Cal. Code Regs. tit. 1 § 5

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 5 - Submission of Notices for Publication

(a) Each Friday is designated as the publication date of the California Regulatory Notice Register.

(b) At least ten calendar days before the desired publication date of any notice, an agency shall submit to OAL:

(1) For hard-copy submissions, two copies of the Form 400 with Part A completed and two copies of the notice. If the notice is submitted pursuant to Government Code section 11346.4(a)(5), then in addition to the Notice of Proposed Action and STD. 399, the submission shall also include, pursuant to Government Code section 11346.2(a) and (b), one copy of the express terms of the proposed regulation and the initial statement of reasons.

(2) For electronic submissions, one electronic Form 400 with Part A completed and one electronic copy of the notice. If the notice is submitted pursuant to Government Code section 11346.4(a)(5), then in addition to the Notice of Proposed Action and STD. 399, the electronic submission shall also include, pursuant to Government Code section 11346.2(a) and (b), one electronic copy of the express terms of the proposed regulation and the initial statement of reasons.

(A) The agency must submit all electronic documents described in subsection (b)(2) in .pdf format as attachments to a single email, which may not exceed 25MB in size.

(B) Electronic notices may only be submitted to OAL at NOPA@oal.ca.gov.

(C) OAL will consider electronic notices received after 5:00 p.m. on a business day, or at any time on a weekend or holiday, to be submitted on the following business day.

(c) The Form 400 must contain:

(1) a description of the subject matter of the notice and, if the notice is a notice of proposed regulatory action, the title(s) of the California Code of Regulations affected, with the first affected regulation section number listed;

(2) the requested publication date;

(3) the type of notice;

(4) the name of the submitting agency and the agency file number, if any, as well as the name and telephone number of an agency contact person for the notice submission;

(5) if the notice is a notice of proposed regulatory action submitted after an emergency filing, the agency shall enter the number assigned by OAL to the emergency filing in the box marked "All Previous Related OAL Regulatory Action Number(s)" (box 1b. of Part B); and

(6) if the notice is a notice of proposed regulatory action submitted after the readoption of an emergency filing, the agency shall enter the number assigned by OAL to the readoption of the emergency filing and the number assigned by OAL to the original emergency filing in the box marked "All Previous Related OAL Regulatory Action Number(s)" (box 1b. of Part B).

(d) If a notice of proposed regulatory action fails to comply with the requirements of this article, or sections 11346.3, 11346.4(a)(5), and 11346.5 of the Government Code, OAL shall contact the agency within three business days to correct any deficiencies. If the deficiencies are not corrected by agreement between OAL and the agency within the three-business-day period, OAL shall promptly return the notice to the agency with a letter explaining the reasons for disapproval.

Cal. Code Regs. Tit. 1, § 5

1. Renumbering of former section 120 as section 5 filed 6-26-90; operative 7-25-90 (Register 90, No. 35).
2. 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).
3. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations substituting "11346.2(a)" for "11346.7(a)" in subsection (b)(2); adding "11346.3," the word "and," and deleting "and 11346.53" in subsection (e); and adding "11346.2," "11346.3," the word "and," and deleting "11346.53, and 11346.7," in the reference citation under "NOTE." Filed 1-3-95; operative upon filing (Register 95, No. 1).
4. Change without regulatory effect amending subsections (c)(5)-(6) filed 4-19-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 17).
5. Amendment of section heading and section filed 7-6-2020 as an emergency; operative 7-6-2020 (Register 2020, No. 28). Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 28). A Certificate of Compliance must be transmitted to OAL by 5-4-2021 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section heading and section refiled 5-5-2021 as an emergency; operative 5-5-2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 19). A Certificate of Compliance must be transmitted to OAL by 12-3-2021 or emergency language will be repealed by operation of law on the following day.
7. Amendment of section heading and section refiled 12-3-2021 as an emergency; operative 12-4-2021 (Register 2021, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-4-2022 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-3-2021 order, including amendment of subsection (b)(2)(A), repealer of subsections (d)-(d)(3) and subsection relettering, transmitted to OAL 3-4-2022 and filed 4-18-2022; amendments operative 4-18-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 16).

Note: Authority cited: Section 11342.4, Government Code. Reference: Sections 11344.1, 11346.2, 11346.3, 11346.4 and 11346.5, Government Code.

1. Renumbering of former section 120 as section 5 filed 6-26-90; operative 7-25-90 (Register 90, No. 35).
2. 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).
3. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations substituting "11346.2(a)" for "11346.7(a)" in subsection (b)(2); adding "11346.3," the word "and," and deleting "and 11346.53" in subsection (e); and adding "11346.2," "11346.3," the word "and," and deleting "11346.53, and 11346.7," in the reference citation under "NOTE." Filed 1-3-95; operative upon filing (Register 95, No. 1).
4. Change without regulatory effect amending subsections (c)(5)-(6) filed 4-19-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 17).
5. Amendment of section heading and section filed 7-6-2020 as an emergency; operative 7/6/2020 (Register 2020, No. 28). Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 28). A Certificate of Compliance must be transmitted to OAL by 5-4-2021 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section heading and section refiled 5-5-2021 as an emergency; operative 5/5/2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 19). A Certificate of Compliance must be transmitted to OAL by 12-3-2021 or emergency language will be repealed by operation of law on the following day.
7. Amendment of section heading and section refiled 12-3-2021 as an emergency; operative 12/4/2021 (Register 2021, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-4-2022 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-3-2021 order, including amendment of subsection (b)(2)(A), repealer of subsections (d)-(d)(3) and subsection relettering, transmitted to OAL 3-4-2022 and filed 4-18-2022; amendments operative 4/18/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 16).