California Administrative Procedure Act

The Food on Your Table is Literally at Stake

August 24, 2024 3:05 amAugust 24, 2024 9:45 am

The unintended consequences of the Sustainable Groundwater Management Act (SGMA) continue to reverberate across the Central Valley. On Tuesday, August 20, 2024 there was a court hearing at the Kings County Superior Court that further tested the reach of state...

Frequently Asked Questions about Regular Versus Emergency Rulemaking in California

January 9, 2024 2:45 amJanuary 9, 2024 2:46 am

What are the types of rulemaking in California? According to the Office of Administrative Law (OAL), the two types of rulemaking procedures that a state agency can pursue are regular or emergency. What is basically required for regular rulemaking? The...

How Are California Regulations Treated by State Courts?

November 19, 2023 2:45 amNovember 19, 2023 2:46 am

Under the California Administrative Procedure Act (APA), interested parties are authorized to file a lawsuit in order to challenge the validity of a regulation. Under this approach, any interested person may obtain a judicial declaration regarding the validity of any...

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...

Administrative Regulations by the State Personnel Board

November 16, 2022 11:47 amNovember 16, 2022 11:49 am

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...

State Agencies Notify Bill Authors of Rulemaking

November 11, 2022 3:30 pmNovember 11, 2022 2:56 pm

Did you know that executive branch state agencies are required to notify state legislators about rulemaking projects related to the legislator’s bill? California’s Government Code contains the Administrative Procedure Act, as well as imposes many duties and responsibilities on state...

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...