Office of Administrative Law – Page 2

Frequently Asked Questions about Underground Regulations in California

February 28, 2024 2:45 amFebruary 28, 2024 2:46 am

Is there a law in California regarding “underground regulations”? Yes, in Title 1 of the California Code of Regulations, there are a number of regulations under the purview of the Office of Administrative Law (OAL). Chapter 2 of Title 1...

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...

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...

California State Capitol dome shines against blue sky

Key Considerations in California Emergency Rulemaking

November 28, 2023 2:32 amNovember 28, 2023 2:33 am

A California state agency needs to provide notice of an emergency regulation that the agency proposed. This must occur at least five working days before submitting an emergency regulation to the Office of Administrative Law (OAL). The adopting agency is...

What Are Rulemaking Appeals to the Governor’s Office?

November 26, 2023 2:30 amNovember 26, 2023 2:31 am

When and why does a regulatory agency appeal certain decisions to the Governor’s Office? While the last time occurred in 2007, a state agency can appeal the rejection of a regulation by the Office of Administrative Law (OAL). OAL must...

What Does a Rulemaking Agency Do with Public Comments?

November 24, 2023 2:45 amNovember 24, 2023 2:46 am

As part of the formal regular rulemaking process, the rulemaking agency will receive written and oral comments. What must the rulemaking agency do with those comments? Fundamentally, a rulemaking agency is required to summarize and respond to timely received comments...

What Are Section 100 Changes?

November 20, 2023 6:16 amNovember 20, 2023 6:16 am

If you have reviewed California’s executive branch rulemaking activities from the myriad of agencies and departments promulgating regulations in this state, you may have come across a “Section 100” filing. What are those? Basically, changes without regulatory effect are known...