State Codes and Statutes

Statutes > California > Gov > 11349.7-11349.9

GOVERNMENT CODE
SECTION 11349.7-11349.9



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should not be repealed and shall proceed to seek repeal of the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repealed.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cause why a regulation should not be repealed, the agency shall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.



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.



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.


State Codes and Statutes

Statutes > California > Gov > 11349.7-11349.9

GOVERNMENT CODE
SECTION 11349.7-11349.9



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.



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.



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.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 11349.7-11349.9

GOVERNMENT CODE
SECTION 11349.7-11349.9



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.



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.



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.