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.
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amended, or repealed pursuant to the procedure specified in Article 5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.
(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.
(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.
This subdivision shall not limit the review of regulations under
this article, including, but not limited to, the conformity of
rulemaking files to subdivisions (a) and (b) of Section 11347.3.
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.
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).
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.
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.
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.
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.
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.
(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.
(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.
This subdivision shall not limit the review of regulations under
this article, including, but not limited to, the conformity of
rulemaking files to subdivisions (a) and (b) of Section 11347.3.
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.
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).
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.
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.
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.
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.
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.
(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.
(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.
This subdivision shall not limit the review of regulations under
this article, including, but not limited to, the conformity of
rulemaking files to subdivisions (a) and (b) of Section 11347.3.
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.
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).
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.
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.
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.
