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...

Determining Whether Agency Action Is a Regulation

October 27, 2021 2:24 amOctober 26, 2021 8:18 pm

California’s Administrative Procedure Act (APA) sets forth the process for executive branch administrative agencies to promulgate regulations. These formal actions can add, amend or repeal regulations that are contained in the Code of California Regulations. As a threshold matter, one...

Emergency Regulations Under the APA

October 26, 2021 2:45 amOctober 25, 2021 9:17 pm

Under California’s Administrative Procedure Act (APA), there are two forms of rulemaking: regular and emergency. The emergency rulemaking process has different requirements, but generally includes a brief public notice period, a brief public comment period, review by the California Office...

Economic Impact Analysis Under the APA

October 25, 2021 2:27 amOctober 24, 2021 6:38 pm

As part of California’s Administrative Procedure Act (APA), executive branch agencies that promulgate regulations are required to conduct an economic impact analysis. What is that analysis and how have the courts interpreted agency actions to comply with this statutory mandate?...