APA – California Globe

Frequently Asked Questions about of OAL’s Standards of Review for Regulations

April 16, 2024 2:30 amApril 16, 2024 2:31 am

Does state law dictate how OAL reviews proposed regulations? Yes, when the Office of Administrative Law (OAL) reviews regulations, its review is dictated by the California Administrative Procedure Act (APA) in the California Government Code. What does state law provide?...

Frequently Asked Questions about the Rulemaking Process in California

October 30, 2023 3:05 amOctober 30, 2023 3:06 am

For those not familiar, I put together the following questions and answers for those queries that are most often posed regarding the rulemaking process in California. Which executive branch entity oversees the California rulemaking process to ensure state agencies and...

More on Statutory Exemptions from California’s Administrative Procedure Act

May 20, 2023 7:11 amMay 20, 2023 7:18 am

I have written in the past about the Legislature unfortunately creating statutory exemptions from California’s Administrative Procedure Act (APA), which governs the rulemaking activities of California’s more than 200 executive branch agencies, departments, boards, and commissions. A fundamental purpose of...

SB 279: Rulemaking Process on ‘Major Regulation’

March 26, 2023 5:51 pmMarch 26, 2023 5:57 pm

Senate Bill 279 by Sen. Roger Niello (R-Sacramento) proposes to make changes to the public comment process during executive branch administrative agency rulemaking proceedings. SB 279 would amend Government Code Section 11346.3 that is part of California’s Administrative Procedure Act (APA)...

What Is Exempt Under California’s Administrative Procedure Act?

November 10, 2022 2:49 pmNovember 10, 2022 2:53 pm

California’s Administrative Procedure Act (APA), which sets forth the rules that California’s more than 200 agencies, departments, boards, and commissions that adopt regulations must follow, does not apply in all instances. Government Code Section 11340.9 specifies that the APA does...

A Better Approach on Bills and the APA Process for Future Regulations?

September 23, 2022 3:10 pmSeptember 23, 2022 3:14 pm

While I continue to express significant concerns about exempting executive branch administrative agencies from the rulemaking process contained in California’s Administrative Procedure Act (APA), I have come across some bills pending on Governor Newsom’s Desk for final action that take...

Does the Legislature Violate the Separation of Powers Doctrine by Exempting Regulations from the APA Process?

July 29, 2022 6:23 amJuly 29, 2022 6:29 am

I have previously raised public policy concerns with the Legislature, when delegating part of its constitutional lawmaking authority to the executive branch and its administrative agencies, exempting regulations from complying with the California Administrative Procedure Act (APA). The fundamental goal...