California’s Administrative Procedure Act

More on OAL’s Review of Rulemaking Files – The ‘Clarity’ Standard

December 8, 2023 6:59 amDecember 8, 2023 11:29 am

California’s Office of Administrative Law (OAL), unless there is a statutory exemption, is required to review rulemaking files developed by executive branch state agencies when they adopt, amend, or repeal a regulation. Under California’s Administrative Procedure Act (APA), found in...

What Are the Fiscal Analyses Performed in California Rulemaking?

November 22, 2023 6:53 amNovember 22, 2023 6:53 am

A state agency in California is required to estimate the costs of a proposed regulation. The “cost impact” means the amount of a reasonable range of direct costs, or a description of the type and extent of direct costs, that...

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...

Required Review of Regulations Under AB 1996

March 7, 2022 2:39 amMarch 6, 2022 9:35 pm

Assembly Member Ken Cooley (D-Rancho Cordova) introduced Assembly Bill 1996 to require state agency to review existing regulations. AB 1996 would add and repeal Chapter 3.6 (commencing with Section 11366) of Part 1 of Division 3 of Title 2 of...

Are Regulations Promulgated or Adopted?

February 2, 2022 10:30 amFebruary 2, 2022 8:23 am

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...

The Purposes of California’s Administrative Procedure Act

November 2, 2021 2:26 amNovember 2, 2021 6:29 am

California’s Administrative Procedure Act (APA), like its federal counterpart, provides the formal procedures by which the executive branch agencies must conduct their rulemaking activities. What is the purpose of the APA according to the courts of this state? There are...