Section 5058.2 Of Chapter 2. The Secretary Of The Department Of Corrections And Rehabilitation From California Penal Code >> Title 7. >> Part 3. >> Chapter 2.
5058.2
. (a) Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code does not apply to a
department action or policy implementing an action, that is based on
a determination by the director that there is a compelling need for
immediate action, and that unless the action is taken, serious
injury, illness, or death is likely to result. The action, or the
policy implementing the action, may be taken provided that the
following conditions shall subsequently be met:
(1) A written determination of imminent danger shall be issued
describing the compelling need and why the specific action or actions
must be taken to address the compelling need.
(2) The written determination of imminent danger shall be mailed
within 10 working days to every person who has filed a request for
notice of regulatory actions with the department and to the Chief
Clerk of the Assembly and the Secretary of the Senate for referral to
the appropriate policy committees.
(b) Any policy in effect pursuant to a determination of imminent
danger shall lapse by operation of law 15 calendar days after the
date of the written determination of imminent danger unless an
emergency regulation is filed with the Office of Administrative Law
pursuant to Section 5058.3. This section shall in no way exempt the
department from compliance with other provisions of law related to
fiscal matters of the state.