(a)At least 45 days prior to the hearing and close of the public comment period on the adoption, amendment, or repeal of a regulation, notice of the proposed action shall be:
(1)Mailed to every person who has filed a request for notice of regulatory actions with the state agency. Each state agency shall give a person filing a request for notice of regulatory actions the option of being notified of all proposed regulatory actions or being notified of regulatory actions
concerning one or more particular programs of the state agency.
(2)In cases in which the state agency is within a state department, mailed or delivered to the director of the department.
(3)Mailed to a representative number of small business enterprises or their representatives that are likely to be affected by the proposed action. “Representative” for the purposes of this paragraph includes, but is not limited to, a trade association, industry association, professional association, or any other business group or association of any kind that represents a business enterprise or employees of a business enterprise.
(4)When appropriate in the judgment of the state agency, mailed to any person or group of persons whom the agency believes to be interested in the proposed action and published in the form and manner as
the state agency shall prescribe.
(5)Published in the California Regulatory Notice Register as prepared by the office for each state agency’s notice of regulatory action.
(6)Posted on the state agency’s website if the agency has a website.
(b)The effective period of a notice issued pursuant to this section shall not exceed one year from the date thereof. If the adoption, amendment, or repeal of a regulation proposed in the notice is not completed and transmitted to the office within the period of one year, a notice of the proposed action shall again be issued pursuant to this article.
(c)Once the adoption, amendment, or repeal is completed and approved by the office, no further adoption, amendment, or repeal to the noticed regulation shall be made
without subsequent notice being given.
(d)The office may refuse to publish a notice submitted to it if the agency has failed to comply with this article.
(e)The office shall make the California Regulatory Notice Register available to the public and state agencies at a nominal cost that is consistent with a policy of encouraging the widest possible notice distribution to interested persons.
(f)Where the form or manner of notice is prescribed by statute in any particular case, in addition to filing and mailing notice as required by this section, the notice shall be published, posted, mailed, filed, or otherwise publicized as prescribed by that statute. The failure to mail notice to any person as provided in this section shall not invalidate any action taken by a state agency pursuant to this
article.
Notes of Decisions
Cited in
20
cases (
7 in the last 5 years), 1990–2025 · leading case:
Voss v. Superior Court, 46 Cal. App. 4th 900 (Cal. Ct. App. 1996).
Voss v. Superior Court, 46 Cal. App. 4th 900 (Cal. Ct. App. 1996).
· cites it 6× “(Gov. Code, § 11346.4.) Wileman claims these requirements are not irreconcilable, and therefore not “specifically in conflict,” with corresponding requirements of the CMA which ensure that all affected persons and entities receive actual notice of the proposed order and the…”
Tidewater Marine W., Inc. v. Bradshaw, 927 P.2d 296 (Cal. 1996).
“The agency must give the public notice of its proposed regulatory action (Gov. Code, §§ 11346.4, 11346.5); issue a complete text of the proposed regulation with a statement of the reasons for it (Gov.”
Woosley v. State of California, 838 P.2d 758 (Cal. 1992).
“(Gov. Code, § 11346.4.) It also provides for a public hearing or an opportunity for interested persons to present contentions in writing, before any state agency may adopt, amend, or repeal any regulation.”
Coastside Fishing Club v. California Fish & Game Comm'n, 43 Envtl. L. Rep. (Envtl. Law Inst.) 20085 (Cal. Ct. App. 2013).
“The agency must give the public notice of its proposed regulatory action (Gov. Code, §§ 11346.4, 11346.5); issue a complete text of the proposed regulation with a statement of the reasons for it (Gov.”
Pac. Gas & Elec. Co. v. Dep't of Water Resources, 5 Cal. Rptr. 3d 283 (Cal. Ct. App. 2003).
“The agency must give the public notice of its proposed regulatory *504 action (Gov. Code, §§ 11346.4, 11346.5); issue a complete text of the proposed regulation with a statement of the reasons for it (Gov.”
Donaldson v. Dep't of Real Est., 36 Cal. Rptr. 3d 577 (Cal. Ct. App. 2005).
“Code, §§ 11346.8, subd. (a), 11346.9); and forward a file of all materials on which the agency relied in the regulatory process to the Office of Administrative Law (Gov.”
Rea v. Workers' Comp. Appeals Bd., 70 Cal. Comp. Cases 312 (Cal. Ct. App. 2005).
“” Government Code section 11346.4, subdivision (a)(5), which requires publication in the California Regulatory Notice Register, is expressly applicable pursuant to Government Code section 11351, subdivision (b).”
Union of Am. Physicians & Dentists v. Kizer, 223 Cal. App. 3d 490 (Cal. Ct. App. 1990).
“(Gov. Code, §§ 11346.4, 11346.8.) The Department promulgated (1) a regulation on statistical sampling and extrapolation of Medi-Cal provider reviews (Cal.”
Vector Resources, Inc. v. Baker CA4/1, 237 Cal. App. 4th 46 (Cal. Ct. App. 2015).
“The agency must give the public notice of its proposed regulatory action (Gov. Code, §§ 11346.4, 11346.5); issue a complete text of the proposed regulation with a statement of the reasons for it (Gov.”
Californians for Pesticide Reform v. Dep't of Pesticide Reg., 40 Envtl. L. Rep. (Envtl. Law Inst.) 20138 (Cal. Ct. App. 2010).
“The agency must give the public notice of its proposed regulatory action (Gov. Code, §§ 11346.4, 11346.5); issue a complete text of the proposed regulation with a statement of the reasons for it (Gov.”
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