(a)No state agency shall issue, utilize, enforce, or attempt to enforce any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, which is a regulation as defined in Section 11342.600, unless the guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule has been adopted as a regulation and filed with the Secretary of State pursuant to this chapter.
(b)If the office is
notified of, or on its own, learns of the issuance, enforcement of, or use of, an agency guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule that has not been adopted as a regulation and filed with the Secretary of State pursuant to this chapter, the office may issue a determination as to whether the guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, is a regulation as defined in Section 11342.600.
(c)The office shall do all of the following:
(1)File its determination upon issuance with the Secretary of State.
(2)Make its determination known to the agency, the Governor, and the Legislature.
(3)Publish its determination in the California
Regulatory Notice Register within 15 days of the date of issuance.
(4)Make its determination available to the public and the courts.
(d)Any interested person may obtain judicial review of a given determination by filing a written petition requesting that the determination of the office be modified or set aside. A petition shall be filed with the court within 30 days of the date the determination is published.
(e)A determination issued by the office pursuant to this section shall not be considered by a court, or by an administrative agency in an adjudicatory proceeding if all of the following occurs:
(1)The court or administrative agency proceeding involves the party that sought the determination from the office.
(2)The proceeding began prior to the party’s request for the office’s determination.
(3)At issue in the proceeding is the question of whether the guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule that is the legal basis for the adjudicatory action is a regulation as defined in Section 11342.600.
Notes of Decisions
People v. Medina, 171 Cal. App. 4th 805 (Cal. Ct. App. 2009).
· cites it 2× “(Gov. Code, § 11340.5, subds. (a), (b).) The Office of Administrative Law (OAL) is charged with, among other functions, enforcing this requirement.”
Reilly v. Superior Court, 304 P.3d 1071 (Cal. 2013).
“” (Gov. Code, § 11340.5, subds. (a) & (b).) The APA defines regulations as “every rule, regulation, order, or standard of general application .”
Morning Star Co. v. State Bd. of Equalization, 132 P.3d 249 (Cal. 2006).
“” (Gov. Code, § 11340.5, subd. (a).) *333 “If a rule constitutes a ‘regulation’ within the meaning of the APA (other than an ‘emergency regulation,’ which may not remain in effect more than 120 days) it may not be adopted, amended, or repealed except in conformity with ‘basic…”
In Re Ronje, 179 Cal. App. 4th 509 (Cal. Ct. App. 2009).
“In August 2008, the OAL issued a determination that various challenged portions of the 2007 version of the Clinical Evaluator Handbook and Standardized Assessment Protocol met the statutory definition of a regulation and, therefore, should have been adopted pursuant to the…”
Cnty. of San Diego v. Bowen, 166 Cal. App. 4th 501 (Cal. Ct. App. 2008).
· cites it 2× “(Gov. Code, § 11340.5, subd. (a).) The requisite procedures under the APA include providing public notice of the proposed regulatory action; issuing a complete text of the proposed regulation with a statement of the reasons for it; granting interested parties an opportunity to…”
Cnty. of Los Angeles v. California State Water Resources Control Bd., 50 Cal. Rptr. 3d 619 (Cal. Ct. App. 2006).
“” 6 Government Code section 11340.5, subdivision (a) states, “No state agency shall issue, utilize, enforce, or attempt to enforce any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, which is a regulation as defined in…”
Pac. Gas & Elec. Co. v. Dep't of Water Resources, 2003 Cal. Daily Op. Serv. 8886 (Cal. Ct. App. 2003).
“Thus, Government Code section 11340.5, subdivision (a), provides: “No state agency shall issue, utilize, enforce, or attempt to enforce any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other mle, which is a regulation as defined…”
California Advocates for Nursing Home Reform v. Bonta, 130 Cal. Rptr. 2d 823 (Cal. Ct. App. 2003).
“600, unless the guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule has been adopted as a regulation and filed with the Secretary of State .”
Capen v. Shewry, 65 Cal. Rptr. 3d 890 (Cal. Ct. App. 2007).
“(Gov. Code, § 11340.5, subd. (a) . . . .)” (Tidewater, supra, 14 Cal.”
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