take judicial notice of the contents of the certified copy of each regulation and of each order of repeal duly filed. (Added by renumbering Section 11343.7 by Stats. 1981, Ch. 865, Sec. 10.)
  107. 11343.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 3. Filing and Publication [11343 - 11343.8] ( Article 3 added by Stats. 1979, Ch. 567. )

    Verify source ↗

    On request by a state agency, the office may file or publish certain regulations or repeal orders.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 3. Filing and Publication [11343 - 11343.8] ( Article 3 added by Stats. 1979, Ch. 567. ) ## 11343.8. Upon the request of a state agency, the office may file with the Secretary of State and the office may publish in such manner as it believes proper, any regulation or order of repeal of a regulation not required by this article to be filed with the Secretary of State. (Added by renumbering Section 11343.9 by Stats. 1981, Ch. 865, Sec. 12.)
  108. 11344.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. )

    Verify source ↗

    The office must compile, print, publish, and maintain access to California regulations, including free Internet access to the full text and weekly updates.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. ) ## 11344. The office shall do all of the following: (a) Provide for the official compilation, printing, and publication of adoption, amendment, or repeal of regulations, which shall be known as the California Code of Regulations. On and after July 1, 1998, the office shall make available on the Internet, free of charge, the full text of the California Code of Regulations, and may contract with another state agency or a private entity in order to provide this service. (b) Make available on its Internet Web site a list of, and a link to the full text of, each regulation filed with the Secretary of State that is pending effectiveness pursuant to Section 11343.4. (c) Provide for the compilation, printing, and publication of weekly updates of the California Code of Regulations. This publication shall be known as the California Code of Regulations Supplement and shall contain amendments to the code. (d) Provide for the publication dates and manner and form in which regulations shall be printed and distributed and ensure that regulations are available in printed form at the earliest practicable date after filing with the Secretary of State. (e) Ensure that each regulation is printed together with a reference to the statutory authority pursuant to which it was enacted and the specific statute or other provision of law which the regulation is implementing, interpreting, or making specific. (Amended by Stats. 2012, Ch. 295, Sec. 3. (SB 1099) Effective January 1, 2013.)
  109. 11344.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. )

    Verify source ↗

    The office must publish and maintain the California Regulatory Notice Register, set its publication schedule and format, distribute it to legislative recipients and subscribers, and post the Register and related regulation links on its website.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. ) ## 11344.1. The office shall do all of the following: (a) Provide for the publication of the California Regulatory Notice Register, which shall be an official publication of the State of California and which shall contain the following: (1) Notices of proposed action prepared by regulatory agencies, subject to the notice requirements of this chapter, and which have been approved by the office. (2) A summary of all regulations filed with the Secretary of State in the previous week. (3) Summaries of all regulation decisions issued in the previous week detailing the reasons for disapproval of a regulation, the reasons for not filing an emergency regulation, and the reasons for repealing an emergency regulation. The California Regulatory Notice Register shall also include a quarterly index of regulation decisions. (4) Material that is required to be published under Sections 11349.5, 11349.7, and 11349.9. (5) Determinations issued pursuant to Section 11340.5. (b) Establish the publication dates and manner and form in which the California Regulatory Notice Register shall be prepared and published and ensure that it is published and distributed in a timely manner to the presiding officer and rules committee of each house of the Legislature and to all subscribers. (c) Post on its website, on a weekly basis: (1) The California Regulatory Notice Register. Each issue of the California Regulatory Notice Register on the office’s website shall remain posted for a minimum of 18 months. (2) One or more Internet links to assist the public to gain access to the text of regulations proposed by state agencies. (Amended by Stats. 2000, Ch. 1060, Sec. 14.5. Effective January 1, 2001.)
  110. 11344.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. )

    Verify source ↗

    The office must supply a complete set of the California Code of Regulations and Supplement to a county clerk or delegatee if the director makes two specified determinations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. ) ## 11344.2. The office shall supply a complete set of the California Code of Regulations, and of the California Code of Regulations Supplement to the county clerk of any county or to the delegatee of the county clerk pursuant to Section 26803.5, provided the director makes the following two determinations: (a) The county clerk or the delegatee of the county clerk pursuant to Section 26803.5 is maintaining the code and supplement in complete and current condition in a place and at times convenient to the public. (b) The California Code of Regulations and California Code of Regulations Supplement are not otherwise reasonably available to the public in the community where the county clerk or the delegatee of the county clerk pursuant to Section 26803.5 would normally maintain the code and supplements by distribution to libraries pursuant to Article 6 (commencing with Section 14900) of Chapter 7 of Part 5.5. (Amended by Stats. 2000, Ch. 1060, Sec. 15. Effective January 1, 2001.)
  111. 11344.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. )

    Verify source ↗

    Documents required by this chapter to be published in the California Regulatory Notice Register must be published in the first edition after the document date, except notices of proposed rulemaking action.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. ) ## 11344.3. Every document, other than a notice of proposed rulemaking action, required to be published in the California Regulatory Notice Register by this chapter, shall be published in the first edition of the California Regulatory Notice Register following the date of the document. (Added by renumbering Section 11349.9 by Stats. 1987, Ch. 1375, Sec. 23.)
  112. 11344.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. )

    Verify source ↗

    The listed California publications must be sold at prices that cover state costs, and sale proceeds must be deposited into the treasury and credited to the General Fund, with a cost-recovery exception.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. ) ## 11344.4. (a) The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register shall be sold at prices which will reimburse the state for all costs incurred for printing, publication, and distribution. (b) All money received by the state from the sale of the publications listed in subdivision (a) shall be deposited in the treasury and credited to the General Fund, except that, where applicable, an amount necessary to cover the printing, publication, and distribution costs shall be credited to the fund from which the costs have been paid. (Amended by Stats. 2000, Ch. 1060, Sec. 16. Effective January 1, 2001.)
  113. 11344.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. )

    Verify source ↗

    Courts must take judicial notice of certain regulations and of the repeal of regulations when published as specified.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. ) ## 11344.6. The publication of a regulation in the California Code of Regulations or California Code of Regulations Supplement raises a rebuttable presumption that the text of the regulation as so published is the text of the regulation adopted. The courts shall take judicial notice of the contents of each regulation which is printed or which is incorporated by appropriate reference into the California Code of Regulations as compiled by the office. The courts shall also take judicial notice of the repeal of a regulation as published in the California Code of Regulations Supplement compiled by the office. (Amended by Stats. 2000, Ch. 1060, Sec. 17. Effective January 1, 2001.)
  114. 11344.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. )

    Verify source ↗

    This section allows people and state agencies to buy and print special editions of certain California regulation publications, and lets them distribute them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. ) ## 11344.7. Nothing in this chapter precludes any person or state agency from purchasing copies of the California Code of Regulations, the California Code of Regulations Supplement, or the California Regulatory Notice Register or of any unit of either, nor from printing special editions of any such units and distributing the same. However, where the purchase and printing is by a state agency, the state agency shall do so at the cost or at less than the cost to the agency if it is authorized to do so by other provisions of law. (Amended by Stats. 2000, Ch. 1060, Sec. 18. Effective January 1, 2001.)
  115. 11344.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. )

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    This section defines several older California regulatory terms as the modern terms they mean.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. ) ## 11344.9. (a) Whenever the term “California Administrative Code” appears in law, official legal paper, or legal publication, it means the “California Code of Regulations.” (b) Whenever the term “California Administrative Notice Register” appears in any law, official legal paper, or legal publication, it means the “California Regulatory Notice Register.” (c) Whenever the term “California Administrative Code Supplement” or “California Regulatory Code Supplement” appears in any law, official legal paper, or legal publication, it means the “California Code of Regulations Supplement.” (Amended by Stats. 2000, Ch. 1060, Sec. 19. Effective January 1, 2001.)
  116. 11345.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. )

    Verify source ↗

    The office does not have to create a unique identification number system for each regulatory action or post the California Regulatory Notice Register on its website until January 1, 2002.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register [11344 - 11345] ( Heading of Article 4 amended by Stats. 2000, Ch. 1060, Sec. 12. ) ## 11345. The office is not required to develop a unique identification number system for each regulatory action pursuant to Section 11341 or to make the California Regulatory Notice Register available on its website pursuant to subdivision (c) of Section 11344.1 until January 1, 2002. (Added by Stats. 2000, Ch. 1059, Sec. 8. Effective January 1, 2001.)
  117. 11346.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. )

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    This section says the chapter sets minimum procedural requirements for adopting, amending, or repealing administrative regulations, and an agency may consult interested persons before starting regulatory action.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. ) ## 11346. (a) It is the purpose of this chapter to establish basic minimum procedural requirements for the adoption, amendment, or repeal of administrative regulations. Except as provided in Section 11346.1, the provisions of this chapter are applicable to the exercise of any quasi-legislative power conferred by any statute heretofore or hereafter enacted, but nothing in this chapter repeals or diminishes additional requirements imposed by any statute. This chapter shall not be superseded or modified by any subsequent legislation except to the extent that the legislation shall do so expressly. (b) An agency that is considering adopting, amending, or repealing a regulation may consult with interested persons before initiating regulatory action pursuant to this article. (Amended by Stats. 2000, Ch. 1060, Sec. 20. Effective January 1, 2001.)
  118. 11346.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. )

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    This section sets special rules for emergency regulations, including notice to affected requesters, filing requirements, effectiveness, and a 180-day limit unless additional rulemaking steps are completed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. ) ## 11346.1. (a) (1) The adoption, amendment, or repeal of an emergency regulation is not subject to any provision of this article or Article 6 (commencing with Section 11349), except this section and Sections 11349.5 and 11349.6. (2) At least five working days before submitting an emergency regulation to the office, the adopting agency shall, except as provided in paragraph (3), send a notice of the proposed emergency action to every person who has filed a request for notice of regulatory action with the agency. The notice shall include both of the following: (A) The specific language proposed to be adopted. (B) The finding of emergency required by subdivision (b). (3) An agency is not required to provide notice pursuant to paragraph (2) if the emergency situation clearly poses such an immediate, serious harm that delaying action to allow public comment would be inconsistent with the public interest. (b) (1) Except as provided in subdivision (c), if a state agency makes a finding that the adoption of a regulation or order of repeal is necessary to address an emergency, the regulation or order of repeal may be adopted as an emergency regulation or order of repeal. (2) Any finding of an emergency shall include a written statement that contains the information required by paragraphs (2) to (6), inclusive, of subdivision (a) of Section 11346.5 and a description of the specific facts demonstrating the existence of an emergency and the need for immediate action, and demonstrating, by substantial evidence, the need for the proposed regulation to effectuate the statute being implemented, interpreted, or made specific and to address only the demonstrated emergency. The finding of emergency shall also identify each technical, theoretical, and empirical study, report, or similar document, if any, upon which the agency relies. The enactment of an urgency statute shall not, in and of itself, constitute a need for immediate action. A finding of emergency based only upon expediency, convenience, best interest, general public need, or speculation, shall not be adequate to demonstrate the existence of an emergency. If the situation identified in the finding of emergency existed and was known by the agency adopting the emergency regulation in sufficient time to have been addressed through nonemergency regulations adopted in accordance with the provisions of Article 5 (commencing with Section 11346), the finding of emergency shall include facts explaining the failure to address the situation through nonemergency regulations. (3) The statement and the regulation or order of repeal shall be filed immediately with the office. (c) Notwithstanding any other provision of law, no emergency regulation that is a building standard shall be filed, nor shall the building standard be effective, unless the building standard is submitted to the California Building Standards Commission, and is approved and filed pursuant to Sections 18937 and 18938 of the Health and Safety Code. (d) The emergency regulation or order of repeal shall become effective upon filing or upon any later date specified by the state agency in a written instrument filed with, or as a part of, the regulation or order of repeal. (e) No regulation, amendment, or order of repeal initially adopted as an emergency regulatory action shall remain in effect more than 180 days unless the adopting agency has complied with Sections 11346.2 to 11347.3, inclusive, either before adopting an emergency regulation or within the 180-day period. The adopting agency, prior to the expiration of the 180-day period, shall transmit to the office for filing with the Secretary of State the adopted regulation, amendment, or order of repeal, the rulemaking file, and a certification that Sections 11346.2 to 11347.3, inclusive, were complied with either before the emergency regulation was adopted or within the 180-day period. (f) If an emergency amendment or order of repeal is filed and the adopting agency fails to comply with subdivision (e), the regulation as it existed prior to the emergency amendment or order of repeal shall thereupon become effective and after notice to the adopting agency by the office shall be reprinted in the California Code of Regulations. (g) If a regulation is originally adopted and filed as an emergency and the adopting agency fails to comply with subdivision (e), this failure shall constitute a repeal of the regulation and after notice to the adopting agency by the office, shall be deleted. (h) The office may approve not more than two readoptions, each for a period not to exceed 90 days, of an emergency regulation that is the same as or substantially equivalent to an emergency regulation previously adopted by that agency. Readoption shall be permitted only if the agency has made substantial progress and proceeded with diligence to comply with subdivision (e). (Amended by Stats. 2006, Ch. 713, Sec. 3. Effective January 1, 2007.)
  119. 11346.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. )

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    This section requires agencies subject to the chapter to prepare and submit specified rulemaking materials and make them available to the public on request.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. ) ## 11346.2. Every agency subject to this chapter shall prepare, submit to the office with the notice of the proposed action as described in Section 11346.5, and make available to the public upon request, all of the following: (a) A copy of the express terms of the proposed regulation. (1) The agency shall draft the regulation in plain, straightforward language, avoiding technical terms as much as possible, and using a coherent and easily readable style. The agency shall draft the regulation in plain English. (2) The agency shall include a notation following the express terms of each California Code of Regulations section, listing the specific statutes or other provisions of law authorizing the adoption of the regulation and listing the specific statutes or other provisions of law being implemented, interpreted, or made specific by that section in the California Code of Regulations. (3) The agency shall use underline or italics to indicate additions to, and strikeout to indicate deletions from, the California Code of Regulations. (b) An initial statement of reasons for proposing the adoption, amendment, or repeal of a regulation. This statement of reasons shall include, but not be limited to, all of the following: (1) A statement of the specific purpose of each adoption, amendment, or repeal, the problem the agency intends to address, and the rationale for the determination by the agency that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. The statement shall enumerate the benefits anticipated from the regulatory action, including the benefits or goals provided in the authorizing statute. These benefits may include, to the extent applicable, nonmonetary benefits such as the protection of public health and safety, worker safety, or the environment, the prevention of discrimination, the promotion of fairness or social equity, and the increase in openness and transparency in business and government, among other things. Where the adoption or amendment of a regulation would mandate the use of specific technologies or equipment, a statement of the reasons why the agency believes these mandates or prescriptive standards are required. (2) (A) For a regulation that is not a major regulation, the economic impact assessment required by subdivision (b) of Section 11346.3. (B) For a major regulation proposed on or after November 1, 2013, the standardized regulatory impact analysis required by subdivision (c) of Section 11346.3. (3) An identification of each technical, theoretical, and empirical study, report, or similar document, if any, upon which the agency relies in proposing the adoption, amendment, or repeal of a regulation. (4) (A) A description of reasonable alternatives to the regulation and the agency’s reasons for rejecting those alternatives. Reasonable alternatives to be considered include, but are not limited to, alternatives that are proposed as less burdensome and equally effective in achieving the purposes of the regulation in a manner that ensures full compliance with the authorizing statute or other law being implemented or made specific by the proposed regulation. In the case of a regulation that would mandate the use of specific technologies or equipment or prescribe specific actions or procedures, the imposition of performance standards shall be considered as an alternative. (B) A description of reasonable alternatives to the regulation that would lessen any adverse impact on small business and the agency’s reasons for rejecting those alternatives. (C) Notwithstanding subparagraph (A) or (B), an agency is not required to artificially construct alternatives or describe unreasonable alternatives. (5) (A) Facts, evidence, documents, testimony, or other evidence on which the agency relies to support an initial determination that the action will not have a significant adverse economic impact on business. (B) (i) If a proposed regulation is a building standard, the initial statement of reasons shall include the estimated cost of compliance, the estimated potential benefits, and the related assumptions used to determine the estimates. (ii) The model codes adopted pursuant to Section 18928 of the Health and Safety Code shall be exempt from the requirements of this subparagraph. However, if an interested party has made a request in writing to the agency, at least 30 days before the submittal of the initial statement of reasons, to examine a specific section for purposes of estimating the cost of compliance and the potential benefits for that section, and including the related assumptions used to determine the estimates, then the agency shall comply with the requirements of this subparagraph with regard to that requested section. (6) A department, board, or commission within the Environmental Protection Agency, the Natural Resources Agency, or the Office of the State Fire Marshal shall describe its efforts, in connection with a proposed rulemaking action, to avoid unnecessary duplication or conflicts with federal regulations contained in the Code of Federal Regulations addressing the same issues. These agencies may adopt regulations different from federal regulations contained in the Code of Federal Regulations addressing the same issues upon a finding of one or more of the following justifications: (A) The differing state regulations are authorized by law. (B) The cost of differing state regulations is justified by the benefit to human health, public safety, public welfare, or the environment. (c) A state agency that adopts or amends a regulation mandated by federal law or regulations, the provisions of which are identical to a previously adopted or amended federal regulation, shall be deemed to have complied with subdivision (b) if a statement to the effect that a federally mandated regulation or amendment to a regulation is being proposed, together with a citation to where an explanation of the regulation can be found, is included in the notice of proposed adoption or amendment prepared pursuant to Section 11346.5. However, the agency shall comply fully with this chapter with respect to any provisions in the regulation that the agency proposes to adopt or amend that are different from the corresponding provisions of the federal regulation. (d) This section shall be inoperative from January 1, 2012, until January 1, 2014. (Amended by Stats. 2014, Ch. 779, Sec. 1. (AB 1711) Effective January 1, 2015.)
  120. 11346.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. )

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    State agencies must assess regulatory economic impacts and, for certain regulations, prepare and submit impact analyses; the Department of Finance must comment within 30 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. ) ## 11346.3. (a) A state agency proposing to adopt, amend, or repeal any administrative regulation shall assess the potential for adverse economic impact on California business enterprises and individuals, avoiding the imposition of unnecessary or unreasonable regulations or reporting, recordkeeping, or compliance requirements. For purposes of this subdivision, assessing the potential for adverse economic impact shall require agencies, when proposing to adopt, amend, or repeal a regulation, to adhere to the following requirements, to the extent that these requirements do not conflict with other state or federal laws: (1) The proposed adoption, amendment, or repeal of a regulation shall be based on adequate information concerning the need for, and consequences of, proposed governmental action. (2) The state agency, before submitting a proposal to adopt, amend, or repeal a regulation to the office, shall consider the proposal’s impact on business, with consideration of industries affected including the ability of California businesses to compete with businesses in other states. For purposes of evaluating the impact on the ability of California businesses to compete with businesses in other states, an agency shall consider, but not be limited to, information supplied by interested parties. (3) An economic impact assessment prepared pursuant to this subdivision for a proposed regulation that is not a major regulation or that is a major regulation proposed before November 1, 2013, shall be prepared in accordance with subdivision (b), and shall be included in the initial statement of reasons as required by Section 11346.2. An economic assessment prepared pursuant to this subdivision for a major regulation proposed on or after November 1, 2013, shall be prepared in accordance with subdivision (c), and shall be included in the initial statement of reasons as required by Section 11346.2. (b) (1) A state agency proposing to adopt, amend, or repeal a regulation that is not a major regulation or that is a major regulation proposed before November 1, 2013, shall prepare an economic impact assessment that assesses whether and to what extent it will affect the following: (A) The creation or elimination of jobs within the state. (B) The creation of new businesses or the elimination of existing businesses within the state. (C) The expansion of businesses currently doing business within the state. (D) The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. (2) This subdivision does not apply to the University of California, the college named in Section 92200 of the Education Code, or the Fair Political Practices Commission. (3) Information required from a state agency for the purpose of completing the assessment may come from existing state publications. (4) (A) For purposes of conducting the economic impact assessment pursuant to this subdivision, a state agency may use the consolidated definition of small business in subparagraph (B) in order to determine the number of small businesses within the economy, a specific industry sector, or geographic region. The state agency shall clearly identify the use of the consolidated small business definition in its rulemaking package. (B) For the exclusive purpose of undertaking the economic impact assessment, a “small business” means a business that is all of the following: (i) Independently owned and operated. (ii) Not dominant in its field of operation. (iii) Has fewer than 100 employees. (C) Subparagraph (A) shall not apply to a regulation adopted by the Department of Insurance that applies to an insurance company. (c) (1) Each state agency proposing to adopt, amend, or repeal a major regulation on or after November 1, 2013, shall prepare a standardized regulatory impact analysis in the manner prescribed by the Department of Finance pursuant to Section 11346.36. The standardized regulatory impact analysis shall address all of the following: (A) The creation or elimination of jobs within the state. (B) The creation of new businesses or the elimination of existing businesses within the state. (C) The competitive advantages or disadvantages for businesses currently doing business within the state. (D) The increase or decrease of investment in the state. (E) The incentives for innovation in products, materials, or processes. (F) The benefits of the regulations, including, but not limited to, benefits to the health, safety, and welfare of California residents, worker safety, and the state’s environment and quality of life, among any other benefits identified by the agency. (2) This subdivision shall not apply to the University of California, the college named in Section 92200 of the Education Code, or the Fair Political Practices Commission. (3) Information required from state agencies for the purpose of completing the analysis may be derived from existing state, federal, or academic publications. (d) Any administrative regulation adopted on or after January 1, 1993, that requires a report shall not apply to businesses, unless the state agency adopting the regulation makes a finding that it is necessary for the health, safety, or welfare of the people of the state that the regulation apply to businesses. (e) Analyses conducted pursuant to this section are intended to provide agencies and the public with tools to determine whether the regulatory proposal is an efficient and effective means of implementing the policy decisions enacted in statute or by other provisions of law in the least burdensome manner. Regulatory impact analyses shall inform the agencies and the public of the economic consequences of regulatory choices, not reassess statutory policy. The baseline for the regulatory analysis shall be the most cost-effective set of regulatory measures that are equally effective in achieving the purpose of the regulation in a manner that ensures full compliance with the authorizing statute or other law being implemented or made specific by the proposed regulation. (f) Each state agency proposing to adopt, amend, or repeal a major regulation on or after November 1, 2013, and that has prepared a standardized regulatory impact analysis pursuant to subdivision (c), shall submit that analysis to the Department of Finance upon completion. The department shall comment, within 30 days of receiving that analysis, on the extent to which the analysis adheres to the regulations adopted pursuant to Section 11346.36. Upon receiving the comments from the department, the agency may update its analysis to reflect any comments received from the department and shall summarize the comments and the response of the agency along with a statement of the results of the updated analysis for the statement required by paragraph (10) of subdivision (a) of Section 11346.5. (Amended by Stats. 2022, Ch. 478, Sec. 59. (AB 1936) Effective January 1, 2023.)
  121. 11346.36.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. )

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    The Department of Finance must adopt regulations for standardized regulatory impact analyses, and the department and state agencies must support public review, record access, and filing/publishing steps tied to those regulations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. ) ## 11346.36. (a) Prior to November 1, 2013, the Department of Finance, in consultation with the office and other state agencies, shall adopt regulations for conducting the standardized regulatory impact analyses required by subdivision (c) of Section 11346.3. (b) The regulations, at a minimum, shall assist the agencies in specifying the methodologies for: (1) Assessing and determining the benefits and costs of the proposed regulation, expressed in monetary terms to the extent feasible and appropriate. Assessing the value of nonmonetary benefits such as the protection of public health and safety, worker safety, or the environment, the prevention of discrimination, the promotion of fairness or social equity, the increase in the openness and transparency of business and government and other nonmonetary benefits consistent with the statutory policy or other provisions of law. (2) Comparing proposed regulatory alternatives with an established baseline so agencies can make analytical decisions for the adoption, amendment, or repeal of regulations necessary to determine that the proposed action is the most effective, or equally effective and less burdensome, alternative in carrying out the purpose for which the action is proposed, or the most cost-effective alternative to the economy and to affected private persons that would be equally effective in implementing the statutory policy or other provision of law. (3) Determining the impact of a regulatory proposal on the state economy, businesses, and the public welfare, as described in subdivision (c) of Section 11346.3. (4) Assessing the effects of a regulatory proposal on the General Fund and special funds of the state and affected local government agencies attributable to the proposed regulation. (5) Determining the cost of enforcement and compliance to the agency and to affected business enterprises and individuals. (6) Making the estimation described in Section 11342.548. (c) To the extent required by this chapter, the department shall convene a public hearing or hearings and take public comment on any draft regulation. Representatives from state agencies and the public at large shall be afforded the opportunity to review and comment on the draft regulation before the regulation is adopted in final form. (d) State agencies shall provide the Director of Finance and the office ready access to their records and full information and reasonable assistance in any matter requested for purposes of developing the regulations required by this section. This subdivision shall not be construed to authorize an agency to provide access to records required by statute to be kept confidential. (e) The standardized regulatory impact analysis prepared by the proposing agency shall be included in the initial statement of reasons for the regulation as provided in subdivision (b) of Section 11346.2. (f) On or before November 1, 2013, the department shall submit the adopted regulations to the Senate and Assembly Committees on Governmental Organization and shall publish the adopted regulations in the State Administrative Manual. (Added by Stats. 2011, Ch. 496, Sec. 5. (SB 617) Effective January 1, 2012.)
  122. 11346.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. )

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    State agencies must give notice of proposed regulatory actions in several specified ways, usually at least 45 days before the hearing and public comment deadline.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. ) ## 11346.4. (a) At least 45 days prior to the hearing and close of the public comment period on the adoption, amendment, or repeal of a regulation, notice of the proposed action shall be: (1) Mailed to every person who has filed a request for notice of regulatory actions with the state agency. Each state agency shall give a person filing a request for notice of regulatory actions the option of being notified of all proposed regulatory actions or being notified of regulatory actions concerning one or more particular programs of the state agency. (2) In cases in which the state agency is within a state department, mailed or delivered to the director of the department. (3) Mailed to a representative number of small business enterprises or their representatives that are likely to be affected by the proposed action. “Representative” for the purposes of this paragraph includes, but is not limited to, a trade association, industry association, professional association, or any other business group or association of any kind that represents a business enterprise or employees of a business enterprise. (4) When appropriate in the judgment of the state agency, mailed to any person or group of persons whom the agency believes to be interested in the proposed action and published in the form and manner as the state agency shall prescribe. (5) Published in the California Regulatory Notice Register as prepared by the office for each state agency’s notice of regulatory action. (6) Posted on the state agency’s website if the agency has a website. (b) The effective period of a notice issued pursuant to this section shall not exceed one year from the date thereof. If the adoption, amendment, or repeal of a regulation proposed in the notice is not completed and transmitted to the office within the period of one year, a notice of the proposed action shall again be issued pursuant to this article. (c) Once the adoption, amendment, or repeal is completed and approved by the office, no further adoption, amendment, or repeal to the noticed regulation shall be made without subsequent notice being given. (d) The office may refuse to publish a notice submitted to it if the agency has failed to comply with this article. (e) The office shall make the California Regulatory Notice Register available to the public and state agencies at a nominal cost that is consistent with a policy of encouraging the widest possible notice distribution to interested persons. (f) Where the form or manner of notice is prescribed by statute in any particular case, in addition to filing and mailing notice as required by this section, the notice shall be published, posted, mailed, filed, or otherwise publicized as prescribed by that statute. The failure to mail notice to any person as provided in this section shall not invalidate any action taken by a state agency pursuant to this article. (Amended by Stats. 2000, Ch. 1059, Sec. 11. Effective January 1, 2001.)
  123. 11346.45.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. )

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    State agencies proposing regulations must involve affected parties in public discussions before the notice is published, when the proposal is complex or involves many proposals that cannot easily be reviewed during comment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. ) ## 11346.45. (a) In order to increase public participation and improve the quality of regulations, state agencies proposing to adopt regulations shall, prior to publication of the notice required by Section 11346.5, involve parties who would be subject to the proposed regulations in public discussions regarding those proposed regulations, when the proposed regulations involve complex proposals or a large number of proposals that cannot easily be reviewed during the comment period. (b) This section does not apply to a state agency in any instance where that state agency is required to implement federal law and regulations for which there is little or no discretion on the part of the state to vary. (c) If the agency does not or cannot comply with the provisions of subdivision (a), it shall state the reasons for noncompliance with reasonable specificity in the rulemaking record. (d) The provisions of this section shall not be subject to judicial review or to the provisions of Section 11349.1. (Added by Stats. 2000, Ch. 1059, Sec. 12. Effective January 1, 2001.)
  124. 11346.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. )

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    The agency’s notice must include specific information about the proposed regulation, and the agency representative must provide requested materials and route unanswered inquiries. If no public hearing is scheduled, the notice must say that an interested person may request one within 15 days before the written comment period closes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. ) ## 11346.5. (a) The notice of proposed adoption, amendment, or repeal of a regulation shall include the following: (1) A statement of the time, place, and nature of proceedings for adoption, amendment, or repeal of the regulation. (2) Reference to the authority under which the regulation is proposed and a reference to the particular code sections or other provisions of law that are being implemented, interpreted, or made specific. (3) An informative digest drafted in plain English in a format similar to the Legislative Counsel’s digest on legislative bills. The informative digest shall include the following: (A) A concise and clear summary of existing laws and regulations, if any, related directly to the proposed action and of the effect of the proposed action. (B) If the proposed action differs substantially from an existing comparable federal regulation or statute, a brief description of the significant differences and the full citation of the federal regulations or statutes. (C) A policy statement overview explaining the broad objectives of the regulation and the specific benefits anticipated by the proposed adoption, amendment, or repeal of a regulation, including, to the extent applicable, nonmonetary benefits such as the protection of public health and safety, worker safety, or the environment, the prevention of discrimination, the promotion of fairness or social equity, and the increase in openness and transparency in business and government, among other things. (D) An evaluation of whether the proposed regulation is inconsistent or incompatible with existing state regulations. (4) Any other matters as are prescribed by statute applicable to the specific state agency or to any specific regulation or class of regulations. (5) A determination as to whether the regulation imposes a mandate on local agencies or school districts and, if so, whether the mandate requires state reimbursement pursuant to Part 7 (commencing with Section 17500) of Division 4. (6) An estimate, prepared in accordance with instructions adopted by the Department of Finance, of the cost or savings to any state agency, the cost to any local agency or school district that is required to be reimbursed under Part 7 (commencing with Section 17500) of Division 4, other nondiscretionary cost or savings imposed on local agencies, and the cost or savings in federal funding to the state. For purposes of this paragraph, “cost or savings” means additional costs or savings, both direct and indirect, that a public agency necessarily incurs in reasonable compliance with regulations. (7) If a state agency, in proposing to adopt, amend, or repeal any administrative regulation, makes an initial determination that the action may have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states, it shall include the following information in the notice of proposed action: (A) Identification of the types of businesses that would be affected. (B) A description of the projected reporting, recordkeeping, and other compliance requirements that would result from the proposed action. (C) The following statement: “The (name of agency) has made an initial determination that the (adoption/amendment/repeal) of this regulation may have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. The (name of agency) (has/has not) considered proposed alternatives that would lessen any adverse economic impact on business and invites you to submit proposals. Submissions may include the following considerations: (i) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to businesses. (ii) Consolidation or simplification of compliance and reporting requirements for businesses. (iii) The use of performance standards rather than prescriptive standards. (iv) Exemption or partial exemption from the regulatory requirements for businesses.” (8) If a state agency, in adopting, amending, or repealing any administrative regulation, makes an initial determination that the action will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states, it shall make a declaration to that effect in the notice of proposed action. In making this declaration, the agency shall provide in the record facts, evidence, documents, testimony, or other evidence upon which the agency relies to support its initial determination. An agency’s initial determination and declaration that a proposed adoption, amendment, or repeal of a regulation may have or will not have a significant, adverse impact on businesses, including the ability of California businesses to compete with businesses in other states, shall not be grounds for the office to refuse to publish the notice of proposed action. (9) A description of all cost impacts, known to the agency at the time the notice of proposed action is submitted to the office, that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. If no cost impacts are known to the agency, it shall state the following: “The agency is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.” (10) A statement of the results of the economic impact assessment required by subdivision (b) of Section 11346.3 or the standardized regulatory impact analysis if required by subdivision (c) of Section 11346.3, a summary of any comments submitted to the agency pursuant to subdivision (f) of Section 11346.3 and the agency’s response to those comments. (11) The finding prescribed by subdivision (d) of Section 11346.3, if required. (12) (A) A statement that the action would have a significant effect on housing costs, if a state agency, in adopting, amending, or repealing any administrative regulation, makes an initial determination that the action would have that effect. (B) The agency officer designated in paragraph (14) shall make available to the public, upon request, the agency’s evaluation, if any, of the effect of the proposed regulatory action on housing costs. (C) The statement described in subparagraph (A) shall also include the estimated costs of compliance and potential benefits of a building standard, if any, that were included in the initial statement of reasons. (D) For purposes of model codes adopted pursuant to Section 18928 of the Health and Safety Code, the agency shall comply with the requirements of this paragraph only if an interested party has made a request to the agency to examine a specific section for purposes of estimating the costs of compliance and potential benefits for that section, as described in Section 11346.2. (13) A statement that the adopting agency must determine that no reasonable alternative considered by the agency or that has otherwise been identified and brought to the attention of the agency would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. For a major regulation, as defined by Section 11342.548, proposed on or after November 1, 2013, the statement shall be based, in part, upon the standardized regulatory impact analysis of the proposed regulation, as required by Section 11346.3, as well as upon the benefits of the proposed regulation identified pursuant to subparagraph (C) of paragraph (3). (14) The name and telephone number of the agency representative and designated backup contact person to whom inquiries concerning the proposed administrative action may be directed. (15) The date by which comments submitted in writing must be received to present statements, arguments, or contentions in writing relating to the proposed action in order for them to be considered by the state agency before it adopts, amends, or repeals a regulation. (16) Reference to the fact that the agency proposing the action has prepared a statement of the reasons for the proposed action, has available all the information upon which its proposal is based, and has available the express terms of the proposed action, pursuant to subdivision (b). (17) A statement that if a public hearing is not scheduled, any interested person or his or her duly authorized representative may request, no later than 15 days prior to the close of the written comment period, a public hearing pursuant to Section 11346.8. (18) A statement indicating that the full text of a regulation changed pursuant to Section 11346.8 will be available for at least 15 days prior to the date on which the agency adopts, amends, or repeals the resulting regulation. (19) A statement explaining how to obtain a copy of the final statement of reasons once it has been prepared pursuant to subdivision (a) of Section 11346.9. (20) If the agency maintains an Internet Web site or other similar forum for the electronic publication or distribution of written material, a statement explaining how materials published or distributed through that forum can be accessed. (21) If the proposed regulation is subject to Section 11346.6, a statement that the agency shall provide, upon request, a description of the proposed changes included in the proposed action, in the manner provided by Section 11346.6, to accommodate a person with a visual or other disability for which effective communication is required under state or federal law and that providing the description of proposed changes may require extending the period of public comment for the proposed action. (b) The agency representative designated in paragraph (14) of subdivision (a) shall make available to the public upon request the express terms of the proposed action. The representative shall also make available to the public upon request the location of public records, including reports, documentation, and other materials, related to the proposed action. If the representative receives an inquiry regarding the proposed action that the representative cannot answer, the representative shall refer the inquiry to another person in the agency for a prompt response. (c) This section shall not be construed in any manner that results in the invalidation of a regulation because of the alleged inadequacy of the notice content or the summary or cost estimates, or the alleged inadequacy or inaccuracy of the housing cost estimates, if there has been substantial compliance with those requirements. (Amended by Stats. 2012, Ch. 723, Sec. 1.5. (AB 2041) Effective January 1, 2013.)
  125. 11346.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. )

    Verify source ↗

    For certain proposed regulations, an agency must give requested accessibility descriptions, allow extra public comment time, and delay final adoption until the comment period ends or a comment is submitted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. ) ## 11346.6. (a) This section shall only apply to the following proposed regulations: (1) Regulations proposed by the Department of Rehabilitation. (2) Regulations that must be submitted to the California Building Standards Commission that pertain to disability access compliance, including, but not limited to, regulations proposed by the State Fire Marshal, the Department of Housing and Community Development, the Division of the State Architect, and the California Commission on Disability Access. (3) Regulations proposed by the State Department of Education that pertain to special education. (4) Regulations proposed by the State Department of Health Care Services that pertain to the Medi-Cal program. (b) Upon request from a person with a visual disability or other disability for which effective communication is required under state or federal law, the agency shall provide that person a narrative description of the additions to, and deletions from, the California Code of Regulations or other publication. The description shall identify each addition to or deletion from the California Code of Regulations by reference to the subdivision, paragraph, subparagraph, clause, or subclause within the proposed regulation containing the addition or deletion. The description shall provide the express language proposed to be added to or deleted from the California Code of Regulations or other publication and any portion of the surrounding language necessary to understand the change in a manner that allows for accurate translation by reading software used by the visually impaired. (c) The agency shall provide the information described in subdivision (b) within 10 business days, unless the agency determines that compliance with this requirement would be impractical and notifies the requester of the date on which the information will be provided. (d) Notwithstanding any other law, if information is provided to a requester pursuant to this section, the agency shall provide that requester at least 45 days from the date upon which the information was provided to the requester to submit a public comment regarding the proposed regulation. The agency shall not take final action to adopt the regulation until the requester has submitted a public comment or the extended 45-day comment period expires, whichever occurs first. (e) The requirements imposed pursuant to subdivisions (b) to (d), inclusive, for a proposed regulation described in subdivision (a) shall apply to an agency only for purposes of that proposed regulation until the proposed regulation is filed with the Secretary of State or until the agency otherwise concludes the regulatory adoption process. (f) (1) Not later than February 1, 2014, an agency that adopted a proposed regulation subject to the requirements of this section shall submit a report, for both the 2012 and 2013 calendar years, to the Governor, the fiscal committee in each house of the Legislature, and the appropriate policy committee in each house of the Legislature, that specifies the number of requests submitted for a narrative description of a proposed regulation, and the number of narrative descriptions actually provided pursuant to this section. (2) The report shall be submitted to the Legislature in the manner required pursuant to Section 9795. (3) The reporting requirement imposed by this subdivision shall become inoperative on February 1, 2018, as required pursuant to Section 10231.5. (4) It is the intent of the Legislature to evaluate the reports submitted pursuant to this subdivision to determine whether the requirements of this section should be applied to all regulations adopted by all agencies. (Added by Stats. 2011, Ch. 495, Sec. 3. (AB 410) Effective January 1, 2012.)
  126. 11346.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. )

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    The office must keep a website link to the Small Business Advocate’s website and include the Advocate’s telephone number.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. ) ## 11346.7. The office shall maintain a link on its website to the website maintained by the Small Business Advocate that also includes the telephone number of the Small Business Advocate. (Added by Stats. 2000, Ch. 1059, Sec. 15. Effective January 1, 2001.)
  127. 11346.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. )

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    This section sets public-participation rules for rulemaking hearings, written comments, notice, changes to proposed regulations, and the rulemaking record.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. ) ## 11346.8. (a) If a public hearing is held, both oral and written statements, arguments, or contentions, shall be permitted. The agency may impose reasonable limitations on oral presentations. If a public hearing is not scheduled, the state agency shall, consistent with Section 11346.4, afford any interested person or his or her duly authorized representative, the opportunity to present statements, arguments or contentions in writing. In addition, a public hearing shall be held if, no later than 15 days prior to the close of the written comment period, an interested person or his or her duly authorized representative submits in writing to the state agency, a request to hold a public hearing. The state agency shall, to the extent practicable, provide notice of the time, date, and place of the hearing by mailing the notice to every person who has filed a request for notice thereby with the state agency. The state agency shall consider all relevant matter presented to it before adopting, amending, or repealing any regulation. (b) In any hearing under this section, the state agency or its duly authorized representative shall have authority to administer oaths or affirmations. An agency may continue or postpone a hearing from time to time to the time and at the place as it determines. If a hearing is continued or postponed, the state agency shall provide notice to the public as to when it will be resumed or rescheduled. (c) No state agency may adopt, amend, or repeal a regulation which has been changed from that which was originally made available to the public pursuant to Section 11346.5, unless the change is (1) nonsubstantial or solely grammatical in nature, or (2) sufficiently related to the original text that the public was adequately placed on notice that the change could result from the originally proposed regulatory action. If a sufficiently related change is made, the full text of the resulting adoption, amendment, or repeal, with the change clearly indicated, shall be made available to the public for at least 15 days before the agency adopts, amends, or repeals the resulting regulation. Any written comments received regarding the change must be responded to in the final statement of reasons required by Section 11346.9. (d) No state agency shall add any material to the record of the rulemaking proceeding after the close of the public hearing or comment period, unless the agency complies with Section 11347.1. This subdivision does not apply to material prepared pursuant to Section 11346.9. (e) If a comment made at a public hearing raises a new issue concerning a proposed regulation and a member of the public requests additional time to respond to the new issue before the state agency takes final action, it is the intent of the Legislature that rulemaking agencies consider granting the request for additional time if, under the circumstances, granting the request is practical and does not unduly delay action on the regulation. (Amended by Stats. 2000, Ch. 1060, Sec. 26.5. Effective January 1, 2001.)
  128. 11346.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. )

    Verify source ↗

    Agencies covered by this chapter must submit a final statement of reasons and an updated informative digest with the adopted regulation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. ) ## 11346.9. Every agency subject to this chapter shall do the following: (a) Prepare and submit to the office with the adopted regulation a final statement of reasons that shall include all of the following: (1) An update of the information contained in the initial statement of reasons. If the update identifies any data or any technical, theoretical or empirical study, report, or similar document on which the agency is relying in proposing the adoption, amendment, or repeal of a regulation that was not identified in the initial statement of reasons, or which was otherwise not identified or made available for public review prior to the close of the public comment period, the agency shall comply with Section 11347.1. (2) A determination as to whether adoption, amendment, or repeal of the regulation imposes a mandate on local agencies or school districts. If the determination is that adoption, amendment, or repeal of the regulation would impose a local mandate, the agency shall state whether the mandate is reimbursable pursuant to Part 7 (commencing with Section 17500) of Division 4. If the agency finds that the mandate is not reimbursable, it shall state the reasons for that finding. (3) A summary of each objection or recommendation made regarding the specific adoption, amendment, or repeal proposed, together with an explanation of how the proposed action has been changed to accommodate each objection or recommendation, or the reasons for making no change. This requirement applies only to objections or recommendations specifically directed at the agency’s proposed action or to the procedures followed by the agency in proposing or adopting the action. The agency may aggregate and summarize repetitive or irrelevant comments as a group, and may respond to repetitive comments or summarily dismiss irrelevant comments as a group. For the purposes of this paragraph, a comment is “irrelevant” if it is not specifically directed at the agency’s proposed action or to the procedures followed by the agency in proposing or adopting the action. (4) A determination with supporting information that no alternative considered by the agency would be more effective in carrying out the purpose for which the regulation is proposed, would be as effective and less burdensome to affected private persons than the adopted regulation, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. For a major regulation, as defined by Section 11342.548 proposed on or after November 1, 2013, the determination shall be based, in part, upon the standardized regulatory impact analysis of the proposed regulation and, in part, upon the statement of benefits identified in subparagraph (C) of paragraph (3) of subdivision (a) of Section 11346.5. (5) An explanation setting forth the reasons for rejecting any proposed alternatives that would lessen the adverse economic impact on small businesses. The agency shall include, as supporting information, the standardized regulatory impact analysis for a major regulation, if required by subdivision (c) of Section 11346.3, as well as the benefits of the proposed regulation identified pursuant to paragraph (3) of subdivision (a) of Section 11346.5. (b) Prepare and submit to the office with the adopted regulation an updated informative digest containing a clear and concise summary of the immediately preceding laws and regulations, if any, relating directly to the adopted, amended, or repealed regulation and the effect of the adopted, amended, or repealed regulation. The informative digest shall be drafted in a format similar to the Legislative Counsel’s Digest on legislative bills. (c) A state agency that adopts or amends a regulation mandated by federal law or regulations, the provisions of which are identical to a previously adopted or amended federal regulation, shall be deemed to have complied with this section if a statement to the effect that a federally mandated regulation or amendment to a regulation is being proposed, together with a citation to where an explanation of the provisions of the regulation can be found, is included in the notice of proposed adoption or amendment prepared pursuant to Section 11346.5. However, the agency shall comply fully with this chapter with respect to any provisions in the regulation which the agency proposes to adopt or amend that are different from the corresponding provisions of the federal regulation. (d) If an agency determines that a requirement of this section can be satisfied by reference to an agency statement made pursuant to Sections 11346.2 to 11346.5, inclusive, the agency may satisfy the requirement by incorporating the relevant statement by reference. (Amended by Stats. 2011, Ch. 496, Sec. 7. (SB 617) Effective January 1, 2012.)
  129. 11347.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. )

    Verify source ↗

    If an agency relies on a study, report, or similar document added after notice of proposed action, it must make the document available, mail notice to specified people at least 15 days before adoption, keep the document open for public inspection for 15 days, and record compliance in the rulemaking file.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. ) ## 11347.1. (a) An agency that adds any technical, theoretical, or empirical study, report, or similar document to the rulemaking file after publication of the notice of proposed action and relies on the document in proposing the action shall make the document available as required by this section. (b) At least 15 calendar days before the proposed action is adopted by the agency, the agency shall mail to all of the following persons a notice identifying the added document and stating the place and business hours that the document is available for public inspection: (1) Persons who testified at the public hearing. (2) Persons who submitted written comments at the public hearing. (3) Persons whose comments were received by the agency during the public comment period. (4) Persons who requested notification from the agency of the availability of changes to the text of the proposed regulation. (c) The document shall be available for public inspection at the location described in the notice for at least 15 calendar days before the proposed action is adopted by the agency. (d) Written comments on the document or information received by the agency during the availability period shall be summarized and responded to in the final statement of reasons as provided in Section 11346.9. (e) The rulemaking file shall contain a statement confirming that the agency complied with the requirements of this section and stating the date on which the notice was mailed. (f) If there are no persons in categories listed in subdivision (b), then the rulemaking file shall contain a confirming statement to that effect. (Added by Stats. 2000, Ch. 1060, Sec. 29. Effective January 1, 2001.)
  130. 11347.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. )

    Verify source ↗

    Each agency must keep a rulemaking file, let the public inspect and copy it during business hours, submit it with the adopted regulation, and not remove, alter, destroy, or dispose of items in the file after it is returned.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. ) ## 11347.3. (a) Every agency shall maintain a file of each rulemaking that shall be deemed to be the record for that rulemaking proceeding. Commencing no later than the date that the notice of the proposed action is published in the California Regulatory Notice Register, and during all subsequent periods of time that the file is in the agency’s possession, the agency shall make the file available to the public for inspection and copying during regular business hours. (b) The rulemaking file shall include: (1) Copies of any petitions received from interested persons proposing the adoption, amendment, or repeal of the regulation, and a copy of any decision provided for by subdivision (d) of Section 11340.7, which grants a petition in whole or in part. (2) All published notices of proposed adoption, amendment, or repeal of the regulation, and an updated informative digest, the initial statement of reasons, and the final statement of reasons. (3) The determination, together with the supporting data required by paragraph (5) of subdivision (a) of Section 11346.5. (4) The determination, together with the supporting data required by paragraph (8) of subdivision (a) of Section 11346.5. (5) The estimate, together with the supporting data and calculations, required by paragraph (6) of subdivision (a) of Section 11346.5. (6) All data and other factual information, any studies or reports, and written comments submitted to the agency in connection with the adoption, amendment, or repeal of the regulation. (7) All data and other factual information, technical, theoretical, and empirical studies or reports, if any, on which the agency is relying in the adoption, amendment, or repeal of a regulation, including any economic impact assessment or standardized regulatory impact analysis as required by Section 11346.3. (8) A transcript, recording, or minutes of any public hearing connected with the adoption, amendment, or repeal of the regulation. (9) The date on which the agency made the full text of the proposed regulation available to the public for 15 days prior to the adoption, amendment, or repeal of the regulation, if required to do so by subdivision (c) of Section 11346.8. (10) The text of regulations as originally proposed and the modified text of regulations, if any, that were made available to the public prior to adoption. (11) Any other information, statement, report, or data that the agency is required by law to consider or prepare in connection with the adoption, amendment, or repeal of a regulation. (12) An index or table of contents that identifies each item contained in the rulemaking file. The index or table of contents shall include an affidavit or a declaration under penalty of perjury in the form specified by Section 2015.5 of the Code of Civil Procedure by the agency official who has compiled the rulemaking file, specifying the date upon which the record was closed, and that the file or the copy, if submitted, is complete. (c) Every agency shall submit to the office with the adopted regulation, the rulemaking file or a complete copy of the rulemaking file. (d) The rulemaking file shall be made available by the agency to the public, and to the courts in connection with the review of the regulation. (e) Upon filing a regulation with the Secretary of State pursuant to Section 11349.3, the office shall return the related rulemaking file to the agency, after which no item contained in the file shall be removed, altered, or destroyed or otherwise disposed of. The agency shall maintain the file unless it elects to transmit the file to the State Archives pursuant to subdivision (f). (f) The agency may transmit the rulemaking file to the State Archives. The file shall include instructions that the Secretary of State shall not remove, alter, or destroy or otherwise dispose of any item contained in the file. Pursuant to Section 12223.5, the Secretary of State may designate a time for the delivery of the rulemaking file to the State Archives in consideration of document processing or storage limitations. (Amended by Stats. 2011, Ch. 496, Sec. 8. (SB 617) Effective January 1, 2012.)
  131. 11348.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. )

    Verify source ↗

    Agencies covered by this chapter must keep rulemaking records for pending rulemaking actions in current form and in one central location.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 5. Public Participation: Procedure for Adoption of Regulations [11346 - 11348] ( Heading of Article 5 amended by Stats. 1994, Ch. 1039, Sec. 19. ) ## 11348. Each agency subject to this chapter shall keep its rulemaking records on all of that agency’s pending rulemaking actions, in which the notice has been published in the California Regulatory Notice Register, current and in one central location. (Added by Stats. 2000, Ch. 1059, Sec. 19. Effective January 1, 2001.)
  132. 11349.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 6. Review of Proposed Regulations [11349 - 11349.6] ( Heading of Article 6 amended by Stats. 1994, Ch. 1039, Sec. 38. )

    Verify source ↗

    This section defines key rulemaking terms and requires an agency proposing a regulation to identify and justify any overlapping or duplicate state or federal law or regulation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 6. Review of Proposed Regulations [11349 - 11349.6] ( Heading of Article 6 amended by Stats. 1994, Ch. 1039, Sec. 38. ) ## 11349. The following definitions govern the interpretation of this chapter: (a) “Necessity” means the record of the rulemaking proceeding demonstrates by substantial evidence the need for a regulation to effectuate the purpose of the statute, court decision, or other provision of law that the regulation implements, interprets, or makes specific, taking into account the totality of the record. For purposes of this standard, evidence includes, but is not limited to, facts, studies, and expert opinion. (b) “Authority” means the provision of law which permits or obligates the agency to adopt, amend, or repeal a regulation. (c) “Clarity” means written or displayed so that the meaning of regulations will be easily understood by those persons directly affected by them. (d) “Consistency” means being in harmony with, and not in conflict with or contradictory to, existing statutes, court decisions, or other provisions of law. (e) “Reference” means the statute, court decision, or other provision of law which the agency implements, interprets, or makes specific by adopting, amending, or repealing a regulation. (f) “Nonduplication” means that a regulation does not serve the same purpose as a state or federal statute or another regulation. This standard requires that an agency proposing to amend or adopt a regulation must identify any state or federal statute or regulation which is overlapped or duplicated by the proposed regulation and justify any overlap or duplication. This standard is not intended to prohibit state agencies from printing relevant portions of enabling legislation in regulations when the duplication is necessary to satisfy the clarity standard in paragraph (3) of subdivision (a) of Section 11349.1. This standard is intended to prevent the indiscriminate incorporation of statutory language in a regulation. (Amended by Stats. 2000, Ch. 1060, Sec. 31. Effective January 1, 2001.)
  133. 11349.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 6. Review of Proposed Regulations [11349 - 11349.6] ( Heading of Article 6 amended by Stats. 1994, Ch. 1039, Sec. 38. )

    Verify source ↗

    The office must review certain regulations, apply listed standards, and return or approve items depending on compliance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 6. Review of Proposed Regulations [11349 - 11349.6] ( Heading of Article 6 amended by Stats. 1994, Ch. 1039, Sec. 38. ) ## 11349.1. (a) The office shall review all regulations adopted, amended, or repealed pursuant to the procedure specified in Article 5 (commencing with Section 11346) and submitted to it for publication in the California Code of Regulations Supplement and for transmittal to the Secretary of State and make determinations using all of the following standards: (1) Necessity. (2) Authority. (3) Clarity. (4) Consistency. (5) Reference. (6) Nonduplication. In reviewing regulations pursuant to this section, the office shall restrict its review to the regulation and the record of the rulemaking proceeding. The office shall approve the regulation or order of repeal if it complies with the standards set forth in this section and with this chapter. (b) In reviewing proposed regulations for the criteria in subdivision (a), the office may consider the clarity of the proposed regulation in the context of related regulations already in existence. (c) The office shall adopt regulations governing the procedures it uses in reviewing regulations submitted to it. The regulations shall provide for an orderly review and shall specify the methods, standards, presumptions, and principles the office uses, and the limitations it observes, in reviewing regulations to establish compliance with the standards specified in subdivision (a). The regulations adopted by the office shall ensure that it does not substitute its judgment for that of the rulemaking agency as expressed in the substantive content of adopted regulations. (d) The office shall return any regulation subject to this chapter to the adopting agency if any of the following occur: (1) The adopting agency has not prepared the estimate required by paragraph (6) of subdivision (a) of Section 11346.5 and has not included the data used and calculations made and the summary report of the estimate in the file of the rulemaking. (2) The agency has not complied with Section 11346.3. “Noncompliance” means that the agency failed to complete the economic impact assessment or standardized regulatory impact analysis required by Section 11346.3 or failed to include the assessment or analysis in the file of the rulemaking proceeding as required by Section 11347.3. (3) The adopting agency has prepared the estimate required by paragraph (6) of subdivision (a) of Section 11346.5, the estimate indicates that the regulation will result in a cost to local agencies or school districts that is required to be reimbursed under Part 7 (commencing with Section 17500) of Division 4, and the adopting agency fails to do any of the following: (A) Cite an item in the Budget Act for the fiscal year in which the regulation will go into effect as the source from which the Controller may pay the claims of local agencies or school districts. (B) Cite an accompanying bill appropriating funds as the source from which the Controller may pay the claims of local agencies or school districts. (C) Attach a letter or other documentation from the Department of Finance which states that the Department of Finance has approved a request by the agency that funds be included in the Budget Bill for the next following fiscal year to reimburse local agencies or school districts for the costs mandated by the regulation. (D) Attach a letter or other documentation from the Department of Finance which states that the Department of Finance has authorized the augmentation of the amount available for expenditure under the agency’s appropriation in the Budget Act which is for reimbursement pursuant to Part 7 (commencing with Section 17500) of Division 4 to local agencies or school districts from the unencumbered balances of other appropriations in the Budget Act and that this augmentation is sufficient to reimburse local agencies or school districts for their costs mandated by the regulation. (4) The proposed regulation conflicts with an existing state regulation and the agency has not identified the manner in which the conflict may be resolved. (5) The agency did not make the alternatives determination as required by paragraph (4) of subdivision (a) of Section 11346.9. (e) The office shall notify the Department of Finance of all regulations returned pursuant to subdivision (d). (f) The office shall return a rulemaking file to the submitting agency if the file does not comply with subdivisions (a) and (b) of Section 11347.3. Within three state working days of the receipt of a rulemaking file, the office shall notify the submitting agency of any deficiency identified. If no notice of deficiency is mailed to the adopting agency within that time, a rulemaking file shall be deemed submitted as of the date of its original receipt by the office. A rulemaking file shall not be deemed submitted until each deficiency identified under this subdivision has been corrected. (g) Notwithstanding any other law, return of the regulation to the adopting agency by the office pursuant to this section is the exclusive remedy for a failure to comply with subdivision (c) of Section 11346.3 or paragraph (10) of subdivision (a) of Section 11346.5. (Amended by Stats. 2011, Ch. 496, Sec. 9. (SB 617) Effective January 1, 2012.)
  134. 11349.1.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 6. Review of Proposed Regulations [11349 - 11349.6] ( Heading of Article 6 amended by Stats. 1994, Ch. 1039, Sec. 38. )

    Verify source ↗

    The Department of Finance and the office must review certain regulatory impact analyses, and the office must submit a report to legislative committees by November 1, 2015.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 6. Review of Proposed Regulations [11349 - 11349.6] ( Heading of Article 6 amended by Stats. 1994, Ch. 1039, Sec. 38. ) ## 11349.1.5. (a) The Department of Finance and the office shall, from time to time, review the standardized regulatory impact analyses required by subdivision (c) of Section 11346.3 and submitted to the office pursuant to Section 11347.3, for adherence to the regulations adopted by the department pursuant to Section 11346.36. (b) On or before November 1, 2015, the office shall submit to the Senate and Assembly Committees on Governmental Organization a report describing the extent to which submitted standardized regulatory impact analyses for proposed major regulations adhere to the regulations adopted pursuant to Section 11346.36. The report shall include a discussion of agency adherence to the regulations as well as a comparison between various state agencies on the question of adherence. The report may also include any recommendations from the office for actions the Legislature might consider for improving state agency performance. (c) In addition to the report required by subdivision (b), the office may notify the Legislature of noncompliance by a state agency with the regulations adopted pursuant to Section 11346.36, in any manner or form determined by the office. (Added by Stats. 2011, Ch. 496, Sec. 10. (SB 617) Effective January 1, 2012.)
  135. 11349.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 6. Review of Proposed Regulations [11349 - 11349.6] ( Heading of Article 6 amended by Stats. 1994, Ch. 1039, Sec. 38. )

    Verify source ↗

    An agency may add material to a rulemaking file submitted for review, so long as doing so does not violate other chapter requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 6. Review of Proposed Regulations [11349 - 11349.6] ( Heading of Article 6 amended by Stats. 1994, Ch. 1039, Sec. 38. ) ## 11349.2. An agency may add material to a rulemaking file that has been submitted to the office for review pursuant to this article if addition of the material does not violate other requirements of this chapter. (Added by Stats. 2000, Ch. 1060, Sec. 33. Effective January 1, 2001.)
  136. 11349.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 6. Review of Proposed Regulations [11349 - 11349.6] ( Heading of Article 6 amended by Stats. 1994, Ch. 1039, Sec. 38. )

    Verify source ↗

    The office must act on a submitted regulation within 30 working days, and if it disapproves, it must return the regulation with reasons and a written decision. An agency may request return of a regulation, and such requests and any returned regulation have writing and resubmission deadlines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 6. Review of Proposed Regulations [11349 - 11349.6] ( Heading of Article 6 amended by Stats. 1994, Ch. 1039, Sec. 38. ) ## 11349.3. (a) The office shall either approve a regulation submitted to it for review and transmit it to the Secretary of State for filing or disapprove it within 30 working days after the regulation has been submitted to the office for review. If the office fails to act within 30 days, the regulation shall be deemed to have been approved and the office shall transmit it to the Secretary of State for filing. (b) If the office disapproves a regulation, it shall return it to the adopting agency within the 30-day period specified in subdivision (a) accompanied by a notice specifying the reasons for disapproval. Within seven calendar days of the issuance of the notice, the office shall provide the adopting agency with a written decision detailing the reasons for disapproval. No regulation shall be disapproved except for failure to comply with the standards set forth in Section 11349.1 or for failure to comply with this chapter. (c) If an agency determines, on its own initiative, that a regulation submitted pursuant to subdivision (a) should be returned by the office prior to completion of the office’s review, it may request the return of the regulation. All requests for the return of a regulation shall be memorialized in writing by the submitting agency no later than one week following the request. Any regulation returned pursuant to this subdivision shall be resubmitted to the office for review within the one-year period specified in subdivision (b) of Section 11346.4 or shall comply with Article 5 (commencing with Section 11346) prior to resubmission. (d) The office shall not initiate the return of a regulation pursuant to subdivision (c) as an alternative to disapproval pursuant to subdivision (b). (Amended by Stats. 1992, Ch. 1306, Sec. 2. Effective January 1, 1993.)
  137. 11349.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 6. Review of Proposed Regulations [11349 - 11349.6] ( Heading of Article 6 amended by Stats. 1994, Ch. 1039, Sec. 38. )

    Verify source ↗

    An agency may resubmit certain returned regulations within 120 days without new notice and hearing, but must use the normal readoption process if the regulation changed significantly or the deadline was missed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 6. Review of Proposed Regulations [11349 - 11349.6] ( Heading of Article 6 amended by Stats. 1994, Ch. 1039, Sec. 38. ) ## 11349.4. (a) A regulation returned to an agency because of failure to meet the standards of Section 11349.1, because of an agency’s failure to comply with this chapter may be rewritten and resubmitted within 120 days of the agency’s receipt of the written opinion required by subdivision (b) of Section 11349.3 without complying with the notice and public hearing requirements of Sections 11346.4, 11346.5, and 11346.8 unless the substantive provisions of the regulation have been significantly changed. If the regulation has been significantly changed or was not submitted within 120 days of receipt of the written opinion, the agency shall comply with Article 5 (commencing with Section 11346) and readopt the regulation. The director of the office may, upon a showing of good cause, grant an extension to the 120-day time period specified in this subdivision. (b) Upon resubmission of a disapproved regulation to the office pursuant to subdivision (a), the office shall only review the resubmitted regulation for those reasons expressly identified in the written opinion required by subdivision (b) of Section 11349.3, or for those issues arising as a result of a substantial change to a provision of the resubmitted regulation or as a result of intervening statutory changes or intervening court orders or decisions. (c) When an agency resubmits a withdrawn or disapproved regulation to the office it shall identify the prior withdrawn or disapproved regulation by date of submission to the office, shall specify the portion of the prior rulemaking record that should be included in the resubmission, and shall submit to the office a copy of the prior rulemaking record if that record has been returned to the agency by the office. (d) The office shall expedite the review of a regulation submitted without significant substantive change. (Amended by Stats. 1987, Ch. 1375, Sec. 20.)
  138. 11349.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 6. Review of Proposed Regulations [11349 - 11349.6] ( Heading of Article 6 amended by Stats. 1994, Ch. 1039, Sec. 38. )

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    This section sets the process for requesting review of an office decision and the follow-up duties of the agency, the office, and the Governor’s office.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 6. Review of Proposed Regulations [11349 - 11349.6] ( Heading of Article 6 amended by Stats. 1994, Ch. 1039, Sec. 38. ) ## 11349.5. (a) To initiate a review of a decision by the office, the agency shall file a written Request for Review with the Governor’s Legal Affairs Secretary within 10 days of receipt of the written opinion provided by the office pursuant to subdivision (b) of Section 11349.3. The Request for Review shall include a complete statement as to why the agency believes the decision is incorrect and should be overruled. Along with the Request for Review, the agency shall submit all of the following: (1) The office’s written decision detailing the reasons for disapproval required by subdivision (b) of Section 11349.3. (2) Copies of all regulations, notices, statements, and other documents which were submitted to the office. (b) A copy of the agency’s Request for Review shall be delivered to the office on the same day it is delivered to the Governor’s office. The office shall file its written response to the agency’s request with the Governor’s Legal Affairs Secretary within 10 days and deliver a copy of its response to the agency on the same day it is delivered to the Governor’s office. (c) The Governor’s office shall provide the requesting agency and the office with a written decision within 15 days of receipt of the response by the office to the agency’s Request for Review. Upon receipt of the decision, the office shall publish in the California Regulatory Notice Register the agency’s Request for Review, the office’s response thereto, and the decision of the Governor’s office. (d) The time requirements set by subdivisions (a) and (b) may be shortened by the Governor’s office for good cause. (e) The Governor may overrule the decision of the office disapproving a proposed regulation, an order repealing an emergency regulation adopted pursuant to subdivision (b) of Section 11346.1, or a decision refusing to allow the readoption of an emergency regulation pursuant to Section 11346.1. In that event, the office shall immediately transmit the regulation to the Secretary of State for filing. (f) Upon overruling the decision of the office, the Governor shall immediately transmit to the Committees on Rules of both houses of the Legislature a statement of his or her reasons for overruling the decision of the office, along with copies of the adopting agency’s initial statement of reasons issued pursuant to Section 11346.2 and the office’s statement regarding the disapproval of a regulation issued pursuant to subdivision (b) of Section 11349.3. The Governor’s action and the reasons therefor shall be published in the California Regulatory Notice Register. (Amended by Stats. 1995, Ch. 938, Sec. 15.6. Effective January 1, 1996.)
  139. 11349.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 6. Review of Proposed Regulations [11349 - 11349.6] ( Heading of Article 6 amended by Stats. 1994, Ch. 1039, Sec. 38. )

    Verify source ↗

    The office must review certain emergency regulations, allow a short comment period in some cases, and approve, disapprove, or order repeal depending on the statutory conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 6. Review of Proposed Regulations [11349 - 11349.6] ( Heading of Article 6 amended by Stats. 1994, Ch. 1039, Sec. 38. ) ## 11349.6. (a) If the adopting agency has complied with Sections 11346.2 to 11347.3, inclusive, prior to the adoption of the regulation as an emergency, the office shall approve or disapprove the regulation in accordance with this article. (b) Emergency regulations adopted pursuant to subdivision (b) of Section 11346.1 shall be reviewed by the office within 10 calendar days after their submittal to the office. After posting a notice of the filing of a proposed emergency regulation on its Internet Web site, the office shall allow interested persons five calendar days to submit comments on the proposed emergency regulations unless the emergency situation clearly poses such an immediate serious harm that delaying action to allow public comment would be inconsistent with the public interest. The office shall disapprove the emergency regulations if it determines that the situation addressed by the regulations is not an emergency, or if it determines that the regulation fails to meet the standards set forth in Section 11349.1, or if it determines the agency failed to comply with Section 11346.1. (c) If the office considers any information not submitted to it by the rulemaking agency when determining whether to file emergency regulations, the office shall provide the rulemaking agency with an opportunity to rebut or comment upon that information. (d) Within 30 working days of the filing of a certificate of compliance, the office shall review the regulation and hearing record and approve or order the repeal of an emergency regulation if it determines that the regulation fails to meet the standards set forth in Section 11349.1, or if it determines that the agency failed to comply with this chapter. (Amended by Stats. 2006, Ch. 713, Sec. 4. Effective January 1, 2007.)
  140. 11349.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 7. Review of Existing Regulations [11349.7 - 11349.9] ( Article 7 added by Stats. 1994, Ch. 1039, Sec. 43. )

    Verify source ↗

    This section requires the office to conduct priority reviews of certain regulations when requested by specified legislative committees, notify the public, and follow set deadlines for review and repeal steps.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 7. Review of Existing Regulations [11349.7 - 11349.9] ( Article 7 added by Stats. 1994, Ch. 1039, Sec. 43. ) ## 11349.7. The office, at the request of any standing, select, or joint committee of the Legislature, shall initiate a priority review of any regulation, group of regulations, or series of regulations that the committee believes does not meet the standards set forth in Section 11349.1. The office shall notify interested persons and shall publish notice in the California Regulatory Notice Register that a priority review has been requested, shall consider the written comments submitted by interested persons, the information contained in the rulemaking record, if any, and shall complete each priority review made pursuant to this section within 90 calendar days of the receipt of the committee’s written request. During the period of any priority review made pursuant to this section, all information available to the office relating to the priority review shall be made available to the public. In the event that the office determines that a regulation does not meet the standards set forth in Section 11349.1, it shall order the adopting agency to show cause why the regulation should not be repealed and shall proceed to seek repeal of the regulation as provided by this section in accordance with the following: (a) In the event it determines that any of the regulations subject to the review do not meet the standards set forth in Section 11349.1, the office shall within 15 days of the determination order the adopting agency to show cause why the regulation should not be repealed. In issuing the order, the office shall specify in writing the reasons for its determination that the regulation does not meet the standards set forth in Section 11349.1. The reasons for its determination shall be made available to the public. The office shall also publish its order and the reasons therefor in the California Regulatory Notice Register. In the case of a regulation for which no, or inadequate, information relating to its necessity can be furnished by the adopting agency, the order shall specify the information which the office requires to make its determination. (b) No later than 60 days following receipt of an order to show cause why a regulation should not be repealed, the agency shall respond in writing to the office. Upon written application by the agency, the office may extend the time for an additional 30 days. (c) The office shall review and consider all information submitted by the agency in a timely response to the order to show cause why the regulation should not be repealed, and determine whether the regulation meets the standards set forth in Section 11349.1. The office shall make this determination within 60 days of receipt of an agency’s response to the order to show cause. If the office does not make a determination within 60 days of receipt of an agency’s response to the order to show cause, the regulation shall be deemed to meet the standards set forth in subdivision (a) of Section 11349.1. In making this determination, the office shall also review any written comments submitted to it by the public within 30 days of the publication of the order to show cause in the California Regulatory Notice Register. During the period of review and consideration, the information available to the office relating to each regulation for which the office has issued an order to show cause shall be made available to the public. The office shall notify the adopting agency within two working days of the receipt of information submitted by the public regarding a regulation for which an order to show cause has been issued. If the office determines that a regulation fails to meet the standards, it shall prepare a statement specifying the reasons for its determination. The statement shall be delivered to the adopting agency, the Legislature, and the Governor and shall be made available to the public and the courts. Thirty days after delivery of the statement required by this subdivision the office shall prepare an order of repeal of the regulation and shall transmit it to the Secretary of State for filing. (d) The Governor, within 30 days after the office has delivered the statement specifying the reasons for its decision to repeal, as required by subdivision (c), may overrule the decision of the office ordering the repeal of a regulation. The regulation shall then remain in full force and effect. Notice of the Governor’s action and the reasons therefor shall be published in the California Regulatory Notice Register. The Governor shall transmit to the rules committee of each house of the Legislature a statement of reasons for overruling the decision of the office, plus any other information that may be requested by either of the rules committees. (e) In the event that the office orders the repeal of a regulation, it shall publish the order and the reasons therefor in the California Regulatory Notice Register. (Added by Stats. 1994, Ch. 1039, Sec. 43. Effective January 1, 1995.)
  141. 11349.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 7. Review of Existing Regulations [11349.7 - 11349.9] ( Article 7 added by Stats. 1994, Ch. 1039, Sec. 43. )

    Verify source ↗

    If the office learns that a regulation lacks valid statutory authority, it must order the adopting agency to explain why the regulation should not be repealed and must notify the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 7. Review of Existing Regulations [11349.7 - 11349.9] ( Article 7 added by Stats. 1994, Ch. 1039, Sec. 43. ) ## 11349.8. (a) If the office is notified of, or on its own becomes aware of, an existing regulation in the California Code of Regulations for which the statutory authority has been repealed or becomes ineffective or inoperative by its own terms, the office shall order the adopting agency to show cause why the regulation should not be repealed for lack of statutory authority and shall notify the Legislature in writing of this order. In issuing the order, the office shall specify in writing the reasons for issuance of the order. “Agency,” for purposes of this section and Section 11349.9, refers to the agency that adopted the regulation and, if applicable, the agency that is responsible for administering the regulation in issue. (b) The agency may, within 30 days after receipt of the written notification, submit in writing to the office any citations, legal arguments, or other information opposing the repeal, including public comments during this period. This section shall not apply where the agency demonstrates in its response that any of the following conditions exists: (1) The statute or section thereof is simultaneously repealed and substantially reenacted through a single piece of legislation, or where subsequent legislation evinces a specific legislative intent to reenact the substance of the statute or section. When a regulation cites more than one specific statute or section as reference or authority for the adoption of a regulation, and one or more of the statutes or sections are repealed or become ineffective or inoperative, then the only provisions of the regulation which remain in effect shall be those for which the remaining statutes or sections provide specific or general authority. (2) The statute is temporarily repealed, or rendered ineffective or inoperative by a provision of law which is effective only for a limited period, in which case any regulation described in subdivision (a) is thereby also temporarily repealed, rendered ineffective, or inoperative during that limited period. Any regulation so affected shall have the same force and effect upon the expiration of the limited period during which the provision of law was effective as if that temporary provision had not been enacted. (3) The statute or section of a statute being repealed, or becoming ineffective or inoperative by its own terms, is to remain in full force and effect as regards events occurring prior to the date of repeal or ineffectiveness, in which case any regulation adopted to implement or interpret that statute shall likewise be deemed to remain in full force and effect in regards to those same events. (c) This section shall not be construed to deprive any person or public agency of any substantial right which would have existed prior to, or hereafter exists subsequent to, the effective date of this section. (d) Thirty days after receipt of the agency’s opposition material, or the close of the 30-day agency and public response period if no response is submitted, the office shall do one of the following: (1) Inform the agency and the Legislature in writing that the office has withdrawn its order to show cause. (2) Issue a written notice to the agency specifying the reasons for the repeal and its intent to file a Notice of Repeal of the invalid regulation with the Secretary of State. Within seven calendar days of the filing of the Notice of Repeal, the office shall provide the agency, the Governor, and the Legislature with a written decision detailing the reasons for the repeal and a copy of the Notice of Repeal, and publish the office’s written decision in the California Regulatory Notice Register. (e) The office shall order the removal of the repealed regulation from the California Code of Regulations within 30 days after filing the Notice of Repeal, if the agency has not appealed the office’s decision, or upon receipt of notification of the Governor’s decision upholding the office’s decision, if an appeal has been filed pursuant to Section 11349.9. (Added by renumbering Section 11349.10 by Stats. 1994, Ch. 1039, Sec. 44. Effective January 1, 1995.)
  142. 11349.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 7. Review of Existing Regulations [11349.7 - 11349.9] ( Article 7 added by Stats. 1994, Ch. 1039, Sec. 43. )

    Verify source ↗

    This section sets the steps and deadlines for an agency to ask for review of a Notice of Repeal, and for the office, the Governor’s office, and the Governor to respond.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 7. Review of Existing Regulations [11349.7 - 11349.9] ( Article 7 added by Stats. 1994, Ch. 1039, Sec. 43. ) ## 11349.9. (a) To initiate a review of the office’s Notice of Repeal pursuant to Section 11349.8, the agency shall appeal the office’s decision by filing a written Request for Review with the Governor’s Legal Affairs Secretary within 10 days of receipt of the Notice of Repeal and written decision provided for by paragraph (2) of subdivision (d) of Section 11349.8. The Request for Review shall include a complete statement as to why the agency believes the decision is incorrect and should be overruled. Along with the Request for Review, the agency shall submit all of the following: (1) The office’s written opinion detailing the reasons for repeal required by paragraph (2) of subdivision (d) of Section 11349.8. (2) Copies of all statements and other documents that were submitted to the office. (b) A copy of the agency’s Request for Review shall be delivered to the office on the same day it is delivered to the Governor’s office. The office shall file its written response to the agency’s request with the Governor’s Legal Affairs Secretary within 10 days, and deliver a copy of its response to the agency on the same day it is delivered to the Governor’s office. (c) The Governor’s office shall provide the requesting agency and the office with a written decision within 15 days of receipt of the response by the office to the agency’s Request for Review. Upon receipt of the decision, the office shall publish in the California Regulatory Notice Register the agency’s Request for Review, the office’s response thereto, and the decision of the Governor’s office. (d) The time requirements set by subdivisions (a) and (b) may be shortened by the Governor’s office for good cause. (e) In the event the Governor overrules the decision of the office, the office shall immediately transmit the regulation to the Secretary of State for filing. (f) Upon overruling the decision of the office, the Governor shall transmit to the rules committees of both houses of the Legislature a statement of the reasons for overruling the decision of the office. (Amended by Stats. 1995, Ch. 938, Sec. 15.7. Effective January 1, 1996.)
  143. 11350.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 8. Judicial Review [11350 - 11350.3] ( Heading of Article 8 renumbered from Article 7 by Stats. 1994, Ch. 1039, Sec. 46. )

    Verify source ↗

    An interested person may seek a judicial declaration in superior court on the validity of a regulation or order of repeal, and the person’s right to judicial determination is not lost for failing to petition or seek reconsideration first.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 8. Judicial Review [11350 - 11350.3] ( Heading of Article 8 renumbered from Article 7 by Stats. 1994, Ch. 1039, Sec. 46. ) ## 11350. (a) Any interested person may obtain a judicial declaration as to the validity of any regulation or order of repeal by bringing an action for declaratory relief in the superior court in accordance with the Code of Civil Procedure. The right to judicial determination shall not be affected by the failure either to petition or to seek reconsideration of a petition filed pursuant to Section 11340.7 before the agency promulgating the regulation or order of repeal. The regulation or order of repeal may be declared to be invalid for a substantial failure to comply with this chapter, or, in the case of an emergency regulation or order of repeal, upon the ground that the facts recited in the finding of emergency prepared pursuant to subdivision (b) of Section 11346.1 do not constitute an emergency within the provisions of Section 11346.1. (b) In addition to any other ground that may exist, a regulation or order of repeal may be declared invalid if either of the following exists: (1) The agency’s determination that the regulation is reasonably necessary to effectuate the purpose of the statute, court decision, or other provision of law that is being implemented, interpreted, or made specific by the regulation is not supported by substantial evidence. (2) The agency declaration pursuant to paragraph (8) of subdivision (a) of Section 11346.5 is in conflict with substantial evidence in the record. (c) The approval of a regulation or order of repeal by the office or the Governor’s overruling of a decision of the office disapproving a regulation or order of repeal shall not be considered by a court in any action for declaratory relief brought with respect to a regulation or order of repeal. (d) In a proceeding under this section, a court may only consider the following evidence: (1) The rulemaking file prepared under Section 11347.3. (2) The finding of emergency prepared pursuant to subdivision (b) of Section 11346.1. (3) An item that is required to be included in the rulemaking file but is not included in the rulemaking file, for the sole purpose of proving its omission. (4) Any evidence relevant to whether a regulation used by an agency is required to be adopted under this chapter. (Amended by Stats. 2006, Ch. 713, Sec. 5. Effective January 1, 2007.)
  144. 11350.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 8. Judicial Review [11350 - 11350.3] ( Heading of Article 8 renumbered from Article 7 by Stats. 1994, Ch. 1039, Sec. 46. )

    Verify source ↗

    An interested person may ask a superior court to declare certain disapproved or repealed regulations valid or invalid.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 8. Judicial Review [11350 - 11350.3] ( Heading of Article 8 renumbered from Article 7 by Stats. 1994, Ch. 1039, Sec. 46. ) ## 11350.3. Any interested person may obtain a judicial declaration as to the validity of a regulation or order of repeal which the office has disapproved pursuant to Section 11349.3, or 11349.6, or of a regulation that has been ordered repealed pursuant to Section 11349.7 by bringing an action for declaratory relief in the superior court in accordance with the Code of Civil Procedure. The court may declare the regulation valid if it determines that the regulation meets the standards set forth in Section 11349.1 and that the agency has complied with this chapter. If the court so determines, it may order the office to immediately file the regulation with the Secretary of State. (Amended by Stats. 2000, Ch. 1060, Sec. 36. Effective January 1, 2001.)
  145. 11351.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. )

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    This section limits which administrative procedure articles apply to the Public Utilities Commission, the Workers’ Compensation Appeals Board, and the Division of Workers’ Compensation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. ) ## 11351. (a) Except as provided in subdivision (b), Article 5 (commencing with Section 11346), Article 6 (commencing with Section 11349), Article 7 (commencing with Section 11349.7), and Article 8 (commencing with Section 11350) shall not apply to the Public Utilities Commission or the Workers’ Compensation Appeals Board, and Article 3 (commencing with Section 11343) and Article 4 (commencing with Section 11344) shall apply only to the rules of procedure of these state agencies. (b) The Public Utilities Commission and the Workers’ Compensation Appeals Board shall comply with paragraph (5) of subdivision (a) of Section 11346.4 with respect to regulations that are required to be filed with the Secretary of State pursuant to Section 11343. (c) Article 8 (commencing with Section 11350) shall not apply to the Division of Workers’ Compensation. (Amended by Stats. 1996, Ch. 14, Sec. 1. Effective January 1, 1997.)
  146. 11352.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. )

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    This section says certain listed actions are not subject to this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. ) ## 11352. The following actions are not subject to this chapter: (a) The issuance, denial, or waiver of any water quality certification as authorized under Section 13160 of the Water Code. (b) The issuance, denial, or revocation of waste discharge requirements and permits pursuant to Sections 13263 and 13377 of the Water Code and waivers issued pursuant to Section 13269 of the Water Code. (c) The development, issuance, and use of the guidance document pursuant to Section 13383.7 of the Water Code. (d) The issuance of an order pursuant to Section 116400 of the Health and Safety Code. (e) The issuance of a notification level, response level, or definition of a confirmed detection under Section 116455 of the Health and Safety Code. (f) The issuance of an order or directive requiring the submittal of technical reports pursuant to Section 116530 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 187, Sec. 1. (SB 776) Effective January 1, 2022.)
  147. 11353.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. )

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    This section limits the chapter’s reach for certain water quality control policies and sets a submission, review, approval, filing, and public inspection process for covered actions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. ) ## 11353. (a) Except as provided in subdivision (b), this chapter does not apply to the adoption or revision of state policy for water quality control and the adoption or revision of water quality control plans and guidelines pursuant to Division 7 (commencing with Section 13000) of the Water Code. (b) (1) Any policy, plan, or guideline, or any revision thereof, that the State Water Resources Control Board has adopted or that a court determines is subject to this part, after June 1, 1992, shall be submitted to the office. (2) The State Water Resources Control Board shall include in its submittal to the office all of the following: (A)A clear and concise summary of any regulatory provisions adopted or approved as part of that action, for publication in the California Code of Regulations. (B) The administrative record for the proceeding. Proposed additions to a policy, plan, or guideline shall be indicated by underlined text and proposed deletions shall be indicated by strike-through text in documents submitted as part of the administrative record for the proceeding. (C) A summary of the necessity for the regulatory provision. (D) A certification by the chief legal officer of the State Water Resources Control Board that the action was taken in compliance with all applicable procedural requirements of Division 7 (commencing with Section 13000) of the Water Code. (3) Paragraph (2) does not limit the authority of the office to review any regulatory provision which is part of the policy, plan, or guideline submitted by the State Water Resources Control Board. (4) The office shall review the regulatory provisions to determine compliance with the standards of necessity, authority, clarity, consistency, reference, and nonduplication set forth in subdivision (a) of Section 11349.1. The office shall also review the responses to public comments prepared by the State Water Resources Control Board or the appropriate regional water quality control board to determine compliance with the public participation requirements of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.). The office shall restrict its review to the regulatory provisions and the administrative record of the proceeding. Sections 11349.3, 11349.4, 11349.5, and 11350.3 shall apply to the review by the office to the extent that those sections are consistent with this section. (5) The policy, plan, guideline, or revision shall not become effective unless and until the regulatory provisions are approved by the office in accordance with subdivision (a) of Section 11349.3. (6) Upon approval of the regulatory provisions, the office shall transmit to the Secretary of State for filing the clear and concise summary of the regulatory provisions submitted by the State Water Resources Control Board. (7) Any proceedings before the State Water Resources Control Board or a California regional water quality control board to take any action subject to this subdivision shall be conducted in accordance with the procedural requirements of Division 7 (commencing with Section 13000) of the Water Code, together with any applicable requirements of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), and the requirements of this chapter, other than the requirement for review by the office in accordance with this subdivision, shall not apply. (8) This subdivision shall not provide a basis for review by the office under this subdivision or Article 6 (commencing with Section 11349) of any such policy, plan, or guideline adopted or revised prior to June 1, 1992. (c) Subdivision (a) does not apply to a provision of any policy, plan, guideline, or revision, as applied to any person who, as of June 1, 1992, was a party to a civil action challenging that provision on the grounds that it has not been adopted as a regulation pursuant to this chapter. (d) Copies of the policies, plans, and guidelines to which subdivision (a) applies shall be maintained at central locations for inspection by the public. The State Water Resources Control Board shall maintain, at its headquarters in Sacramento, a current copy of each policy, plan, or guideline in effect. Each regional water quality control board shall maintain at its headquarters a current copy of each policy, plan, or guideline in effect in its respective region. Any revision of a policy, plan, or guideline shall be made available for inspection by the public within 30 days of its effective date. (Amended by Stats. 2000, Ch. 1060, Sec. 37. Effective January 1, 2001.)
  148. 11354.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. )

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    This section says Sections 11352 and 11353 do not change how a court decides whether this chapter applies to a policy, plan, or guideline in a certain pending civil action.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. ) ## 11354. Sections 11352 and 11353 do not affect any court’s determination, relating to the applicability of this chapter to any provision of a policy, plan, or guideline, in a civil action which was pending on June 1, 1992, and on that date included a challenge to a provision of a policy, plan, or guideline on the grounds that it has not been adopted in accordance with this chapter. (Added by Stats. 1992, Ch. 1112 (Sec. 3). Effective January 1, 1993.)
  149. 11354.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. )

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    This section defines “commission” and sets special rulemaking-review procedures: certain older plans are outside this chapter, the commission must submit specified materials, the office must review only the regulatory provisions and record, and plan changes do not take effect until approved.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. ) ## 11354.1. (a) For purposes of this section, “commission” means the San Francisco Bay Conservation and Development Commission. (b) This chapter does not apply to any policy, plan, or guideline adopted by the commission prior to January 1, 1996, pursuant to Chapter 5 (commencing with Section 66650) of Title 7.2 of this code or Division 19 (commencing with Section 29000) of the Public Resources Code. (c) The issuance or denial by the commission of any permit pursuant to subdivision (a) of Section 66632, and the issuance or denial by, or appeal to, the commission of any permit pursuant to Chapter 6 (commencing with Section 29500) of Division 19 of the Public Resources Code, are not subject to this chapter. (d) (1) Any amendments or other changes to the San Francisco Bay Plan or to a special area plan pursuant to Chapter 5 (commencing with Section 66650) of Title 7.2, adopted by the commission on or after January 1, 1996, and any amendments or other changes to the Suisun Marsh Protection Plan, as defined in Section 29113 of the Public Resources Code, or in the Suisun Marsh local protection program, as defined in Section 29111 of the Public Resources Code, adopted by the commission on and after January 1, 1996, shall be submitted to the office but are not subject to this chapter except as provided in this subdivision. (2) The commission shall include in its submittal to the office pursuant to paragraph (1) both of the following documents: (A) A clear and concise summary of any regulatory provision adopted or approved by the commission as part of the proposed change for publication in the California Code of Regulations. (B) The administrative record for the proceeding, and a list of the documents relied upon in making the change. Proposed additions to the plans shall be indicated by underlined text, and proposed deletions shall be indicated by strike-through text in documents submitted as part of the administrative record for the proceeding. (3) The office shall review the regulatory provisions to determine compliance with the standards of necessity, authority, clarity, consistency, reference, and nonduplication set forth in subdivision (a) of Section 11349.1. The office shall also review the responses to public comments prepared by the commission to determine compliance with the public participation requirements of Sections 11000 to 11007, inclusive, of Title 14 of the California Code of Regulations, and to ensure that the commission considers all relevant matters presented to it before adopting, amending, or repealing any regulatory provision, and that the commission explains the reasons for not modifying a proposed plan change to accommodate an objection or recommendation. The office shall restrict its review to the regulatory provisions and the administrative record of the proceeding. Sections 11349.3, 11349.4, 11349.5, and 11350.3 shall apply to the review by the office to the extent that those sections are consistent with this section. (4) In reviewing proposed changes to the commission’s plans for the criteria specified in subdivision (a) of Section 11349.1, the office shall consider the clarity of the proposed plan change in the context of the commission’s existing plans. (5) The proposed plan or program change subject to this subdivision shall not become effective unless and until the regulatory provisions are approved by the office in accordance with subdivision (a) of Section 11349.3. (6) Upon approval of the regulatory provisions, the office shall transmit to the Secretary of State for filing the clear and concise summary of the regulatory provisions submitted by the commission. (e) Except as provided in subdivisions (b), (c), and (d), the adoption of any regulation by the commission shall be subject to this chapter in all respects. (Amended by Stats. 2002, Ch. 389, Sec. 7. Effective January 1, 2003.)
  150. 11356.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. )

    Verify source ↗

    Article 6 does not apply to building standards. Article 5 does apply, but the office may not disapprove or refuse to publish proposed building standards that have been approved and submitted by the California Building Standards Commission under the referenced Health and Safety Code section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. ) ## 11356. (a) Article 6 (commencing with Section 11349) is not applicable to a building standard. (b) Article 5 (commencing with Section 11346) is applicable to those building standards, except that the office shall not disapprove those building standards nor refuse to publish any notice of proposed building standards if either has been approved by, and submitted to, the office by the California Building Standards Commission pursuant to Section 18935 of the Health and Safety Code. (Amended by Stats. 2000, Ch. 1060, Sec. 38. Effective January 1, 2001.)
  151. 11357.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. )

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    The Department of Finance must issue and update instructions for agencies on making fiscal or economic impact estimates, and it may review estimates prepared under this section.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. ) ## 11357. (a) The Department of Finance shall adopt and update, as necessary, instructions for inclusion in the State Administrative Manual prescribing the methods that an agency subject to this chapter shall use in making the determinations and the estimates of fiscal or economic impact required by Sections 11346.2, 11346.3, and 11346.5. The instructions shall include, but need not be limited to, the following: (1) Guidelines governing the types of data or assumptions, or both, that may be used, and the methods that shall be used, to calculate the estimate of the cost or savings to public agencies mandated by the regulation for which the estimate is being prepared. (2) The types of direct or indirect costs and savings that should be taken into account in preparing the estimate. (3) The criteria that shall be used in determining whether the cost of a regulation must be funded by the state pursuant to Section 6 of Article XIII B of the California Constitution and Part 7 (commencing with Section 17500) of Division 4. (4) The format the agency preparing the estimate shall follow in summarizing and reporting its estimate of the cost or savings to state and local agencies, school districts, and in federal funding of state programs that will result from the regulation and its estimate of the economic impact that will result from the regulation. (b) An action by the Department of Finance to adopt and update, as necessary, instructions to any state or local agency for the preparation, development, or administration of the state budget, or instructions to a state agency on the preparation of an economic impact estimate or assessment of a proposed regulation, including any instructions included in the State Administrative Manual, shall be exempt from this chapter. (c) The Department of Finance may review an estimate prepared pursuant to this section for content including, but not limited to, the data and assumptions used in its preparation. (Amended by Stats. 2014, Ch. 779, Sec. 3. (AB 1711) Effective January 1, 2015.)
  152. 11359.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. )

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    Some fire-safety regulations are invalid unless submitted to, or approved in writing by, the State Fire Marshal before being sent to the Secretary of State or the Office of Administrative Law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. ) ## 11359. (a) Except as provided in subdivision (b), on and after January 1, 1982, no new regulation, or the amendment or repeal of any regulation, which regulation is intended to promote fire and panic safety or provide fire protection and prevention, including fire suppression systems, equipment, or alarm regulation, is valid or effective unless it is submitted by, or approved in writing by, the State Fire Marshal before transmittal to the Secretary of State or the Office of Administrative Law. (b) Approval of the State Fire Marshal is not required if the regulation is expressly required to be at least as effective as federal standards published in the Federal Register pursuant to Section 6 of the Occupational Safety and Health Act of 1970 (P.L. 91-596) within the time period specified by federal law and as provided in subdivision (b) of Section 142.4 of the Labor Code, and as approved by the Occupational Safety and Health Administration of the United States Department of Labor as meeting the requirements of subdivision (a) of Section 142.3 of the Labor Code, unless the regulation is determined by the State Fire Marshal to be less effective in promoting fire and panic safety than regulations adopted by the State Fire Marshal. (Added by renumbering Section 11342.3 by Stats. 1994, Ch. 1039, Sec. 10. Effective January 1, 1995.)
  153. 11361.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. )

    Verify source ↗

    This chapter does not apply to adopting or revising certain regulations, guidelines, or criteria for the listed bond acts; those changes must instead use a public process that gives interested people a chance to be heard.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 3.5. Administrative Regulations and Rulemaking [11340 - 11361] ( Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2. ) ## ARTICLE 9. Special Procedures [11351 - 11361] ( Article 9 heading added by Stats. 1994, Ch. 1039, Sec. 49. ) ## 11361. This chapter does not apply to the adoption or revision of regulations, guidelines, or criteria to implement the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act) (Chapter 1.692 (commencing with Section 5096.300) of Division 5 of the Public Resources Code), the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Chapter 1.696 (commencing with Section 5096.600) of Division 5 of the Public Resources Code), or the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Division 26.5 (commencing with Section 79500) of the Water Code). The adoption or revision of regulations, guidelines, or criteria, if necessary to implement those respective acts, shall instead be accomplished by means of a public process reasonably calculated to give those persons interested in their adoption or revision an opportunity to be heard. (Amended by Stats. 2003, Ch. 240, Sec. 2. Effective August 13, 2003.)
  154. 11370.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 1. General Provisions [11370 - 11370.5] ( Article 1 heading added by Stats. 1995, Ch. 938, Sec. 16. )

    Verify source ↗

    This section says Chapters 3.5, 4, 4.5, and 5 together make up the Administrative Procedure Act and may be cited under that name.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 1. General Provisions [11370 - 11370.5] ( Article 1 heading added by Stats. 1995, Ch. 938, Sec. 16. ) ## 11370. Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) constitute, and may be cited as, the Administrative Procedure Act. (Amended by Stats. 1995, Ch. 938, Sec. 16.5. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  155. 11370.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 1. General Provisions [11370 - 11370.5] ( Article 1 heading added by Stats. 1995, Ch. 938, Sec. 16. )

    Verify source ↗

    In the Administrative Procedure Act, “director” means the executive officer of the Office of Administrative Hearings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 1. General Provisions [11370 - 11370.5] ( Article 1 heading added by Stats. 1995, Ch. 938, Sec. 16. ) ## 11370.1. As used in the Administrative Procedure Act “director” means the executive officer of the Office of Administrative Hearings. (Amended by Stats. 1971, Ch. 1303.)
  156. 11370.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 1. General Provisions [11370 - 11370.5] ( Article 1 heading added by Stats. 1995, Ch. 938, Sec. 16. )

    Verify source ↗

    The section creates the Office of Administrative Hearings in the Department of General Services and says it is directed by a director.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 1. General Provisions [11370 - 11370.5] ( Article 1 heading added by Stats. 1995, Ch. 938, Sec. 16. ) ## 11370.2. (a) There is in the Department of General Services the Office of Administrative Hearings which is under the direction and control of an executive officer who shall be known as the director. (b) The director shall have the same qualifications as administrative law judges, and shall be appointed by the Governor subject to the confirmation of the Senate. (c) Any and all references in any law to the Office of Administrative Procedure shall be deemed to be the Office of Administrative Hearings. (Amended by Stats. 1985, Ch. 324, Sec. 13.)
  157. 11370.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 1. General Provisions [11370 - 11370.5] ( Article 1 heading added by Stats. 1995, Ch. 938, Sec. 16. )

    Verify source ↗

    The director must appoint and maintain full-time administrative law judges, may appoint part-time ones, and must also appoint needed technical, clerical, and hearing staff.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 1. General Provisions [11370 - 11370.5] ( Article 1 heading added by Stats. 1995, Ch. 938, Sec. 16. ) ## 11370.3. The director shall appoint and maintain a staff of full-time, and may appoint pro tempore part-time, administrative law judges qualified under Section 11502 which is sufficient to fill the needs of the various state agencies. The director shall also appoint any other technical and clerical personnel as may be required to perform the duties of the office. The director shall assign an administrative law judge for any proceeding arising under Chapter 5 (commencing with Section 11500) and, upon request from any agency, may assign an administrative law judge to conduct other administrative proceedings not arising under that chapter and shall assign hearing reporters as required. Any administrative law judge or other employee so assigned shall be deemed an employee of the office and not of the agency to which he or she is assigned. When not engaged in hearing cases, administrative law judges may be assigned by the director to perform other duties vested in or required of the office, including those provided for in Section 11370.5. (Amended by Stats. 1995, Ch. 938, Sec. 17. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  158. 11370.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 1. General Provisions [11370 - 11370.5] ( Article 1 heading added by Stats. 1995, Ch. 938, Sec. 16. )

    Verify source ↗

    The Department of General Services must determine and collect the total cost of maintaining and operating the Office of Administrative Hearings from the state or other public agencies served by the office.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 1. General Provisions [11370 - 11370.5] ( Article 1 heading added by Stats. 1995, Ch. 938, Sec. 16. ) ## 11370.4. The total cost to the state of maintaining and operating the Office of Administrative Hearings shall be determined by, and collected by the Department of General Services in advance or upon such other basis as it may determine from the state or other public agencies for which services are provided by the office. (Amended by Stats. 1971, Ch. 1303.)
  159. 11370.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 1. General Provisions [11370 - 11370.5] ( Article 1 heading added by Stats. 1995, Ch. 938, Sec. 16. )

    Verify source ↗

    The office must study administrative adjudication, share suggestions with agencies, and report recommendations to the Governor and Legislature. State departments, agencies, officers, and employees must give the office access, information, and reasonable assistance for research, except confidential records protected by statute. The office may also adopt rules and regulations to carry out its functions, subject to Chapter 3.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 1. General Provisions [11370 - 11370.5] ( Article 1 heading added by Stats. 1995, Ch. 938, Sec. 16. ) ## 11370.5. (a) The office is authorized and directed to study the subject of administrative adjudication in all its aspects; to submit its suggestions to the various agencies in the interests of fairness, uniformity and the expedition of business; and to report its recommendations to the Governor and Legislature. All departments, agencies, officers, and employees of the state shall give the office ready access to their records and full information and reasonable assistance in any matter of research requiring recourse to them or to data within their knowledge or control. Nothing in this section authorizes an agency to provide access to records required by statute to be kept confidential. (b) The office may adopt rules and regulations to carry out the functions and duties of the office under the Administrative Procedure Act. The regulations are subject to Chapter 3.5 (commencing with Section 11340). (Amended by Stats. 2002, Ch. 370, Sec. 3. Effective January 1, 2003. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  160. 11371.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 2. Medical Quality Hearing Panel [11371 - 11373.3] ( Article 2 heading added by Stats. 1995, Ch. 938, Sec. 19. )

    Verify source ↗

    This section creates a Medical Quality Hearing Panel within the Office of Administrative Hearings and sets rules for who may serve, how the panel is managed, and when expert witnesses may be used.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 2. Medical Quality Hearing Panel [11371 - 11373.3] ( Article 2 heading added by Stats. 1995, Ch. 938, Sec. 19. ) ## 11371. (a) There is within the Office of Administrative Hearings a Medical Quality Hearing Panel, consisting of no fewer than five full-time administrative law judges. The administrative law judges shall have medical training as recommended by the Division of Medical Quality of the Medical Board of California and approved by the Director of the Office of Administrative Hearings. (b) The director shall determine the qualifications of panel members, supervise their training, and coordinate the publication of a reporter of decisions pursuant to this section. The panel shall include only those persons specifically qualified and shall at no time constitute more than 25 percent of the total number of administrative law judges within the Office of Administrative Hearings. If the members of the panel do not have a full workload, they may be assigned work by the Director of the Office of Administrative Hearings. When the medically related case workload exceeds the capacity of the members of the panel, additional judges shall be requested to be added to the panels as appropriate. When this workload overflow occurs on a temporary basis, the Director of the Office of Administrative Hearings shall supply judges from the Office of Administrative Hearings to adjudicate the cases. (c) The administrative law judges of the panel shall have panels of experts available. The panels of experts shall be appointed by the Director of the Office of Administrative Hearings, with the advice of the Medical Board of California. These panels of experts may be called as witnesses by the administrative law judges of the panel to testify on the record about any matter relevant to a proceeding and subject to cross-examination by all parties, and Section 11430.30 does not apply in a proceeding under this section. The administrative law judge may award reasonable expert witness fees to any person or persons serving on a panel of experts, which shall be paid from the Contingent Fund of the Medical Board of California upon appropriation by the Legislature. (Amended by Stats. 2005, Ch. 674, Sec. 21. Effective January 1, 2006.)
  161. 11372.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 2. Medical Quality Hearing Panel [11371 - 11373.3] ( Article 2 heading added by Stats. 1995, Ch. 938, Sec. 19. )

    Verify source ↗

    Most adjudicative hearings and proceedings about discipline or reinstatement of Medical Board licensees must be conducted by a designated administrative law judge; interim-order proceedings are handled under Section 11529.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 2. Medical Quality Hearing Panel [11371 - 11373.3] ( Article 2 heading added by Stats. 1995, Ch. 938, Sec. 19. ) ## 11372. (a) Except as provided in subdivision (b), all adjudicative hearings and proceedings relating to the discipline or reinstatement of licensees of the Medical Board of California, including licensees of affiliated health agencies within the jurisdiction of the Medical Board of California, that are heard pursuant to the Administrative Procedure Act, shall be conducted by an administrative law judge as designated in Section 11371, sitting alone if the case is so assigned by the agency filing the charging pleading. (b) Proceedings relating to interim orders shall be heard in accordance with Section 11529. (Amended by Stats. 2007, Ch. 588, Sec. 89. Effective January 1, 2008.)
  162. 11373.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 2. Medical Quality Hearing Panel [11371 - 11373.3] ( Article 2 heading added by Stats. 1995, Ch. 938, Sec. 19. )

    Verify source ↗

    Hearings and proceedings handled by the designated administrative law judge must follow the Administrative Procedure Act, unless the Medical Practice Act provides otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 2. Medical Quality Hearing Panel [11371 - 11373.3] ( Article 2 heading added by Stats. 1995, Ch. 938, Sec. 19. ) ## 11373. All adjudicative hearings and proceedings conducted by an administrative law judge as designated in Section 11371 shall be conducted under the terms and conditions set forth in the Administrative Procedure Act, except as provided in the Medical Practice Act (Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code). (Amended by Stats. 1993, Ch. 1267, Sec. 53. Effective January 1, 1994.)
  163. 11373.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 2. Medical Quality Hearing Panel [11371 - 11373.3] ( Article 2 heading added by Stats. 1995, Ch. 938, Sec. 19. )

    Verify source ↗

    The Office of Administrative Hearings must provide facilities and support staff for the review committee panel and assess the Medical Board of California for those costs when the panel is used to adjudicate Medical Board cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 2. Medical Quality Hearing Panel [11371 - 11373.3] ( Article 2 heading added by Stats. 1995, Ch. 938, Sec. 19. ) ## 11373.3. The Office of Administrative Hearings shall provide facilities and support personnel for the review committee panel and shall assess the Medical Board of California for facilities and personnel, where used to adjudicate cases involving the Medical Board of California. (Amended by Stats. 1991, Ch. 1091, Sec. 44.)
  164. 11380.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 3. State Agency Reports and Forms Appeals [11380- 11380.] ( Article 3 added by Stats. 1995, Ch. 938, Sec. 20. )

    Verify source ↗

    The office must hear certain business appeals and adopt appeal procedures; businesses must first challenge the form or report with the state agency, and the agency must respond within 60 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4. Office of Administrative Hearings [11370 - 11380] ( Heading of Chapter 4 amended by Stats. 1971, Ch. 1303. ) ## ARTICLE 3. State Agency Reports and Forms Appeals [11380- 11380.] ( Article 3 added by Stats. 1995, Ch. 938, Sec. 20. ) ## 11380. (a) (1) The office shall hear and render a decision on any appeal filed by a business, pursuant to subdivision (c) of Section 14775, in the event the business contests the certification by a state agency head that reporting requirements meet established criteria and shall not be eliminated. (2) Before a business may file an appeal with the office pursuant to subdivision (c) of Section 14775, the business shall file a challenge to a form or report required by a state agency with that state agency. Within 60 days of filing the challenge with a state agency, the state agency shall either eliminate the form or report or provide written justification for its continued use. (3) A business may appeal a state agency’s written justification for the continued use of a form or report with the office. (4) If a state agency fails to respond within 60 days of the filing of a challenge pursuant to paragraph (2), the business shall have an immediate right to file an appeal with the office. (b) No later than January 1, 1996, the office shall adopt procedures governing the filing, hearing, and disposition of appeals. The procedures shall include, but shall not be limited to, provisions that assure that appeals are heard and decisions rendered by the office in a fair, impartial, and timely fashion. (c) The office may charge appellants a reasonable fee to pay for costs it incurs in complying with this section. (Added by Stats. 1995, Ch. 938, Sec. 20. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  165. 11400.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [11400 - 11400.20] ( Article 1 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    This section says which provisions make up the administrative adjudication provisions of the Administrative Procedure Act, and how references to certain old Chapter 5 provisions should be read.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [11400 - 11400.20] ( Article 1 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11400. (a) This chapter and Chapter 5 (commencing with Section 11500) constitute the administrative adjudication provisions of the Administrative Procedure Act. (b) A reference in any other statute or in a rule of court, executive order, or regulation, to a provision formerly found in Chapter 5 (commencing with Section 11500) that is superseded by a provision of this chapter, means the applicable provision of this chapter. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  166. 11400.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [11400 - 11400.20] ( Article 1 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    This section sets when Chapter 4.5 takes effect and which adjudicative proceedings it covers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [11400 - 11400.20] ( Article 1 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11400.10. (a) This chapter is operative on July 1, 1997. (b) This chapter is applicable to an adjudicative proceeding commenced on or after July 1, 1997. (c) This chapter is not applicable to an adjudicative proceeding commenced before July 1, 1997, except an adjudicative proceeding conducted on a remand from a court or another agency on or after July 1, 1997. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938. Note: This section prescribes the same operative date for Chapter 4.5, commencing with Section 11400.)
  167. 11400.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [11400 - 11400.20] ( Article 1 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    An agency may adopt interim or permanent regulations for adjudicative proceedings, but there are limits and special rules for interim and permanent regulations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [11400 - 11400.20] ( Article 1 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11400.20. (a) Before, on, or after July 1, 1997, an agency may adopt interim or permanent regulations to govern an adjudicative proceeding under this chapter or Chapter 5 (commencing with Section 11500). Nothing in this section authorizes an agency to adopt regulations to govern an adjudicative proceeding required to be conducted by an administrative law judge employed by the Office of Administrative Hearings, except to the extent the regulations are otherwise authorized by statute. (b) Except as provided in Section 11351: (1) Interim regulations need not comply with Article 5 (commencing with Section 11346) or Article 6 (commencing with Section 11349) of Chapter 3.5, but are governed by Chapter 3.5 (commencing with Section 11340) in all other respects. (2) Interim regulations expire on December 31, 1998, unless earlier terminated or replaced by or readopted as permanent regulations under paragraph (3). If on December 31, 1998, an agency has completed proceedings to replace or readopt interim regulations and has submitted permanent regulations for review by the Office of Administrative Law, but permanent regulations have not yet been filed with the Secretary of State, the interim regulations are extended until the date permanent regulations are filed with the Secretary of State or March 31, 1999, whichever is earlier. (3) Permanent regulations are subject to all the provisions of Chapter 3.5 (commencing with Section 11340), except that if by December 31, 1998, an agency has submitted the regulations for review by the Office of Administrative Law, the regulations are not subject to review for necessity under Section 11349.1 or 11350. (Amended by Stats. 1996, Ch. 390, Sec. 5. Effective August 19, 1996. Operative July 1, 1997, by Sec. 11 of Ch. 390.)
  168. 11405.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 2. Definitions [11405.10 - 11405.80] ( Article 2 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    The definitions in this article control how this chapter is read, unless the provision or context requires otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 2. Definitions [11405.10 - 11405.80] ( Article 2 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11405.10. Unless the provision or context requires otherwise, the definitions in this article govern the construction of this chapter. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  169. 11405.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 2. Definitions [11405.10 - 11405.80] ( Article 2 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    This section defines “adjudicative proceeding” as an evidentiary hearing used to determine facts, after which an agency makes and issues a decision.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 2. Definitions [11405.10 - 11405.80] ( Article 2 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11405.20. “Adjudicative proceeding” means an evidentiary hearing for determination of facts pursuant to which an agency formulates and issues a decision. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  170. 11405.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 2. Definitions [11405.10 - 11405.80] ( Article 2 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    This section defines “Agency” broadly and says an administrative unit that acts under this chapter is treated as a separate agency even if it sits within or below another agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 2. Definitions [11405.10 - 11405.80] ( Article 2 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11405.30. “Agency” means a board, bureau, commission, department, division, office, officer, or other administrative unit, including the agency head, and one or more members of the agency head or agency employees or other persons directly or indirectly purporting to act on behalf of or under the authority of the agency head. To the extent it purports to exercise authority pursuant to this chapter, an administrative unit otherwise qualifying as an agency shall be treated as a separate agency even if the unit is located within or subordinate to another agency. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  171. 11405.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 2. Definitions [11405.10 - 11405.80] ( Article 2 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    “Agency head” is defined as the person or body with an agency’s ultimate legal authority, including one delegated power to act and decide hearings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 2. Definitions [11405.10 - 11405.80] ( Article 2 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11405.40. “Agency head” means a person or body in which the ultimate legal authority of an agency is vested, and includes a person or body to which the power to act is delegated pursuant to authority to delegate the agency’s power to hear and decide. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  172. 11405.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 2. Definitions [11405.10 - 11405.80] ( Article 2 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    This section defines “decision” as an agency action that determines a person’s legal rights or other legal interests.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 2. Definitions [11405.10 - 11405.80] ( Article 2 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11405.50. (a) “Decision” means an agency action of specific application that determines a legal right, duty, privilege, immunity, or other legal interest of a particular person. (b) Nothing in this section limits any of the following: (1) The precedential effect of a decision under Section 11425.60. (2) The authority of an agency to make a declaratory decision pursuant to Article 14 (commencing with Section 11465.10). (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  173. 11405.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 2. Definitions [11405.10 - 11405.80] ( Article 2 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    Defines “party” for this adjudication provision.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 2. Definitions [11405.10 - 11405.80] ( Article 2 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11405.60. “Party” includes the agency that is taking action, the person to which the agency action is directed, and any other person named as a party or allowed to appear or intervene in the proceeding. If the agency that is taking action and the agency that is conducting the adjudicative proceeding are separate agencies, the agency that is taking action is a party and the agency that is conducting the adjudicative proceeding is not a party. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  174. 11405.70.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 2. Definitions [11405.10 - 11405.80] ( Article 2 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    This section defines “person” to include individuals, entities, and governmental subdivisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 2. Definitions [11405.10 - 11405.80] ( Article 2 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11405.70. “Person” includes an individual, partnership, corporation, governmental subdivision or unit of a governmental subdivision, or public or private organization or entity of any character. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  175. 11405.80.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 2. Definitions [11405.10 - 11405.80] ( Article 2 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    This section defines “presiding officer.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 2. Definitions [11405.10 - 11405.80] ( Article 2 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11405.80. “Presiding officer” means the agency head, member of the agency head, administrative law judge, hearing officer, or other person who presides in an adjudicative proceeding. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  176. 11410.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 3. Application of Chapter [11410.10 - 11410.60] ( Article 3 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    This chapter applies to an agency decision when a constitution or statute requires an evidentiary hearing to determine the facts for making and issuing that decision.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 3. Application of Chapter [11410.10 - 11410.60] ( Article 3 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11410.10. This chapter applies to a decision by an agency if, under the federal or state Constitution or a federal or state statute, an evidentiary hearing for determination of facts is required for formulation and issuance of the decision. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  177. 11410.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 3. Application of Chapter [11410.10 - 11410.60] ( Article 3 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    This section says the chapter applies to all state agencies, except where another statute expressly provides otherwise, and it does not apply to the Legislature, the courts or judicial branch, or the Governor’s office.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 3. Application of Chapter [11410.10 - 11410.60] ( Article 3 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11410.20. Except as otherwise expressly provided by statute: (a) This chapter applies to all agencies of the state. (b) This chapter does not apply to the Legislature, the courts or judicial branch, or the Governor or office of the Governor. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  178. 11410.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 3. Application of Chapter [11410.10 - 11410.60] ( Article 3 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    This section defines “local agency” and says the chapter generally does not apply to local agencies unless another statute makes it applicable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 3. Application of Chapter [11410.10 - 11410.60] ( Article 3 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11410.30. (a) As used in this section, “local agency” means a county, city, district, public authority, public agency, or other political subdivision or public corporation in the state other than the state. (b) This chapter does not apply to a local agency except to the extent the provisions are made applicable by statute. (c) This chapter applies to an agency created or appointed by joint or concerted action of the state and one or more local agencies. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  179. 11410.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 3. Application of Chapter [11410.10 - 11410.60] ( Article 3 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    An agency may adopt this chapter or any of its provisions for making a decision, even if the agency or decision is otherwise exempt.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 3. Application of Chapter [11410.10 - 11410.60] ( Article 3 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11410.40. Notwithstanding any other provision of this article, by regulation, ordinance, or other appropriate action, an agency may adopt this chapter or any of its provisions for the formulation and issuance of a decision, even though the agency or decision is exempt from application of this chapter. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  180. 11410.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 3. Application of Chapter [11410.10 - 11410.60] ( Article 3 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    This section says the chapter applies to adjudicative proceedings that must be conducted under Chapter 5, unless the related statutes say otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 3. Application of Chapter [11410.10 - 11410.60] ( Article 3 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11410.50. This chapter applies to an adjudicative proceeding required to be conducted under Chapter 5 (commencing with Section 11500) unless the statutes relating to the proceeding provide otherwise. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  181. 11410.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 3. Application of Chapter [11410.10 - 11410.60] ( Article 3 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    This section says when the chapter applies to adjudicative proceedings by quasi-public entities and defines that term.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 3. Application of Chapter [11410.10 - 11410.60] ( Article 3 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11410.60. (a) As used in this section, “quasi-public entity” means an entity, other than a governmental agency, whether characterized by statute as a public corporation, public instrumentality, or otherwise, that is expressly created by statute for the purpose of administration of a state function. (b) This chapter applies to an adjudicative proceeding conducted by a quasi-public entity if all of the following conditions are satisfied: (1) A statute vests the power of decision in the quasi-public entity. (2) A statute, the United States Constitution, or the California Constitution, requires an evidentiary hearing for determination of facts for formulation and issuance of the decision. Nothing in this section is intended to create an evidentiary hearing requirement that is not otherwise statutorily or constitutionally imposed. (3) The decision is not otherwise subject to administrative review in an adjudicative proceeding to which this chapter applies. (c) For the purpose of application of this chapter to a decision by a quasi-public entity: (1) “Agency,” as defined in Section 11405.30, also includes the quasi-public entity. (2) “Regulation” includes a rule promulgated by the quasi-public entity. (3) Article 8 (commencing with Section 11435.05), requiring language assistance in an adjudicative proceeding, applies to a quasi-public entity to the same extent as a state agency under Section 11018. (d) This section shall be strictly construed to effectuate the intent of the Legislature to apply this chapter only to a decision by a quasi-public entity that is expressly created by statute for the purpose of administration of a state function. (e) This section shall not apply to a decision made on authority of an approved plan of operations of a quasi-public entity that is subject to the regulation or supervision of the Insurance Commissioner. (Added by Stats. 1997, Ch. 220, Sec. 9. Effective August 4, 1997.)
  182. 11415.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 4. Governing Procedure [11415.10 - 11415.60] ( Article 4 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    An agency’s adjudicative procedure is governed by the statutes and regulations that apply to that proceeding; if none apply, the agency may use the Administrative Procedure Act’s administrative adjudication provisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 4. Governing Procedure [11415.10 - 11415.60] ( Article 4 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11415.10. (a) The governing procedure by which an agency conducts an adjudicative proceeding is determined by the statutes and regulations applicable to that proceeding. If no other governing procedure is provided by statute or regulation, an agency may conduct an adjudicative proceeding under the administrative adjudication provisions of the Administrative Procedure Act. (b) This chapter supplements the governing procedure by which an agency conducts an adjudicative proceeding. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  183. 11415.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 4. Governing Procedure [11415.10 - 11415.60] ( Article 4 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    If an applicable state or federal statute or regulation conflicts with this chapter, the other law prevails.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 4. Governing Procedure [11415.10 - 11415.60] ( Article 4 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11415.20. A state statute or a federal statute or regulation applicable to a particular agency or decision prevails over a conflicting or inconsistent provision of this chapter. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  184. 11415.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 4. Governing Procedure [11415.10 - 11415.60] ( Article 4 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    The Governor may use executive orders to suspend certain administrative adjudication rules or adopt procedure rules when needed to prevent loss or delay of federal funds or services, and must end the order once it is no longer needed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 4. Governing Procedure [11415.10 - 11415.60] ( Article 4 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11415.30. (a) To the extent necessary to avoid a loss or delay of funds or services from the federal government that would otherwise be available to the state, the Governor may do any of the following by executive order: (1) Suspend, in whole or in part, any administrative adjudication provision of the Administrative Procedure Act. (2) Adopt a rule of procedure that will avoid the loss or delay. (b) The Governor shall rescind an executive order issued under this section as soon as it is no longer necessary to prevent the loss or delay of funds or services from the federal government. (c) If an administrative adjudication provision is suspended or rule of procedure is adopted pursuant to this section, the Governor shall promptly report the suspension or adoption to the Legislature. The report shall include recommendations concerning any legislation that may be necessary to conform the provision to federal law. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  185. 11415.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 4. Governing Procedure [11415.10 - 11415.60] ( Article 4 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    A person may waive a right under the Administrative Procedure Act’s administrative adjudication provisions unless another statute or regulation prohibits the waiver.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 4. Governing Procedure [11415.10 - 11415.60] ( Article 4 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11415.40. Except to the extent prohibited by another statute or regulation, a person may waive a right conferred on the person by the administrative adjudication provisions of the Administrative Procedure Act. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  186. 11415.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 4. Governing Procedure [11415.10 - 11415.60] ( Article 4 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    An agency may use any appropriate procedure for decisions that do not require an adjudicative proceeding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 4. Governing Procedure [11415.10 - 11415.60] ( Article 4 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11415.50. (a) An agency may provide any appropriate procedure for a decision for which an adjudicative proceeding is not required. (b) An adjudicative proceeding is not required for informal factfinding or an informal investigatory hearing, or a decision to initiate or not to initiate an investigation, prosecution, or other proceeding before the agency, another agency, or a court, whether in response to an application for an agency decision or otherwise. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  187. 11415.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 4. Governing Procedure [11415.10 - 11415.60] ( Article 4 added by Stats. 1995, Ch. 938, Sec. 21. )

    Verify source ↗

    An agency may resolve a matter by settlement, and settlement terms can be set by the parties, but some evidence from settlement talks is not admissible and settlements must stay within legal limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 4. Governing Procedure [11415.10 - 11415.60] ( Article 4 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11415.60. (a) An agency may formulate and issue a decision by settlement, pursuant to an agreement of the parties, without conducting an adjudicative proceeding. Subject to subdivision (c), the settlement may be on any terms the parties determine are appropriate. Notwithstanding any other provision of law, no evidence of an offer of compromise or settlement made in settlement negotiations is admissible in an adjudicative proceeding or civil action, whether as affirmative evidence, by way of impeachment, or for any other purpose, and no evidence of conduct or statements made in settlement negotiations is admissible to prove liability for any loss or damage except to the extent provided in Section 1152 of the Evidence Code. Nothing in this subdivision makes inadmissible any public document created by a public agency. (b) A settlement may be made before or after issuance of an agency pleading, except that in an adjudicative proceeding to determine whether an occupational license should be revoked, suspended, limited, or conditioned, a settlement may not be made before issuance of the agency pleading. A settlement may be made before, during, or after the hearing. (c) A settlement is subject to any necessary agency approval. An agency head may delegate the power to approve a settlement. The terms of a settlement may not be contrary to statute or regulation, except that the settlement may include sanctions the agency would otherwise lack power to impose. (Amended by Stats. 1996, Ch. 390, Sec. 7. Effective August 19, 1996. Operative July 1, 1997, by Sec. 11 of Ch. 390.)
  188. 11420.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 5. Alternative Dispute Resolution [11420.10 - 11420.30] ( Article 5 added by Stats. 1995, Ch. 938, Sec. 21. )

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    An agency may send an adjudicative dispute to mediation or arbitration if all parties consent. In nonbinding arbitration, a party can ask for a de novo proceeding within 30 days after the award is delivered to the agency head; if that party does not do better, it must pay specified costs and fees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 5. Alternative Dispute Resolution [11420.10 - 11420.30] ( Article 5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11420.10. (a) An agency, with the consent of all the parties, may refer a dispute that is the subject of an adjudicative proceeding for resolution by any of the following means: (1) Mediation by a neutral mediator. (2) Binding arbitration by a neutral arbitrator. An award in a binding arbitration is subject to judicial review in the manner provided in Chapter 4 (commencing with Section 1285) of Title 9 of Part 3 of the Code of Civil Procedure. (3) Nonbinding arbitration by a neutral arbitrator. The arbitrator’s decision in a nonbinding arbitration is final unless within 30 days after the arbitrator delivers the award to the agency head a party requests that the agency conduct a de novo adjudicative proceeding. If the decision in the de novo proceeding is not more favorable to the party electing the de novo proceeding, the party shall pay the costs and fees specified in Section 1141.21 of the Code of Civil Procedure insofar as applicable in the adjudicative proceeding. (b) If another statute requires mediation or arbitration in an adjudicative proceeding, that statute prevails over this section. (c) This section does not apply in an adjudicative proceeding to the extent an agency by regulation provides that this section is not applicable in a proceeding of the agency. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  189. 11420.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 5. Alternative Dispute Resolution [11420.10 - 11420.30] ( Article 5 added by Stats. 1995, Ch. 938, Sec. 21. )

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    The Office of Administrative Hearings must adopt model regulations for alternative dispute resolution, and those regulations generally govern agency proceedings unless an agency adopts inconsistent rules or says they do not apply.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 5. Alternative Dispute Resolution [11420.10 - 11420.30] ( Article 5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11420.20. (a) The Office of Administrative Hearings shall adopt and promulgate model regulations for alternative dispute resolution under this article. The model regulations govern alternative dispute resolution by an agency under this article, except to the extent the agency by regulation provides inconsistent rules or provides that the model regulations are not applicable in a proceeding of the agency. (b) The model regulations shall include provisions for selection and compensation of a mediator or arbitrator, qualifications of a mediator or arbitrator, and confidentiality of the mediation or arbitration proceeding. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  190. 11420.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 5. Alternative Dispute Resolution [11420.10 - 11420.30] ( Article 5 added by Stats. 1995, Ch. 938, Sec. 21. )

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    Confidential communications made in mediation under this article are protected, and a party can refuse to disclose them and stop others from disclosing them, subject to consent of all parties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 5. Alternative Dispute Resolution [11420.10 - 11420.30] ( Article 5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11420.30. Notwithstanding any other provision of law, a communication made in alternative dispute resolution under this article is protected to the following extent: (a) Anything said, any admission made, and any document prepared in the course of, or pursuant to, mediation under this article is a confidential communication, and a party to the mediation has a privilege to refuse to disclose and to prevent another from disclosing the communication, whether in an adjudicative proceeding, civil action, or other proceeding. This subdivision does not limit the admissibility of evidence if all parties to the proceedings consent. (b) No reference to nonbinding arbitration proceedings, a decision of the arbitrator that is rejected by a party’s request for a de novo adjudicative proceeding, the evidence produced, or any other aspect of the arbitration may be made in an adjudicative proceeding or civil action, whether as affirmative evidence, by way of impeachment, or for any other purpose. (c) No mediator or arbitrator is competent to testify in a subsequent administrative or civil proceeding as to any statement, conduct, decision, or order occurring at, or in conjunction with, the alternative dispute resolution. (d) Evidence otherwise admissible outside of alternative dispute resolution under this article is not inadmissible or protected from disclosure solely by reason of its introduction or use in alternative dispute resolution under this article. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  191. 11425.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 6. Administrative Adjudication Bill of Rights [11425.10 - 11425.60] ( Article 6 added by Stats. 1995, Ch. 938, Sec. 21. )

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    Agencies conducting adjudicative proceedings must give the affected person notice, an opportunity to be heard, a copy of the governing procedure, and other listed procedural protections.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 6. Administrative Adjudication Bill of Rights [11425.10 - 11425.60] ( Article 6 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11425.10. (a) The governing procedure by which an agency conducts an adjudicative proceeding is subject to all of the following requirements: (1) The agency shall give the person to which the agency action is directed notice and an opportunity to be heard, including the opportunity to present and rebut evidence. (2) The agency shall make available to the person to which the agency action is directed a copy of the governing procedure, including a statement whether Chapter 5 (commencing with Section 11500) is applicable to the proceeding. (3) The hearing shall be open to public observation as provided in Section 11425.20. (4) The adjudicative function shall be separated from the investigative, prosecutorial, and advocacy functions within the agency as provided in Section 11425.30. (5) The presiding officer is subject to disqualification for bias, prejudice, or interest as provided in Section 11425.40. (6) The decision shall be in writing, be based on the record, and include a statement of the factual and legal basis of the decision as provided in Section 11425.50. (7) A decision may not be relied on as precedent unless the agency designates and indexes the decision as precedent as provided in Section 11425.60. (8) Ex parte communications shall be restricted as provided in Article 7 (commencing with Section 11430.10). (9) Language assistance shall be made available as provided in Article 8 (commencing with Section 11435.05) by an agency described in Section 11018 or 11435.15. (b) The requirements of this section apply to the governing procedure by which an agency conducts an adjudicative proceeding without further action by the agency, and prevail over a conflicting or inconsistent provision of the governing procedure, subject to Section 11415.20. The governing procedure by which an agency conducts an adjudicative proceeding may include provisions equivalent to, or more protective of the rights of the person to which the agency action is directed than, the requirements of this section. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  192. 11425.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 6. Administrative Adjudication Bill of Rights [11425.10 - 11425.60] ( Article 6 added by Stats. 1995, Ch. 938, Sec. 21. )

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    Public hearings must be open to public observation, but the presiding officer may close a hearing or issue protective orders when necessary or proper.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 6. Administrative Adjudication Bill of Rights [11425.10 - 11425.60] ( Article 6 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11425.20. (a) A hearing shall be open to public observation. This subdivision shall not limit the authority of the presiding officer to order closure of a hearing or make other protective orders to the extent necessary or proper for any of the following purposes: (1) To satisfy the United States Constitution, the California Constitution, federal or state statute, or other law, including, but not limited to, laws protecting privileged, confidential, or other protected information. (2) To ensure a fair hearing in the circumstances of the particular case. (3) To conduct the hearing, including the manner of examining witnesses, in a way that is appropriate to protect a minor witness or a witness with a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code, from intimidation or other harm, taking into account the rights of all persons. (b) To the extent a hearing is conducted by telephone, television, or other electronic means, and is not closed as otherwise required by law, the requirement that the meeting is open to public observation pursuant to subdivision (a) is satisfied if members of the public have an opportunity to do both of the following: (1) At reasonable times, hear or inspect the agency’s record, and inspect any transcript obtained by the agency. (2) Be physically or virtually present at the place where the presiding officer is conducting the hearing. For purposes of this section, the term “present” can be satisfied either by providing a designated location from which members of the public can observe the meeting via a live audio or a video feed of the hearing made available to the public on the internet or by teleconference. (c) This section does not apply to a prehearing conference, settlement conference, or proceedings for alternative dispute resolution other than binding arbitration. (Amended by Stats. 2021, Ch. 401, Sec. 11. (AB 1578) Effective January 1, 2022.)
  193. 11425.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 6. Administrative Adjudication Bill of Rights [11425.10 - 11425.60] ( Article 6 added by Stats. 1995, Ch. 938, Sec. 21. )

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    A person cannot act as presiding officer in an adjudicative proceeding if they previously served as investigator, prosecutor, or advocate in that case, or are under the control of such a person. Some limited exceptions apply.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 6. Administrative Adjudication Bill of Rights [11425.10 - 11425.60] ( Article 6 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11425.30. (a) A person may not serve as presiding officer in an adjudicative proceeding in any of the following circumstances: (1) The person has served as investigator, prosecutor, or advocate in the proceeding or its preadjudicative stage. (2) The person is subject to the authority, direction, or discretion of a person who has served as investigator, prosecutor, or advocate in the proceeding or its preadjudicative stage. (b) Notwithstanding subdivision (a): (1) A person may serve as presiding officer at successive stages of an adjudicative proceeding. (2) A person who has participated only as a decisionmaker or as an advisor to a decisionmaker in a determination of probable cause or other equivalent preliminary determination in an adjudicative proceeding or its preadjudicative stage may serve as presiding officer in the proceeding. (c) The provisions of this section governing separation of functions as to the presiding officer also govern separation of functions as to the agency head or other person or body to which the power to hear or decide in the proceeding is delegated. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  194. 11425.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 6. Administrative Adjudication Bill of Rights [11425.10 - 11425.60] ( Article 6 added by Stats. 1995, Ch. 938, Sec. 21. )

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    The presiding officer may be disqualified for bias, prejudice, or interest in the proceeding, and the same disqualification rules also apply to the delegated decisionmaker. An agency conducting an adjudicative proceeding may also authorize peremptory challenges by regulation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 6. Administrative Adjudication Bill of Rights [11425.10 - 11425.60] ( Article 6 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11425.40. (a) The presiding officer is subject to disqualification for bias, prejudice, or interest in the proceeding. (b) It is not alone or in itself grounds for disqualification, without further evidence of bias, prejudice, or interest, that the presiding officer: (1) Is or is not a member of a racial, ethnic, religious, sexual, or similar group and the proceeding involves the rights of that group. (2) Has experience, technical competence, or specialized knowledge of, or has in any capacity expressed a view on, a legal, factual, or policy issue presented in the proceeding. (3) Has as a lawyer or public official participated in the drafting of laws or regulations or in the effort to pass or defeat laws or regulations, the meaning, effect, or application of which is in issue in the proceeding. (c) The provisions of this section governing disqualification of the presiding officer also govern disqualification of the agency head or other person or body to which the power to hear or decide in the proceeding is delegated. (d) An agency that conducts an adjudicative proceeding may provide by regulation for peremptory challenge of the presiding officer. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  195. 11425.50.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 6. Administrative Adjudication Bill of Rights [11425.10 - 11425.60] ( Article 6 added by Stats. 1995, Ch. 938, Sec. 21. )

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    Decisions must be written and state the factual and legal basis for the decision.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 6. Administrative Adjudication Bill of Rights [11425.10 - 11425.60] ( Article 6 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11425.50. (a) The decision shall be in writing and shall include a statement of the factual and legal basis for the decision. (b) The statement of the factual basis for the decision may be in the language of, or by reference to, the pleadings. If the statement is no more than mere repetition or paraphrase of the relevant statute or regulation, the statement shall be accompanied by a concise and explicit statement of the underlying facts of record that support the decision. If the factual basis for the decision includes a determination based substantially on the credibility of a witness, the statement shall identify any specific evidence of the observed demeanor, manner, or attitude of the witness that supports the determination, and on judicial review the court shall give great weight to the determination to the extent the determination identifies the observed demeanor, manner, or attitude of the witness that supports it. (c) The statement of the factual basis for the decision shall be based exclusively on the evidence of record in the proceeding and on matters officially noticed in the proceeding. The presiding officer’s experience, technical competence, and specialized knowledge may be used in evaluating evidence. (d) Nothing in this section limits the information that may be contained in the decision, including a summary of evidence relied on. (e) A penalty may not be based on a guideline, criterion, bulletin, manual, instruction, order, standard of general application or other rule subject to Chapter 3.5 (commencing with Section 11340) unless it has been adopted as a regulation pursuant to Chapter 3.5 (commencing with Section 11340). (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  196. 11425.60.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 6. Administrative Adjudication Bill of Rights [11425.10 - 11425.60] ( Article 6 added by Stats. 1995, Ch. 938, Sec. 21. )

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    Agencies may designate certain decisions as precedent decisions, and they must maintain and update an index of those decisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 6. Administrative Adjudication Bill of Rights [11425.10 - 11425.60] ( Article 6 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11425.60. (a) A decision may not be expressly relied on as precedent unless it is designated as a precedent decision by the agency. (b) An agency may designate as a precedent decision a decision or part of a decision that contains a significant legal or policy determination of general application that is likely to recur. Designation of a decision or part of a decision as a precedent decision is not rulemaking and need not be done under Chapter 3.5 (commencing with Section 11340). An agency’s designation of a decision or part of a decision, or failure to designate a decision or part of a decision, as a precedent decision is not subject to judicial review. (c) An agency shall maintain an index of significant legal and policy determinations made in precedent decisions. The index shall be updated not less frequently than annually, unless no precedent decision has been designated since the last preceding update. The index shall be made available to the public by subscription, and its availability shall be publicized annually in the California Regulatory Notice Register. (d) This section applies to decisions issued on or after July 1, 1997. Nothing in this section precludes an agency from designating and indexing as a precedent decision a decision issued before July 1, 1997. (Amended by Stats. 1996, Ch. 390, Sec. 8. Effective August 19, 1996. Operative July 1, 1997, by Sec. 11 of Ch. 390.)
  197. 11430.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 7. Ex Parte Communications [11430.10 - 11430.80] ( Article 7 added by Stats. 1995, Ch. 938, Sec. 21. )

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    While a proceeding is pending, certain agency-related people and outside interested persons must not communicate ex parte with the presiding officer about issues in the proceeding unless all parties get notice and a chance to participate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 7. Ex Parte Communications [11430.10 - 11430.80] ( Article 7 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11430.10. (a) While the proceeding is pending there shall be no communication, direct or indirect, regarding any issue in the proceeding, to the presiding officer from an employee or representative of an agency that is a party or from an interested person outside the agency, without notice and opportunity for all parties to participate in the communication. (b) Nothing in this section precludes a communication, including a communication from an employee or representative of an agency that is a party, made on the record at the hearing. (c) For the purpose of this section, a proceeding is pending from the issuance of the agency’s pleading, or from an application for an agency decision, whichever is earlier. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  198. 11430.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 7. Ex Parte Communications [11430.10 - 11430.80] ( Article 7 added by Stats. 1995, Ch. 938, Sec. 21. )

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    A communication otherwise barred by Section 11430.10 is allowed if it is needed for a statutorily authorized ex parte matter, or if it only concerns uncontested procedure or practice, including a continuance request.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 7. Ex Parte Communications [11430.10 - 11430.80] ( Article 7 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11430.20. A communication otherwise prohibited by Section 11430.10 is permissible in any of the following circumstances: (a) The communication is required for disposition of an ex parte matter specifically authorized by statute. (b) The communication concerns a matter of procedure or practice, including a request for a continuance, that is not in controversy. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  199. 11430.30.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 7. Ex Parte Communications [11430.10 - 11430.80] ( Article 7 added by Stats. 1995, Ch. 938, Sec. 21. )

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    Certain otherwise prohibited communications to the presiding officer are allowed in specified circumstances.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 7. Ex Parte Communications [11430.10 - 11430.80] ( Article 7 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11430.30. A communication otherwise prohibited by Section 11430.10 from an employee or representative of an agency that is a party to the presiding officer is permissible in any of the following circumstances: (a) The communication is for the purpose of assistance and advice to the presiding officer from a person who has not served as investigator, prosecutor, or advocate in the proceeding or its preadjudicative stage. An assistant or advisor may evaluate the evidence in the record but shall not furnish, augment, diminish, or modify the evidence in the record. (b) The communication is for the purpose of advising the presiding officer concerning a settlement proposal advocated by the advisor. (c) The communication is for the purpose of advising the presiding officer concerning any of the following matters in an adjudicative proceeding that is nonprosecutorial in character: (1) The advice involves a technical issue in the proceeding and the advice is necessary for, and is not otherwise reasonably available to, the presiding officer, provided the content of the advice is disclosed on the record and all parties are given an opportunity to address it in the manner provided in Section 11430.50. (2) The advice involves an issue in a proceeding of the San Francisco Bay Conservation and Development Commission, California Tahoe Regional Planning Agency, Delta Protection Commission, Water Resources Control Board, or a regional water quality control board. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)
  200. 11430.40.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 7. Ex Parte Communications [11430.10 - 11430.80] ( Article 7 added by Stats. 1995, Ch. 938, Sec. 21. )

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    If a person receives a prohibited type of communication before serving as presiding officer while the proceeding is pending, they must promptly disclose it on the record and let all parties address it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 1. STATE DEPARTMENTS AND AGENCIES [11000 - 11908] ( Part 1 added by Stats. 1945, Ch. 111. ) ## CHAPTER 4.5. Administrative Adjudication: General Provisions [11400 - 11475.70] ( Chapter 4.5 added by Stats. 1995, Ch. 938, Sec. 21. ) ## ARTICLE 7. Ex Parte Communications [11430.10 - 11430.80] ( Article 7 added by Stats. 1995, Ch. 938, Sec. 21. ) ## 11430.40. If, while the proceeding is pending but before serving as presiding officer, a person receives a communication of a type that would be in violation of this article if received while serving as presiding officer, the person, promptly after starting to serve, shall disclose the content of the communication on the record and give all parties an opportunity to address it in the manner provided in Section 11430.50. (Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.)

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