Section 11346.8 Of Article 5. Public Participation: Procedure For Adoption Of Regulations From California Government Code >> Division 3. >> Title 2. >> Part 1. >> Chapter 3.5. >> Article 5.
11346.8
. (a) If a public hearing is held, both oral and written
statements, arguments, or contentions, shall be permitted. The agency
may impose reasonable limitations on oral presentations. If a public
hearing is not scheduled, the state agency shall, consistent with
Section 11346.4, afford any interested person or his or her duly
authorized representative, the opportunity to present statements,
arguments or contentions in writing. In addition, a public hearing
shall be held if, no later than 15 days prior to the close of the
written comment period, an interested person or his or her duly
authorized representative submits in writing to the state agency, a
request to hold a public hearing. The state agency shall, to the
extent practicable, provide notice of the time, date, and place of
the hearing by mailing the notice to every person who has filed a
request for notice thereby with the state agency. The state agency
shall consider all relevant matter presented to it before adopting,
amending, or repealing any regulation.
(b) In any hearing under this section, the state agency or its
duly authorized representative shall have authority to administer
oaths or affirmations. An agency may continue or postpone a hearing
from time to time to the time and at the place as it determines. If a
hearing is continued or postponed, the state agency shall provide
notice to the public as to when it will be resumed or rescheduled.
(c) No state agency may adopt, amend, or repeal a regulation which
has been changed from that which was originally made available to
the public pursuant to Section 11346.5, unless the change is (1)
nonsubstantial or solely grammatical in nature, or (2) sufficiently
related to the original text that the public was adequately placed on
notice that the change could result from the originally proposed
regulatory action. If a sufficiently related change is made, the full
text of the resulting adoption, amendment, or repeal, with the
change clearly indicated, shall be made available to the public for
at least 15 days before the agency adopts, amends, or repeals the
resulting regulation. Any written comments received regarding the
change must be responded to in the final statement of reasons
required by Section 11346.9.
(d) No state agency shall add any material to the record of the
rulemaking proceeding after the close of the public hearing or
comment period, unless the agency complies with Section 11347.1. This
subdivision does not apply to material prepared pursuant to Section
11346.9.
(e) If a comment made at a public hearing raises a new issue
concerning a proposed regulation and a member of the public requests
additional time to respond to the new issue before the state agency
takes final action, it is the intent of the Legislature that
rulemaking agencies consider granting the request for additional time
if, under the circumstances, granting the request is practical and
does not unduly delay action on the regulation.