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Globe Quiz on California Rulemaking Process

T or F: An emergency rulemaking requires a minimum 10-day comment period

By Chris Micheli, April 27, 2023 6:34 am

This quiz is to test your knowledge about California’s Rulemaking Process.

  1. The main principles of the California’s Administrative Procedure Act (APA) are notice to the public and opportunity to be heard.
  1. An underground regulation is one that has complied with the APA process.
  1. The state APA dictates the process to be followed by state agencies in their rulemaking.
  1. There are seven statutory criteria by which OAL evaluates proposed regulations.
  1. Like a bill signed by the Governor, after review and approval by OAL of a regulation, OAL transmits the regulation to the Secretary of State.
  1. Deference is one of the statutory standards of review used by OAL to review proposed regulations.
  1. Any interested person may petition a state agency requesting the adoption, amendment, or repeal of a regulation.
  1. All agencies in the judicial or legislative branches of the state government are exempt from the APA.
  1. A “major regulation” is one that is estimated to have an economic impact in excess of $100 million, as estimated by the rulemaking agency.
  1. A regulation or an order of repeal required to be filed with the Secretary of State becomes effective on a quarterly basis.
  1. Proposed regulations are published in the California Code of Regulations.
  1. The publication of a regulation in the California Code of Regulations or California Code of Regulations Supplement raises a conclusive presumption that the text of the regulation as so published is the text of the regulation adopted.
  1. A regular rulemaking requires a minimum 45-day comment period.
  1. An emergency rulemaking requires a minimum 10-day comment period.
  1. An emergency regulation must contain a finding of an emergency that includes a written statement that contains required information.
  1. A finding of emergency can be based on just expediency or general public need.
  1. Agency publication of an ISOR and FSOR are part of the rulemaking process.
  1. A regular rulemaking project must be completed within one year.
  1. An agency does not have to hold a public hearing on a proposed regular rulemaking project.
  1. Necessity, authority, clarity, consistency, reference, nonduplication, fairness, and economical are the statutory standards of review used by the OAL to evaluate proposed regulations.
  1. The Department of Finance reviews the Standardized Regulatory Impact Analysis prepared by a rulemaking agency.
  1. An appeal of an OAL decision regarding a regulation can be appealed to the Governor’s Office.
  1. If requested by an individual legislator, a state agency must undertake a review of a regulation or group of regulations.
  1. Only those parties that participated in a regular rulemaking project may bring a suit for judicial review of a regulation.
  1. An agency can be exempted from complying with the APA by adopting a regulation after public hearing.

How did you do? The following are the answers:

  1. True
  2. False – an “underground regulation” is one that did not follow the required process pursuant to the APA.
  3. True – as set forth in the Government Code.
  4. False – there are six statutory standards.
  5. True – this is a ministerial act.
  6. False – this is not one of the six standards of review used by OAL.
  7. True – this is permitted under the APA.
  8. True – this exemption is found in the APA.
  9. False – the amount is $50 million.
  10. True – so long as the regulation is filed at least one month before the quarterly date.
  11. False – the CCR is where finalized regulations are published.
  12. False – it creates a rebuttable presumption.
  13. True – as provided for in the APA.
  14. False – it is a minimum 5-day comment period.
  15. True – this requirement is found in the APA.
  16. False – 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.
  17. True – they are the Initial Statement of Reasons and the Final Statement of Reasons.
  18. True – the one year begins at the time of the notice of proposed rulemaking.
  19. False – if any interested person requests a public hearing, the agency must hold one.
  20. False – the first six listed are the actual standards used by OAL.
  21. True – DOF is required to do so “from time to time.”
  22. True – the appeal is specifically made to the Governor’s Legal Affairs Secretary.
  23. False – OAL, 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 the APA.
  24. False – any interested party may do so.
  25. False – an agency can only be exempted from the APA by an enacted statute.
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