California Codes

Cal. Government Code § 11347.3 (2026)

✓ current as of May 2026

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(a)Every agency shall maintain a file of each rulemaking that shall be deemed to be the record for that rulemaking proceeding. Commencing no later than the date that the notice of the proposed action is published in the California Regulatory Notice Register, and during all subsequent periods of time that the file is in the agency’s possession, the agency shall make the file available to the public for inspection and copying during regular business hours.

(b)The rulemaking file shall include:

(1)Copies of any petitions received from interested persons proposing the adoption, amendment, or repeal of the regulation, and a copy of any decision provided for by subdivision (d) of Section 11340.7, which grants a petition in whole or in part.

(2)All published notices of proposed adoption, amendment, or repeal of the regulation, and an updated informative digest, the initial statement of reasons, and the final statement of reasons.

(3)The determination, together with the supporting data required by paragraph (5) of subdivision (a) of Section 11346.5.

(4)The determination, together with the supporting data required by paragraph (8) of subdivision (a) of Section 11346.5.

(5)The estimate, together with the supporting data and calculations, required by paragraph (6) of subdivision (a) of Section 11346.5.

(6)All data and other factual information, any studies or reports, and written comments submitted to the agency in connection with the adoption, amendment, or repeal of the regulation.

(7)All data and other factual information, technical, theoretical, and empirical studies or reports, if any, on which the agency is relying in the adoption, amendment, or repeal of a regulation, including any economic impact assessment or standardized regulatory impact analysis as required by Section 11346.3.

(8)A transcript, recording, or minutes of any public hearing connected with the adoption, amendment, or repeal of the regulation.

(9)The date on which the agency made the full text of the proposed regulation available to the public for 15 days prior to the adoption, amendment, or repeal of the regulation, if required to do so by subdivision (c) of Section 11346.8.

(10)The text of regulations as originally proposed and the modified text of regulations, if any, that were made available to the public prior to adoption.

(11)Any other information, statement, report, or data that the agency is required by law to consider or prepare in connection with the adoption, amendment, or repeal of a regulation.

(12)An index or table of contents that identifies each item contained in the rulemaking file. The index or table of contents shall include an affidavit or a declaration under penalty of perjury in the form specified by Section 2015.5 of the Code of Civil Procedure by the agency official who has compiled the rulemaking file, specifying the date upon which the record was closed, and that the file or the copy, if submitted, is complete.

(c)Every agency shall submit to the office with the adopted regulation, the rulemaking file or a complete copy of the rulemaking file.

(d)The rulemaking file shall be made available by the agency to the public, and to the courts in connection with the review of the regulation.

(e)Upon filing a regulation with the Secretary of State pursuant to Section 11349.3, the office shall return the related rulemaking file to the agency, after which no item contained in the file shall be removed, altered, or destroyed or otherwise disposed of. The agency shall maintain the file unless it elects to transmit the file to the State Archives pursuant to subdivision (f).

(f)The agency may transmit the rulemaking file to the State Archives. The file shall include instructions that the Secretary of State shall not remove, alter, or destroy or otherwise dispose of any item contained in the file. Pursuant to Section 12223.5, the Secretary of State may designate a time for the delivery of the rulemaking file to the State Archives in consideration of document processing or storage limitations.

Notes of Decisions

Cited in 15 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 2× “(a), (b)); give interested parties an opportunity to comment on the proposed regulation (Gov.”

Poet v. State Air Resources Bd., 218 Cal. App. 4th 681 (Cal. Ct. App. 2013). “(Gov. Code, § 11347.3.) 44 Plaintiffs claim ARB violated the APA by omitting from the rulemaking file four e-mails from consultants hired by ARB.”

Friends of Sierra Madre v. City of Sierra Madre, 19 P.3d 567 (Cal. 2001). “The agency’s responses to comments received in the rulemaking process must be included in its statement of reasons stating its intent in adopting a regulation (Gov. Code, § 11347.3) and thus constitutes part of the official statement of regulatory intent.”

Coastside Fishing Club v. California Fish & Game Comm'n, 43 Envtl. L. Rep. (Envtl. Law Inst.) 20085 (Cal. Ct. App. 2013). “Code, § 11346.8); respond in writing to public comments (Gov.”

Pac. Gas & Elec. Co. v. Dep't of Water Resources, 2003 Cal. Daily Op. Serv. 8886 (Cal. Ct. App. 2003). “8); respond in writing to public comments (Gov. Code, §§ 11346.8, subd. (a); 11346.”

Donaldson v. Dep't of Real Est., 2005 Cal. Daily Op. Serv. 10383 (Cal. Ct. App. 2005). “9); and forward a file of all materials on which the agency relied in the regulatory process to the Office of Administrative Law (Gov. Code, § 11347.3, subd. (b)), which reviews the regulation for consistency with the law, clarity, and necessity (Gov.”

Stoneham v. Rushen, 156 Cal. App. 3d 302 (Cal. Ct. App. 1984). “Without a record of the agency’s rule-making proceeding for purposes of judicial review (Gov. Code, §11347.3), the presumption of regularity stands unrebutted and is controlling on appeal.”

Vector Resources, Inc. v. Baker CA4/1, 237 Cal. App. 4th 46 (Cal. Ct. App. 2015). “(a), (b)); give interested parties an opportunity to comment on the proposed regulation (Gov.”

Californians for Pesticide Reform v. Dep't of Pesticide Reg., 40 Envtl. L. Rep. (Envtl. Law Inst.) 20138 (Cal. Ct. App. 2010). “Code, § 11346.2, subds. (a), (b)); give interested parties an opportunity to comment on the proposed regulation (Gov.”

W. States Petroleum Ass'n. v. Cal. Air Resources Bd. (Cal. Ct. App. 2025). · cites it 7× “” (Gov. Code, § 11347.3, subds. (a), (b)(6), italics added.”

Wendz v. Dept. of Educ. (Cal. Ct. App. 2023). · cites it 4× “In doing so, the court relied on Government Code section 11347.3, which pertains to the required contents of the rulemaking file.”

Becerra v. The McClatchy Co. (Cal. Ct. App. 2021). · cites it 2× “(Gov. Code, § 11347.3, subd. (a).) It must contain, among other things, a statement of reasons for the regulation, supporting data, and petitions from interested persons.”

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