Section 5058.3 Of Chapter 2. The Secretary Of The Department Of Corrections And Rehabilitation From California Penal Code >> Title 7. >> Part 3. >> Chapter 2.
5058.3
. (a) Emergency adoption, amendment, or repeal of a
regulation by the director shall be conducted pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code, except with respect to the following:
(1) Notwithstanding subdivision (e) of Section 11346.1 of the
Government Code, the initial effective period for an emergency
adoption, amendment, or repeal of a regulation shall be 160 days.
(2) Notwithstanding subdivision (b) of Section 11346.1 of the
Government Code, no showing of emergency is necessary in order to
adopt, amend, or repeal an emergency regulation if the director
instead certifies, in a written statement filed with the Office of
Administrative Law, that operational needs of the department require
adoption, amendment, or repeal of the regulation on an emergency
basis. The written statement shall include a description of the
underlying facts and an explanation of the operational need to use
the emergency rulemaking procedure. This paragraph provides an
alternative to filing a statement of emergency pursuant to
subdivision (b) of Section 11346.1 of the Government Code. It does
not preclude filing a statement of emergency. This paragraph only
applies to the initial adoption and one readoption of an emergency
regulation.
(3) Notwithstanding subdivision (b) of Section 11349.6 of the
Government Code, the adoption, amendment, or repeal of a regulation
pursuant to paragraph (2) shall be reviewed by the Office of
Administrative Law within 20 calendar days after its submission. In
conducting its review, the Office of Administrative Law shall accept
and consider public comments for the first 10 calendar days of the
review period. Copies of any comments received by the Office of
Administrative Law shall be provided to the department.
(4) Regulations adopted pursuant to paragraph (2) of subdivision
(a) are not subject to the requirements of paragraph (2) of
subdivision (a) of Section 11346.1 of the Government Code.
(b) It is the intent of the Legislature, in authorizing the
deviations in this section from the requirements and procedures of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, to authorize the department to
expedite the exercise of its power to implement regulations as its
unique operational circumstances require.