Cal. Codes » Government Code / TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA / DIVISION 3. EXECUTIVE DEPARTMENT / PART 1. STATE DEPARTMENTS AND AGENCIES / CHAPTER 3.5. Administrative Regulations and Rulemaking / ARTICLE 1. General
California Codes

Cal. Government Code § 11342.1 (2026)

General — Administrative Regulations and Rulemaking

✓ current as of May 2026
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Except as provided in Section 11342.4, nothing in this chapter confers authority upon or augments the authority of any state agency to adopt, administer, or enforce any regulation. Each regulation adopted, to be effective, shall be within the scope of authority conferred and in accordance with standards prescribed by other provisions of law.

Notes of Decisions
Cited in 23 cases (2 in the last 5 years), 1981–2025 · leading case: Ass'n of California Ins. Companies v. Jones, 386 P.3d 1188 (Cal. 2017).
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Ass'n of California Ins. Companies v. Jones, 386 P.3d 1188 (Cal. 2017). · cites it 3× “(Gov. Code, §§ 11342.1, 11342.2.) These contentions implicate interpretation of the relevant statutes, which is a question of law on which this court exercises independent judgment.”
Thurman v. Bayshore Transit Mgmt., Inc., 203 Cal. App. 4th 1112 (Cal. Ct. App. 2012). “435^-36; Gov. Code, §§ 11342.1, 1134.2.) The Bearden court decided that the IWC had exceeded its authority in adopting section 10(E) because section 512 regarding meal periods does not provide a collective bargaining agreement exemption from its requirements.”
California Sch. Boards Ass'n v. State Bd. of Educ., 191 Cal. App. 4th 530 (Cal. Ct. App. 2010). · cites it 2× “2d 841 ]; accord, Gov. Code, §§ 11342.1, 11342.2.) Where regulations are void because of inconsistency or conflict with the governing statute, a court has a duty to strike them down.”
Friends of Sierra Madre v. City of Sierra Madre, 19 P.3d 567 (Cal. 2001). “We also presume, since an administrative regulation may not exceed the scope of authority granted by or be inconsistent with the statute pursuant to which it is promulgated (Gov. Code, §§ 11342.1, 11342.2; Agnew v. State Bd.”
Agnew v. State Bd. of Equalization, 981 P.2d 52 (Cal. 1999). “” (Gov. Code, § 11342.1.) “Whenever by the express or implied terms of any statute a state agency has authority to adopt regulations to implement, interpret, make specific or otherwise carry out the provisions of the statute, no regulation adopted is valid or effective unless…”
Ass'n for Retarded Citizens v. Dep't of Developmental Servs., 696 P.2d 150 (Cal. 1985). “(Gov. Code, §§ 11342.1, 11342.2; Morris, supra, at p.”
Bearden v. U.S. Borax, Inc., 179 L.R.R.M. (BNA) 2993 (Cal. Ct. App. 2006). “’ (Gov. Code, § 11342.1.) ‘Whenever by the express or implied terms of any statute a state agency has authority to adopt regulations to implement, interpret, make specific or otherwise carry out the provisions of the statute, no regulation adopted is valid or effective unless…”
Cnty. of San Diego v. Bowen, 166 Cal. App. 4th 501 (Cal. Ct. App. 2008). · cites it 2× “” *508 The Counties’ argument touches on two separate limitations on agency action.”
Home Depot, U.S.A., Inc. v. Contractors' State License Bd., 41 Cal. App. 4th 1592 (Cal. Ct. App. 1996). “(Gov. Code, §§ 11342.1, 11342.2.) “Although the board was authorized to adopt rules and regulations ‘to effect the classification of contractors,’ it is the statute which defines a contractor and an administrative ruling contrary to the terms thereof would be ineffective.”
GMRI, Inc. v. Cal. Dep't of Tax & Fee Admin., 230 Cal. Rptr. 3d 183 (Cal. Ct. App. 5th 2018). “' ( Gov. Code, § 11342.1.) 'Whenever by the express or implied terms of any statute a state agency has authority to adopt regulations to implement, interpret, make specific or otherwise carry out the provisions of the statute, no regulation adopted is valid or effective unless…”
B. C. Cotton, Inc. v. Voss, 33 Cal. App. 4th 929 (Cal. Ct. App. 1995). “(b), 11370.) A regulation must be within the scope of the authority conferred on the agency and must be adopted in accordance with standards prescribed by other provisions of law.”
Pub. Resources Prot. Ass'n v. California Dep't of Forestry & Fire Prot., 865 P.2d 728 (Cal. 1994). “This is because it is the board, and not the courts, that establishes forest policy.”
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