Administrative Regulations by the State Personnel Board

In the California Government Code, there are administrative regulations that are adopted by the State Personnel Board (SPB). Government Code Section 18210 sets forth a legislative finding and declaration that the purpose of this chapter is to establish basic minimum procedural requirements for the adoption, amendment, or repeal of board regulations.

Government Code Section 18211 specifies that regulations adopted by the State Personnel Board are exempt from the Administrative Procedure Act. Section 18212 provides the same definition of a “regulation” that exists in the APA.

Government Code Section 18213 provides that a regulation dealing with (1) selection and examinations and (2) classification may be adopted without public notice or comment. They are supposed to be reasonably available to all interested parties.

Government Code Section 18214 provides that, except specified types of regulations being adopted, the SPB must prepare and submit to the Office of Administrative Law for publication in the California Regulatory Notice Register 30 days prior to SPB action a notice of the proposed action.

In addition, the SPB must mail a notice of the proposed action 30 days prior to SPB action to members of the Governor’s cabinet, department heads, employee associations, and persons requesting this notice, and make it available to the public upon request.

Government Code Section 18215 provides that regulations concerning the following subject matters are subject to the Administrative Procedure Act:

• Board hearing procedures relating to public testimony and participation, except a procedure that is expressly required by statute.

• Board hearing procedures relating to disciplinary and merit matters, and disability discrimination complaints.

Government Code Section 18216 requires regulations concerning contracting out to be subject to the Administrative Procedure Act.