Cal. Code Regs. tit. 1 § 10

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 10 - "Necessity."

(a) In reviewing the rulemaking record for compliance with subsection (b), OAL shall not dispute the decision of a rulemaking agency to adopt a particular regulatory provision when the information provided as required by subsection (b) is also adequate to support one or more alternative conclusions.

(b) In order to meet the "necessity" standard of Government Code section 11349.1, the record of the rulemaking proceeding shall include:

(1) A statement of the specific purpose of each adoption, amendment, or repeal; and

(2) information explaining why each provision of the adopted regulation is required to carry out the described purpose of the provision. Such information shall include, but is not limited to, facts, studies, or expert opinion. When the explanation is based upon policies, conclusions, speculation, or conjecture, the rulemaking record must include, in addition, supporting facts, studies, expert opinion, or other information. An "expert" within the meaning of this section is a person who possesses special skill or knowledge by reason of study or experience which is relevant to the regulation in question.

Cal. Code Regs. Tit. 1, § 10

1. New section filed 1-2-86; effective upon filing pursuant to Government Code section 11346.2(d) (Register 86, No. 1).
2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations adding quotation marks around "Necessity" in the section heading; substituting "as required by" for "for in" in the text; and substituting "11349.1(c)" for "11349.(b)" in both the "Authority cited" and the "Reference" portions of the NOTE filed 1-5-89; operative 1-5-89 (Register 89, No. 3).
3. Editorial correction of HISTORY No. 2 (Register 89, No. 12).
4. Change without regulatory effect amending sections filed 7-25-90 pursuant to section 100, title 1, California Code of Regulations; operative 7-25-90 (Register 90, No. 38).
5. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations, substituting "11346.2(b)" for 11346.7(a)" in the reference citation under "NOTE." Filed 1-3-95; operative upon filing (Register 95, No. 1).
6. Change without regulatory effect amending subsection (b)(1) filed 12-28-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 52).

Note: Authority cited: Sections 11342.4 and 11349.1(c), Government Code. Reference: Sections 11340.1, 11346.2(b), 11349(a), 11349.1(a)(1) and (c), Government Code.