California Code of Regulations Title 1 - General Provisions
California Code of Regulations – Title 1: General Provisions primarily establishes foundational rules for state agency rulemaking and general procedures that govern administrative regulations in California.
Overview of Title 1 – General Provisions:
This title includes regulations that:
Define administrative rulemaking standards for all state agencies.
Detail procedures under the Administrative Procedure Act (APA).
Outline requirements enforced by the Office of Administrative Law (OAL).
Key Divisions and Content Areas:
Division 1 – Administrative Law
Administered by the Office of Administrative Law (OAL), this division covers:
Chapter 1 – Office of Administrative Law
Rulemaking file requirements.
Public participation procedures.
Notice of proposed regulatory action.
Review and approval process by the OAL.
Emergency regulations procedures.
Standards for clarity, necessity, authority, consistency, reference, and non-duplication.
Chapter 2 – California Code of Regulations Compilation
Format and codification of regulations.
Filing and publication of approved regulations.
Chapter 3 – Special Provisions
Filing exceptions.
Delegation of authority procedures.
Incorporation by reference standards.
Key Concepts Defined:
Regulation vs. Statute: Regulations are agency-created rules implementing statutes passed by the legislature.
Notice-and-Comment Rulemaking: Agencies must provide public notice and opportunity to comment on proposed rules.
OAL Review: The OAL ensures proposed regulations meet specific legal standards before approval and codification.
Authority:
These provisions implement California’s Government Code Sections 11340–11365, which are the backbone of the state’s APA.
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