Tag: Administrative Procedure Act
Legislative Interference with the California Administrative Procedure Act
The Legislature, as the lawmaking branch of state government, has the power to delegate some of that lawmaking authority to agencies or departments in the executive branch of state government. This is what we refer to as “delegation of authority.”...
Are Regulations Promulgated or Adopted?
Pardon me in advance for this wonky piece. The Office of Legislative Counsel in California makes grammatical or stylistic changes to statutes when its attorneys come across provisions in California Codes that need revisions. One of those changes is the...
BIG Parent Rally at CA Capitol Protesting Gov. Newsom’s Ongoing COVID School Mandates
Parents from across California showed up at the State Capitol Monday to once again push back against Gov. Gavin Newsom’s COVID-19 vaccine and mask mandate for students. As with the last parent rally in November, moms, dads, children, grandparents, teachers,...
Determining the Validity of Regulations Under the Administrative Procedure Act
The judicial branch in California has the ultimate say over the validity of regulations that are promulgated by the executive branch’s agencies. How do state courts consider the validity of regulations? As an initial matter, in assessing the validity of...
Amended Cal-OSHA Regulation Exemption Bill
On March 3, Senator Connie Leyva (D-Chino) amended her Senate Bill 410 to exempt certain Cal-OSHA regulations from a regulatory impact assessment. The bill would amend Labor Code Section 142.4. Existing law provides that Occupational safety and health standards and...
Attorney General Becerra Files 9 Last Minute Lawsuits Against the Trump Administration
On Tuesday, California Attorney General Xavier Becerra filed nine lawsuits against the Trump Administration, less than 24 hours before the inauguration of President-elect Joe Biden. The filings on Tuesday bring the total number of lawsuits by Becerra, who is President-elect...