The filing of a certified copy of a regulation or an order of repeal with the Secretary of State raises the rebuttable presumptions that:
(a)It was duly adopted.
(b)It was duly filed and made available for public inspection at the day and hour endorsed on it.
(c)All requirements of this chapter and the regulations of the office relative to such regulation have been complied with.
(d)The text
of the certified copy of a regulation or order of repeal is the text of the regulation or order of repeal as adopted.
The courts shall take judicial notice of the contents of the certified copy of each regulation and of each order of repeal duly filed.
Notes of Decisions
Ass'n of California Ins. Companies v. Jones, 386 P.3d 1188 (Cal. 2017).
“(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.”
Scott v. Cnty. of Los Angeles, 27 Cal. App. 4th 125 (Cal. Ct. App. 1994).
“1, “Department of Social Services— Manuals of Policies and Procedures.”
Willis v. State, 22 Cal. App. 4th 287 (Cal. Ct. App. 1994).
“Plaintiff failed to present a certified copy of duly promulgated regulations to the trial court (Gov. Code, § 11343.6) and the Attorney General points out the manual has not been adopted as a regulation pursuant to the Administrative Procedure Act.”
Stoneham v. Rushen, 156 Cal. App. 3d 302 (Cal. Ct. App. 1984).
“Thus, once the regulation was officially filed, it is presumed that it was “duly adopted” in compliance with the APA (Gov. Code, § 11343.6) and in the language of the published text (Gov.”
City of South San Francisco v. Bd. of Equalization, 232 Cal. App. 4th 707 (Cal. Ct. App. 2014).
“In rejecting SBE’s use of the California Uniform Commercial Code, the trial court stressed that these more general statutes could “not displace or affect the dispositive place of sale rule” set out in the more specific statute, section 7205, subdivision (a). We disagree with…”
Div. of Occupational Saf. & Health v. State Bd. of Control, 1987 CCH OSHD 27,921 (Cal. Ct. App. 1987).
“(a), (b); Gov. Code, § 11343.6; 44 U.S.C. § 1507 .) In any event, Arcade is not prejudiced by our consideration of these issues on appeal because, as will appear, we reject the Division’s arguments that a federal mandate or a pre-1973 state regulation bars Arcade’s claim.”
Hernandez v. Levatino CA5 (Cal. Ct. App. 2013).
“(2) “Any matter made a subject of judicial notice by” Government Code sections 11343.6, 11344.6, or 18576, or “by section 1507 of Title 44 of the United States Code.”
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