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Article 3. Filing And Publication of California Government Code >> Division 3. >> Title 2. >> Part 1. >> Chapter 3.5. >> Article 3.
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 Web site in an easily marked and identifiable location. The state agency shall keep the regulation on its Internet Web site 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 Web site link of each regulation that the agency posts on its Internet Web site pursuant to paragraph (1).
(3) This subdivision shall not apply to a state agency that does not maintain an Internet Web site.
(d) Deliver to the office, at the time of transmittal for filing a regulation or order of repeal, six duplicate copies of the regulation or order of repeal, together with 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 State 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.
(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 Web site in an easily marked and identifiable location. The state agency shall keep the regulation on its Internet Web site 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 Web site link of each regulation that the agency posts on its Internet Web site pursuant to paragraph (1).
(3) This subdivision shall not apply to a state agency that does not maintain an Internet Web site.
(d) Deliver to the office, at the time of transmittal for filing a regulation or order of repeal, six duplicate copies of the regulation or order of repeal, together with 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 State 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.
(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.
(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.
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.
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.
(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 pursuant to Article 1 (commencing with Section 200) 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.
(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 pursuant to Article 1 (commencing with Section 200) 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.
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.
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.
(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.
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.
