ARTICLE 3. Filing and Publication [11343 - 11343.8]
( Article 3 added by Stats. 1979, Ch. 567. )
Every state agency shall:
(a) Transmit to the office for filing with the Secretary of State a certified copy of every regulation adopted or amended by it except one that is a building standard.
(b) Transmit to the office for filing with the Secretary of State a certified copy of every order of repeal of a regulation required to be filed under subdivision (a).
(c) (1) Within 15 days of the office filing a state agency’s regulation with the Secretary of State, post the regulation on its
internet website in an easily marked and identifiable location. The state agency shall keep the regulation on its internet website for at least six months from the date the regulation is filed with the Secretary of State.
(2) Within five days of posting, the state agency shall send to the office the internet website link of each regulation that the agency posts on its
internet website pursuant to paragraph (1).
(3) This subdivision shall not apply to a state agency that does not maintain an internet website.
(d) Deliver to the office, at the time of transmittal for filing a regulation or order of repeal, a citation of the authority pursuant to which it or any part thereof was adopted.
(e) Deliver to the office a copy of the notice of proposed action required by Section
11346.4.
(f) Transmit to the California Building Standards Commission for approval a certified copy of every regulation, or order of repeal of a regulation, that is a building standard, together with a citation of authority pursuant to which it or any part thereof was adopted, a copy of the notice of proposed action required by Section 11346.4, and any other records prescribed by the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code).
(g) Whenever a certification is required by this section, it shall be made by the head of the state agency that is adopting, amending, or repealing the regulation, or by a designee of
the agency head, and the certification and delegation shall be in writing.
(Amended by Stats. 2022, Ch. 48, Sec. 22. (SB 189) Effective June 30, 2022.)
(a) All regulations transmitted to the Office of Administrative Law for filing with the Secretary of State shall conform to the style prescribed by the office.
(b) Regulations approved by the office shall bear an endorsement by the office affixed to the certified copy which is filed with the Secretary of State.
(Amended by Stats. 1994, Ch. 1039, Sec. 12. Effective January 1, 1995.)
The Secretary of State shall endorse on the certified copy of each regulation or order of repeal filed with or delivered to him or her, the time and date of filing and shall maintain a permanent file of the certified copies of regulations and orders of repeal for public inspection.
No fee shall be charged by any state officer or public official for the performance of any official act in connection with the certification or filing of regulations pursuant to this article.
(Repealed and added by Stats. 1994, Ch. 1039, Sec. 14. Effective January 1, 1995.)
Notwithstanding any other law, a state agency that is required to promulgate administrative regulations, including, but not limited to, the State Air Resources Board, the California Environmental Protection Agency, the State Energy Resources Conservation and Development Commission, and the Department of Motor Vehicles, shall take into account vehicle weight impacts and the ability of vehicle manufacturers or vehicle operators to comply with laws limiting the weight of vehicles.
(Added by Stats. 2012, Ch. 771, Sec. 2. (AB 1706) Effective January 1, 2013.)
(a) Except as otherwise provided in subdivision (b), a regulation or an order of repeal required to be filed with the Secretary of State shall become effective on a quarterly basis as follows:
(1) January 1 if the regulation or order of repeal is filed on September 1 to November 30, inclusive.
(2) April 1 if the regulation or order of repeal is filed on December 1 to February 29, inclusive.
(3) July 1 if the regulation or order of repeal is filed on March 1 to May 31, inclusive.
(4) October 1 if the regulation or order of repeal is filed on June 1 to August 31, inclusive.
(b) The effective dates in subdivision (a) shall not apply in all of the following:
(1) The effective date is 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.
(2) 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.
(3) 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.
(4) (A) A regulation adopted by the Fish and Game Commission that is governed by Article 2 (commencing with Section 250) of Chapter 2 of Division 1 of the Fish and Game Code.
(B) A regulation adopted by the Fish and Game Commission that requires a different effective date in order to conform to a federal regulation.
(Amended by Stats. 2016, Ch. 546, Sec. 26. (SB 1473) Effective January 1, 2017.)
Within 10 days from the receipt of printed copies of the California Code of Regulations or of the California Code of Regulations Supplement from the State Printing Office, the office shall file one copy of the particular issue of the code or supplement in the office of the county clerk of each county in this state, or if the authority to accept filings on his or her behalf has been delegated by the county clerk of any county pursuant to Section 26803.5, in the office of the person to whom that authority has been delegated.
(Amended by Stats. 2000, Ch. 1060, Sec. 11. Effective January 1, 2001.)
The filing of a certified copy of a regulation or an order of repeal with the Secretary of State raises the rebuttable presumptions that:
(a) It was duly adopted.
(b) It was duly filed and made available for public inspection at the day and hour endorsed on it.
(c) All requirements of this chapter and the regulations of the office relative to such regulation have been complied with.
(d) The text
of the certified copy of a regulation or order of repeal is the text of the regulation or order of repeal as adopted.
The courts shall take judicial notice of the contents of the certified copy of each regulation and of each order of repeal duly filed.
(Added by renumbering Section 11343.7 by Stats. 1981, Ch. 865, Sec. 10.)
Upon the request of a state agency, the office may file with the Secretary of State and the office may publish in such manner as it believes proper, any regulation or order of repeal of a regulation not required by this article to be filed with the Secretary of State.
(Added by renumbering Section 11343.9 by Stats. 1981, Ch. 865, Sec. 12.)