This chapter does not apply to any of the following:
(a)An agency in the judicial or legislative branch of the state government.
(b)A legal ruling of counsel issued by the Franchise Tax Board, State Board of Equalization, or the California Department of Tax and Fee Administration.
(c)A form prescribed by a state agency or any instructions relating to the use of the form, but this provision is not a limitation on any requirement that a regulation be adopted pursuant to this chapter when one is needed to implement the law under which the form is issued.
(d)A regulation that relates only to the internal management of the state agency.
(e)A regulation that establishes criteria or guidelines to be used by the staff of an agency in performing an audit, investigation, examination, or inspection, settling a commercial dispute, negotiating a commercial
arrangement, or in the defense, prosecution, or settlement of a case, if disclosure of the criteria or guidelines would do any of the following:
(1)Enable a law violator to avoid detection.
(2)Facilitate disregard of requirements imposed by law.
(3)Give clearly improper advantage to a person who is in an adverse position to the state.
(f)A regulation that embodies the only legally tenable interpretation of a provision of law.
(g)A regulation that establishes or fixes rates, prices, or tariffs.
(h)A regulation that relates to the use of public works, including streets and highways, when the effect of the regulation is
indicated to the public by means of signs or signals or when the regulation determines uniform standards and specifications for official traffic control devices pursuant to Section 21400 of the Vehicle Code.
(i)A regulation that is directed to a specifically named person or to a group of persons and does not apply generally throughout the state.
Notes of Decisions
Syngenta Corp Prot., Inc. v. Helliker, 42 Cal. Rptr. 3d 191 (Cal. Ct. App. 2006).
· cites it 5× “” (Gov. Code, § 11340.9, subd. (f).) The Department does not expressly rely on this exemption, but relies on section 100 of title 1 of the California Code of Regulations, a regulation adopted by the Office of Administrative Law.”
Sara M. v. Superior Court, 116 P.3d 550 (Cal. 2005).
· cites it 2× “These procedures include internal review as well as notice to the public and an opportunity for public comment whenever the proposed rule is other than a minor or technical change.”
Ctr. for Biological Diversity v. Dep't of Fish & Wildlife, 234 Cal. App. 4th 214 (Cal. Ct. App. 2015).
· cites it 3× “” (Gov. Code, § 11340.9, subd. (f).) We turn to decide whether the three mitigation measures contested by the Association qualify under either of these exemptions to the APA.”
Missionary Guadalupanas of the Holy Spirit Inc. v. Rouillard, 251 Cal. Rptr. 3d 1 (Cal. Ct. App. 5th 2019).
· cites it 2× “" ( Gov. Code, § 11340.9, subd. (f).) This exception applies "only in situations where the law 'can reasonably be read only one way' [citation], such that the agency's actions or decisions in applying the law are essentially rote, ministerial, or otherwise patently compelled by,…”
Morning Star Co. v. State Bd. of Equalization, 132 P.3d 249 (Cal. 2006).
· cites it 2× “” (Gov. Code, § 11340.9, subd. (f).) Morning Star is therefore entitled to relief declaring the Department’s regulation invalid and remanding this action for further proceedings consistent with this opinion, as detailed below.”
California Advocates for Nursing Home Reform v. Bonta, 130 Cal. Rptr. 2d 823 (Cal. Ct. App. 2003).
· cites it 3× “It is true that the APA is inapplicable to a regulation that “embodies the only legally tenable interpretation of a provision of law” (Gov. Code, § 11340.9, subd. (f)), but DHS has never relied upon or even cited that statute or made that argument; nor, as will be seen, could…”
California Sch. Boards Ass'n v. State Bd. of Educ., 186 Cal. App. 4th 1298 (Cal. Ct. App. 2010).
· cites it 2× “” (Gov. Code, § 11340.9, subd. (d).) 2. Whether Regulations Must Be Promulgated for the Policies and Procedures Governing Review and Approval of Statewide Charter Petitions Cannot Be Determined on Demurrer Petitioners have alleged that, in considering statewide charter…”
Capen v. Shewry, 65 Cal. Rptr. 3d 890 (Cal. Ct. App. 2007).
· cites it 2× “) An unwritten, generally applicable interpretation of an ambiguous statute “amountfs] to a ‘regulation’ ” subject to the APA.”
Bay Area Citizens v. Ass'n of Bay Area Governments, 248 Cal. App. 4th 966 (Cal. Ct. App. 2016).
“” (Gov. Code, § 11340.9, subd. (1).) As we have discussed, the only legally tenable interpretation of Senate Bill 375 is that it requires MPOs to develop regional land use and transportation strategies that result in emissions reductions that are in addition to the reductions…”
Wilson v. Cnty. of San Diego, 2001 Cal. Daily Op. Serv. 7371 (Cal. Ct. App. 2001).
“) For instance, the Act does not apply to “[a] regulation that relates only to the internal management of the state agency” or “[a] regulation that is directed to a specifically named person or to a group of persons and does not apply generally throughout the state.”
Bollay v. Off. of Admin. Law, 41 Envtl. L. Rep. (Envtl. Law Inst.) 20102 (Cal. Ct. App. 2011).
· cites it 2× “” (Gov. Code, § 11340.9, subd. (f).) The Lands Commission argues that its policy is required because of its legal duty to protect the state’s tidelands.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.