Office of Administrative Law – Page 2

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...

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...

Tesla Files Complaint with OAL Against Department of Fair Employment and Housing Over Lawsuit Issues

June 7, 2022 1:53 pm

Electric vehicle and clean energy company Tesla filed a complaint with the California Office of Administrative Law (OAL) on Tuesday against the California Department of Fair Employment and Housing (DFEH) over rushed filings of lawsuits, using “underground regulations,” and for...