CHAPTER 3.5. Administrative Regulations and Rulemaking

Heading of Chapter 3.5 amended by Stats. 1994, Ch. 1039, Sec. 2.

§§ 11340–11361 · 84 sections

1. ARTICLE 1. General §§ 11340–11342.4 · 14 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 11340.5 (a) No state agency shall issue, utilize, enforce, or attempt to enforce any guideline, criterion, bulletin, manual, instruction, order, standard of general…
   • § 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…
   • § 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…
   • § 11340.85 (a) As used in this section, “electronic communication” includes electronic transmission of written or graphical material by electronic mail, facsimile, or…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 11342.4 The office shall adopt, amend, or repeal regulations for the purpose of carrying out the provisions of this chapter.
2. ARTICLE 2. Definitions §§ 11342.510–11342.610 · 15 sections

   • § 11342.510 Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 11342.520 “Agency” means state agency.
   • § 11342.530 “Building standard” has the same meaning provided in Section 18909 of the Health and Safety Code.
   • § 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…
   • § 11342.540 “Director” means the director of the office.
   • § 11342.545 “Emergency” means a situation that calls for immediate action to avoid serious harm to the public peace, health, safety, or general welfare.
   • § 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…
   • § 11342.550 “Office” means the Office of Administrative Law.
   • § 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.
   • § 11342.570 “Performance standard” means a regulation that describes an objective with the criteria stated for achieving the objective.
   • § 11342.580 “Plain English” means language that satisfies the standard of clarity provided in Section 11349.
   • § 11342.590 “Prescriptive standard” means a regulation that specifies the sole means of compliance with a performance standard by specific actions, measurements, or other…
   • § 11342.595 “Proposed action” means the regulatory action, notice of which is submitted to the office for publication in the California Regulatory Notice Register.
   • § 11342.600 “Regulation” means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order,…
   • § 11342.610 (a) “Small business” means a business activity in agriculture, general construction, special trade construction, retail trade, wholesale trade, services,…
3. ARTICLE 3. Filing and Publication §§ 11343–11343.8 · 8 sections

   • § 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…
   • § 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.…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
4. ARTICLE 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register §§ 11344–11345 · 9 sections

   • § 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,…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 11344.9 (a) Whenever the term “California Administrative Code” appears in law, official legal paper, or legal publication, it means the “California Code of…
   • § 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…
5. ARTICLE 5. Public Participation: Procedure for Adoption of Regulations §§ 11346–11348 · 16 sections

   • § 11346 (a) It is the purpose of this chapter to establish basic minimum procedural requirements for the adoption, amendment, or repeal of administrative regulations.…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 11346.6 (a) This section shall only apply to the following proposed regulations: (1) Regulations proposed by the Department of Rehabilitation. (2) Regulations that…
   • § 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…
   • § 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…
   • § 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…
   • § 11347 (a) If, after publication of a notice of proposed action pursuant to Section 11346.4, but before the notice of proposed action becomes ineffective pursuant to… see note
   • § 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…
   • § 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…
   • § 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…
6. ARTICLE 6. Review of Proposed Regulations §§ 11349–11349.6 · 8 sections

   • § 11349 The following definitions govern the interpretation of this chapter: (a) “Necessity” means the record of the rulemaking proceeding demonstrates by substantial…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
7. ARTICLE 7. Review of Existing Regulations §§ 11349.7–11349.9 · 3 sections

   • § 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…
   • § 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…
   • § 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…
8. ARTICLE 8. Judicial Review §§ 11350–11350.3 · 2 sections

   • § 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…
   • § 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…
9. ARTICLE 9. Special Procedures §§ 11351–11361 · 9 sections

   • § 11351 (a) Except as provided in subdivision (b), Article 5 (commencing with Section 11346), Article 6 (commencing with Section 11349), Article 7 (commencing with…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 11357 (a) The Department of Finance shall adopt and update, as necessary, instructions for inclusion in the State Administrative Manual prescribing the methods that…
   • § 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…
   • § 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…