California Administrative Procedure Act Archives

Administrative Regulations by the State Personnel Board

November 16, 2022 11:47 amNovember 16, 2022 11:49 am

In the California Government Code, there are administrative regulations that are adopted by the State Personnel Board (SPB). Government Code Section 18210 sets forth a legislative finding and declaration that the purpose of this chapter is to establish basic minimum...

State Agencies Notify Bill Authors of Rulemaking

November 11, 2022 3:30 pmNovember 11, 2022 2:56 pm

Did you know that executive branch state agencies are required to notify state legislators about rulemaking projects related to the legislator’s bill? California’s Government Code contains the Administrative Procedure Act, as well as imposes many duties and responsibilities on state...

A Better Approach on Bills and the APA Process for Future Regulations?

September 23, 2022 3:10 pmSeptember 23, 2022 3:14 pm

While I continue to express significant concerns about exempting executive branch administrative agencies from the rulemaking process contained in California’s Administrative Procedure Act (APA), I have come across some bills pending on Governor Newsom’s Desk for final action that take...

Does the Legislature Violate the Separation of Powers Doctrine by Exempting Regulations from the APA Process?

July 29, 2022 6:23 amJuly 29, 2022 6:29 am

I have previously raised public policy concerns with the Legislature, when delegating part of its constitutional lawmaking authority to the executive branch and its administrative agencies, exempting regulations from complying with the California Administrative Procedure Act (APA). The fundamental goal...

Underground Regulations and California’s Administrative Procedure Act

October 28, 2021 2:15 amOctober 28, 2021 6:44 am

The Office of Administrative Law (OAL) is charged with ensuring that agency and department regulations are “clear, necessary, legally valid, and available to the public.” OAL is responsible for reviewing proposed regulations by California’s more than 200 state agencies and...

Public Hearings Under the Administrative Procedure Act

October 23, 2021 4:08 pmOctober 24, 2021 8:58 am

As part of California’s Administrative Procedure Act (APA), the rulemaking bodies of the executive branch of state government must conduct a public hearing on a proposed regulation if requested by a member of the public. Pursuant to Government Code Section...

General Provisions of the California Administrative Procedure Act

October 23, 2021 2:15 amOctober 22, 2021 9:26 pm

California’s Administrative Procedure Act (APA) provides the formal rules that must be followed by executive branch state agencies when promulgating regulations. The APA is found in California’s Government Code, Title 2 (which covers the Government of the State of California),...