California Administrative Code

The arbitrator shall schedule the date, time, and place of hearing and notify all Parties.

The arbitrator has exclusive discretion to issue subpoenas and/or subpoena duces tecum. There shall be no right to take depositions, issue interrogatories, or subpoena persons or documents.

“Business and Industrial Development Corporations Law” means Division 15 (commencing with Section 31000) of the Financial Code.

The Arbitration hearings shall be open to the public unless the arbitrator, in his or her exclusive discretion, determines that the attendance of individuals or groups of individuals would disrupt or delay the orderly conduct or timely completion of the proceedings.

(a) The final decision shall be in writing and signed by the arbitrator. It shall include a Statement of the Factual and Legal Basis for the decision, addressing the issues raised in the Detailed Written Statement(s) of Protest, and shall include an order upholding or denying the…

(a) For protests not determined Frivolous by Procurement: (1) If the arbitrator denies the protest, Protestant(s) will be liable for all costs of the arbitration. (2) If the arbitrator upholds the protest, the Contracting Department shall pay for all costs of the arbitration and …

The grounds for judicial review shall be as set forth in Chapter 4 of Title 9 of Part III of the Code of Civil Procedure (commencing with section 1285).

(a) A party desiring a transcript of the proceedings shall contact the OAH Transcript Clerk to make arrangements to pay for preparation of the transcript. Prior to preparation of the transcript, a deposit equal to the estimated cost of the transcript shall be paid. Preparation of…

In examining a regulation for compliance with the “clarity” requirement of Government Code section 11349.1, OAL shall apply the following standards and presumptions: (a) A regulation shall be presumed not to comply with the “clarity” standard if any of the following conditions ex…

(a) “Incorporation by reference” means the method whereby a regulation printed in the California Code of Regulations makes provisions of another document part of that regulation by reference to the other document. (b) Material proposed for “incorporation by reference” shall be re…

For purposes of this chapter: (a) “Agency” has the meaning given to that term in Section 11342.520 of the code. (b) “As estimated by the agency” means the agency has estimated the economic impact of a proposed action in the manner prescribed by section 2003. (c) “Code” means the …

(a)(1) An agency that anticipates promulgating a major regulation shall provide the department, not later than February 1 of each calendar year, with a list of all major regulations that it anticipates proposing during that entire calendar year. The information shall be provided …

(a) An agency that anticipates promulgating a major regulation as defined in section 2000 shall, pursuant to Section 11346.3(f) of the code, submit its completed SRIA to the department within the following time frame: (1) Not less than 60 days prior to filing a notice of proposed…

(a) In conducting the SRIA required by Section 11346.3(c) of the code, an agency shall use an economic impact method and approach that has all of the following capabilities: (1) Can estimate the total economic effects of changes due to regulatory policies over a multi-year time p…

When an agency fails to comply in whole or in part with this chapter, the department shall identify in its comments the area(s) where the agency is out of compliance.

(a) The following definitions shall apply to the regulations contained in this chapter: (1) “Underground regulation” means any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, including a rule governing a state agency pro…

(a) A written petition may be submitted to OAL alleging that a state agency has issued, used, enforced, or attempted to enforce an underground regulation and seeking a determination from OAL pursuant to Section 11340.5 of the Government Code. If mailed or personally delivered, th…

(a) Upon receipt of a written petition submitted pursuant to this chapter: (1) Within 60 calendar days of receipt of a written petition, OAL will determine if the petition is complete. If the petition is incomplete, OAL will notify the petitioner in writing what is missing from t…

(a)(1) Any action of OAL pursuant to this chapter in connection with a petition shall be suspended if, prior to filing its determination with the Secretary of State, OAL receives a written certification from the challenged agency that it will not issue, use, enforce, or attempt t…

(a) The notice of proposed adoption or amendment of a regulation shall include a determination as to whether or not the adoption or amendment affects small business. For purposes of this section, an adoption or amendment affects small business if a small business within the meani…

(a) A state agency may submit documents electronically to OAL using the OAL eSubmissions Portal, as permitted by sections 5, 6.5, 50, and 100. The OAL eSubmissions Portal is accessed at https://cadgs.sharepoint.com/sites/OAL-eSubmissions. (b) In order to submit documents electron…

Changes to the original text of a regulation shall be deemed to be “nonsubstantial,” as that term is used in Government Code Section 11346.8, if they clarify without materially altering the requirements, rights, responsibilities, conditions, or prescriptions contained in the orig…

Changes to the original text of a regulation shall be deemed to be “sufficiently related,” as that term is used in Government Code Section 11346.8, if a reasonable member of the directly affected public could have determined from the notice that these changes to the regulation co…

“Business day” means any day other than a holiday.

(a) At least 15 calendar days prior to the adoption of a change to a regulation required to be made available to the public by Government Code section 11346.8(c), the rulemaking agency shall mail a notice stating the period within which comments will be received together with a c…

(a) Changes to regulations in accordance with Government Code Section 11346.8(c) shall be made using a uniform method and shall illustrate accurately all changes to the original text. (b) Methods for illustrating such changes may include but are not limited to the following: (1) …

Unless the emergency situation clearly poses such an immediate, serious harm that delaying action to allow public comment would be inconsistent with the public interest, the notice required by Government Code section 11346.1(a) shall contain the following or substantially similar…

(a) Each Friday is designated as the publication date of the California Regulatory Notice Register. (b) At least ten calendar days before the desired publication date of any notice, an agency shall submit to OAL: (1) For hard-copy submissions, two copies of the Form 400 with Part…

(a) For all emergency regulatory actions promulgated in accordance with Government Code section 11346.1, the agency must: (1) Prepare the documentation described in subsection (b); and either (A) Submit one hard copy of the documentation along with hard copies of all documents de…

(a) Readoption of an emergency regulation pursuant to Government Code section 11346.1(h) requires sending a notice of the proposed regulatory action pursuant to Government Code section 11346.1(a)(2). (b) In addition to fulfilling the requirements for submission of regulatory acti…

(a) OAL may consider comments submitted directly to OAL by the public in connection with emergency regulation reviews, including the review of an emergency regulation proposed to be readopted. OAL shall not consider comments submitted directly to OAL by the public when OAL is rev…

“Certified public accountant” includes public accountant.

(a) When a regulation adopted as an emergency is submitted to OAL with the certificate of compliance and the rulemaking file, and the rulemaking file documents that the agency has complied with Government Code sections 11346.2 through 11346.9, OAL shall: (1) review the emergency …

(a) For all regulatory actions submitted in hard copy to OAL for publication in the California Code of Regulations and/or transmittal to the Secretary of State for filing, the agency must include: (1) Three copies of the certified regulation text, including each document incorpor…

(a) For all regulatory actions submitted electronically to OAL for publication in the California Code of Regulations and/or transmittal to the Secretary of State for filing, the agency must include: (1) One electronic file containing the following documents: (A) One electronic co…

The number assigned by OAL to a proposed regulatory action (“Regulatory Action Number”) shall be included by the agency in all subsequent documents submitted to OAL concerning that particular regulatory action.

(a) For the purposes of this section: (1) the term “regulation” includes authority and reference citations; and (2) the term “final text” refers to the certified copy or copies of the regulation or order of repeal transmitted to OAL for filing with the Secretary of State in accor…

(a) In re-submitting a regulation to OAL previously withdrawn or disapproved pursuant to Government Code section 11349.3 or 11349.4, an agency may incorporate by reference all or any part of the prior rulemaking record. (b) To incorporate items from a prior rulemaking record, the…

“City” means a city or a city and county.

(a) A person shall be deemed to have expressly indicated a willingness to receive a notice by means of electronic communication, within the meaning of Government Code section 11340.85(b)(3), if: (1) The person specifically requested that the agency deliver its notice(s) by means …

(a) The rulemaking record shall contain a statement confirming that the agency complied with the provisions of Government Code section 11346.4(a)(1) through (4) and (6) regarding the mailing and posting of notice of proposed action at least 45 days prior to the public hearing, if…

(a) An agency may provide notice by means of electronic communication only if: (1) the person on the agency's distribution list is deemed to have expressly indicated a willingness to receive notice(s) by means of electronic communication pursuant to section 85, subsection (a); an…

“Holiday” means any of the holidays provided for in Government Code Sections 6700 and 6701 and every Saturday.

(a) The following definitions shall apply to the regulations contained in this chapter: (1) “APA” means the part of the California Administrative Procedure Act appearing in California Government Code, Title 2, division 3, part 1, chapter 3.5, commencing with section 11340, which …

(a) In reviewing the rulemaking record for compliance with subsection (b), OAL shall not dispute the decision of a rulemaking agency to adopt a particular regulatory provision when the information provided as required by subsection (b) is also adequate to support one or more alte…

(a) Subject to the approval of OAL as provided in subsections (c) and (d), an agency may add to, revise or delete text published in the California Code of Regulations without complying with the rulemaking procedure specified in article 5 of the APA only if the change does not mat…

To “include” means by way of enlargement and not by way of limitation.

(a) If the arbitrator determines that a prehearing conference is necessary, OAH shall set the time and place and notify Protestant(s), the Awardee, and Procurement at least 5 working days prior to the prehearing conference. (b) The prehearing conference shall be held to identify …