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AB-338 Regulations: legislative validation: effective date.(2011-2012)

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AB338:v97#DOCUMENT

Amended  IN  Senate  February 17, 2012
Amended  IN  Assembly  April 15, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 338


Introduced  by  Assembly Member Wagner

February 10, 2011


An act to amend Sections 11343.4 and 11349.3 of the Government Code, relating to regulations.


LEGISLATIVE COUNSEL'S DIGEST


AB 338, as amended, Wagner. Regulations: legislative validation: effective date.
The Administrative Procedure Act governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. That act requires the office to transmit a copy of a regulation to the Secretary of State for filing if the office approves the regulation or fails to act on it within 30 days. That act provides that a regulation or an order of repeal of a regulation becomes effective on the 30th day after it is filed with the Secretary of State, unless prescribed conditions occur.
This bill would require the office to also submit to the Legislature for review a copy of each disapproved regulation where the basis for that disapproval was a determination that the agency exceeded its statutory authority in adopting the regulation. This bill would also require that a regulation become effective on the 90th 60th day after it is filed with the Secretary of State, unless prescribed conditions occur.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11343.4 of the Government Code is amended to read:

11343.4.
 A regulation or an order of repeal required to be filed with the Secretary of State shall become effective on the 90th 60th day after the date of filing unless:
(a) Otherwise specifically provided by the statute pursuant to which the regulation or order of repeal was adopted, in which event it becomes effective on the day prescribed by the statute.
(b) A later date is prescribed by the state agency in a written instrument filed with, or as part of, the regulation or order of repeal.
(c) The agency makes a written request to the office demonstrating good cause for an earlier effective date, in which case the office may prescribe an earlier date.

SEC. 2.

 Section 11349.3 of the Government Code is amended to read:

11349.3.
 (a) The office shall either approve a regulation submitted to it for review and transmit it to the Secretary of State for filing or disapprove it within 30 working days after the regulation has been submitted to the office for review. If the office fails to act within 30 days, the regulation shall be deemed to have been approved and the office shall transmit it to the Secretary of State for filing.
(b) (1) If the office disapproves a regulation, it shall return it to the adopting agency within the 30-day period specified in subdivision (a) accompanied by a notice specifying the reasons for disapproval. Within seven calendar days of the issuance of the notice, the office shall provide the adopting agency with a written decision detailing the reasons for disapproval. No regulation shall be disapproved except for failure to comply with the standards set forth in Section 11349.1 or for failure to comply with this chapter.
(2) The office shall submit a copy of any disapproved regulation to the Legislature where the office disapproved the regulation because it found that the agency exceeded its statutory authority in adopting the regulation.
(c) If an agency determines, on its own initiative, that a regulation submitted pursuant to subdivision (a) should be returned by the office prior to completion of the office’s review, it may request the return of the regulation. All requests for the return of a regulation shall be memorialized in writing by the submitting agency no later than one week following the request. Any regulation returned pursuant to this subdivision shall be resubmitted to the office for review within the one-year period specified in subdivision (b) of Section 11346.4 or shall comply with Article 5 (commencing with Section 11346) prior to resubmission.
(d) The office shall not initiate the return of a regulation pursuant to subdivision (c) as an alternative to disapproval pursuant to subdivision (b).