Cal. Code Regs. tit. 1 § 90

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

Section 90 - "Transcript," "Recording," or "Minutes."

(a) Information submitted in compliance with the requirements of Government Code section 11347.3(b)(8) shall fully and accurately reflect all proceedings applicable to the rulemaking action under review and shall be adequate:

(1) to ensure effective review of the record by OAL, in light of the provisions of the APA providing for meaningful public participation; and

(2) to permit effective judicial review of the record.

(b) Material submitted as a "transcript" or "recording" in fulfillment of this requirement shall consist of a word-by-word, speaker-by-speaker record of all that is said on the record in any and all public hearings or public meetings held as part of the adoption, amendment or repeal of the regulation in question.

(c) "Minutes" submitted in fulfillment of this requirement shall provide a summary of the proceedings, and in all cases shall contain information sufficient to meet the requirement specified in subsection (a).

(d) Where information submitted pursuant to this section also contains material that is unrelated to the subject of the rulemaking action, that information submitted in compliance with subsection (b) or (c) shall be clearly identified as such.

Cal. Code Regs. Tit. 1, § 90

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 "Transcript," "Recording," and "Minutes" in the section heading and substituting "11349.1(c)" for "11349.1(b)" and adding case name page reference corrections in 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 amending subsection (a) and NOTE filed 1-29-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 5).

Note: Authority cited: Section 11349.1(c), Government Code. Reference: Sections 11347.3(b)(8) and 11350(b), Government Code; California Optometric Association v. Lackner (1976) 60 Cal.App.3d 500, 510, 131 Cal.Rptr. 744, 751, California Association of Nursing Homes, Sanitariums, Rest Homes and Homes for the Aged, Inc. v. Williams (1970) 4 Cal.App.3d 800, 810-812, 84 Cal.Rptr. 590.

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 "Transcript," "Recording," and "Minutes" in the section heading and substituting "11349.1(c)" for "11349.1(b)" and adding case name page reference corrections in 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 amending subsection (a) and Note filed 1-29-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 5).