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 5. Public Participation: Procedure for Adoption of Regulations
California Codes

Cal. Government Code § 11346.8 (2026)

Public Participation: Procedure for Adoption of Regulations

✓ current as of May 2026
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(a)If a public hearing is held, both oral and written statements, arguments, or contentions, shall be permitted. The agency may impose reasonable limitations on oral presentations. If a public hearing is not scheduled, the state agency shall, consistent with Section 11346.4, afford any interested person or his or her duly authorized representative, the opportunity to present statements, arguments or contentions in writing. In addition, a public hearing shall be held if, no later than 15 days prior to the close of the written comment period, an interested person or his or her duly authorized representative submits in writing to the state agency, a request to hold a public hearing. The state agency shall, to the extent practicable, provide notice of the time, date, and place of the hearing by mailing the notice to every person who has filed a request for notice thereby with the state agency. The state agency shall consider all relevant matter presented to it before adopting, amending, or repealing any regulation.

(b)In any hearing under this section, the state agency or its duly authorized representative shall have authority to administer oaths or affirmations. An agency may continue or postpone a hearing from time to time to the time and at the place as it determines. If a hearing is continued or postponed, the state agency shall provide notice to the public as to when it will be resumed or rescheduled.

(c)No state agency may adopt, amend, or repeal a regulation which has been changed from that which was originally made available to the public pursuant to Section 11346.5, unless the change is (1) nonsubstantial or solely grammatical in nature, or (2) sufficiently related to the original text that the public was adequately placed on notice that the change could result from the originally proposed regulatory action. If a sufficiently related change is made, the full text of the resulting adoption, amendment, or repeal, with the change clearly indicated, shall be made available to the public for at least 15 days before the agency adopts, amends, or repeals the resulting regulation. Any written comments received regarding the change must be responded to in the final statement of reasons required by Section 11346.9.

(d)No state agency shall add any material to the record of the rulemaking proceeding after the close of the public hearing or comment period, unless the agency complies with Section 11347.1. This subdivision does not apply to material prepared pursuant to Section 11346.9.

(e)If a comment made at a public hearing raises a new issue concerning a proposed regulation and a member of the public requests additional time to respond to the new issue before the state agency takes final action, it is the intent of the Legislature that rulemaking agencies consider granting the request for additional time if, under the circumstances, granting the request is practical and does not unduly delay action on the regulation.

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1984–2025 · leading case: Tidewater Marine W., Inc. v. Bradshaw, 927 P.2d 296 (Cal. 1996).
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Tidewater Marine W., Inc. v. Bradshaw, 927 P.2d 296 (Cal. 1996). · cites it 3× “(a), (b)); give interested parties an opportunity to comment on the proposed regulation (Gov. Code, § 11346.8); respond in writing to public comments (Gov.”
Voss v. Superior Court, 46 Cal. App. 4th 900 (Cal. Ct. App. 1996). · cites it 5× “) Both acts mandate that all relevant matter presented must be considered before adoption of the regulation or order (Gov. Code, § 11346.8; Food & Agr. Code, §§ 58784, 58812 [economic factors]), and that a complete record be kept of the evidence and testimony submitted (Gov.”
Sharon S. v. Superior Court, 73 P.3d 554 (Cal. 2003). · cites it 2× “(Gov.Code, § 11346.8.) Because the California Department of Social Services failed to observe these procedures, the Letter did not comply with the statutory requirements, and is thus as much an underground regulation as any former rule.”
W. States Petroleum etc. v. State Bd. of Equalization, 304 P.3d 188 (Cal. 2013). · cites it 2× “‖ (Gov. Code, § 11346.8, subd. (a).) After the public comment period, if the agency decides to enact the regulation, it must prepare a ―final statement of reasons‖ for adopting the proposed rule, which must include ―[a]n update of the information contained in the initial…”
Coastside Fishing Club v. California Fish & Game Comm'n, 215 Cal. App. 4th 397 (Cal. Ct. App. 2013). · cites it 2× “(a), (b)); give interested parties an opportunity to comment on the proposed regulation (Gov. Code, § 11346.8); respond in writing to public comments (Gov.”
Pac. Gas & Elec. Co. v. Dep't of Water Resources, 5 Cal. Rptr. 3d 283 (Cal. Ct. App. 2003). · cites it 2× “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). · cites it 2× “9); and forward a file of all materials on which the agency relied in the regulatory process to the Office of Administrative Law (Gov.”
W. Oil & Gas Assn. v. Air Resources Bd., 691 P.2d 606 (Cal. 1984). · cites it 2× “(Gov. Code, § 11346.8, former § 11425.) Any person may apply to the local or regional hearing board for a variance from any district's rules and regulations.”
Woosley v. State of California, 838 P.2d 758 (Cal. 1992). “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.”
Vector Resources, Inc. v. Baker, 237 Cal. App. 4th 46 (Cal. Ct. App. 2015). · cites it 2× “(a), (b)); give interested parties an opportunity to comment on the proposed regulation (Gov. Code, § 11346.8); respond in writing to public comments (Gov.”
Californians for Pesticide Reform v. Dep't of Pesticide Reg., 184 Cal. App. 4th 887 (Cal. Ct. App. 2010). · cites it 2× “Code, §§ 11346.4, 11346.5); issue a complete text of the proposed regulation with a statement of the reasons for it (Gov.”
Wendz v. Dept. of Educ., 93 Cal. App. 5th 607 (Cal. Ct. App. 2023). · cites it 4× “” (Gov. Code, § 11346.8, subd. (c).) If the change is a “sufficiently related” change, then the agency must make the full text of the resulting regulation available to the public “for at least 15 days before the agency adopts .”
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