Chris Micheli – Page 295 – California Globe

Delegated Legislative Authority Under the CA Administrative Procedure Act

October 29, 2021 2:43 amOctober 28, 2021 9:44 pm

Executive branch agencies, whether at the federal or state levels of government, are delegated quasi-legislative authority by the lawmaking branch of government – Congress at the federal level and the Legislature at the state level. The legislative branch of government...

Underground Regulations and California’s Administrative Procedure Act

October 28, 2021 2:15 amOctober 28, 2021 6:44 am

The Office of Administrative Law (OAL) is charged with ensuring that agency and department regulations are “clear, necessary, legally valid, and available to the public.” OAL is responsible for reviewing proposed regulations by California’s more than 200 state agencies and...

Determining Whether Agency Action Is a Regulation

October 27, 2021 2:24 amOctober 26, 2021 8:18 pm

California’s Administrative Procedure Act (APA) sets forth the process for executive branch administrative agencies to promulgate regulations. These formal actions can add, amend or repeal regulations that are contained in the Code of California Regulations. As a threshold matter, one...

Emergency Regulations Under the APA

October 26, 2021 2:45 amOctober 25, 2021 9:17 pm

Under California’s Administrative Procedure Act (APA), there are two forms of rulemaking: regular and emergency. The emergency rulemaking process has different requirements, but generally includes a brief public notice period, a brief public comment period, review by the California Office...

Economic Impact Analysis Under the APA

October 25, 2021 2:27 amOctober 24, 2021 6:38 pm

As part of California’s Administrative Procedure Act (APA), executive branch agencies that promulgate regulations are required to conduct an economic impact analysis. What is that analysis and how have the courts interpreted agency actions to comply with this statutory mandate?...

Public Hearings Under the Administrative Procedure Act

October 23, 2021 4:08 pmOctober 24, 2021 8:58 am

As part of California’s Administrative Procedure Act (APA), the rulemaking bodies of the executive branch of state government must conduct a public hearing on a proposed regulation if requested by a member of the public. Pursuant to Government Code Section...

General Provisions of the California Administrative Procedure Act

October 23, 2021 2:15 amOctober 22, 2021 9:26 pm

California’s Administrative Procedure Act (APA) provides the formal rules that must be followed by executive branch state agencies when promulgating regulations. The APA is found in California’s Government Code, Title 2 (which covers the Government of the State of California),...