Section 260 - Submission of Petitions Regarding Underground Regulations(a) A written petition may be submitted to OAL alleging that a state agency has issued, used, enforced, or attempted to enforce an underground regulation and seeking a determination from OAL pursuant to Section 11340.5 of the Government Code. If mailed or personally delivered, the petition must be delivered to Office of Administrative Law, Attention: CTU, 300 Capitol Mall, Suite 1250, Sacramento, CA, 95814. If e-mailed, the petition must be sent to staff@oal.ca.gov. The petitioner shall submit a copy of the petition and all attachments to the challenged agency prior to or concurrently with submitting it to OAL. The submission of a petition pursuant to this chapter is not required prior to commencing legal action alleging a violation of section 11340.5 of the Government Code.(b) Any petition seeking a determination shall include all of the following: (1) The name and contact information of the petitioner.(2) The name of the challenged agency that has allegedly issued, used, enforced, or attempted to enforce the challenged rule.(3) A complete description of the challenged rule and an original or photocopy of the challenged rule. If the challenged rule is found in an agency manual, then the petition shall additionally identify the specific provision of the manual alleged to comprise the challenged rule.(4) A description of the actions of the challenged agency showing that it has issued, used, enforced, or attempted to enforce the challenged rule.(5) The legal basis for concluding that the guideline, criterion, bulletin, provision in a manual, instruction, order, standard of general application, or other rule or procedure is a regulation as defined in Section 11342.600 of the Government Code and that no express statutory exemption to the requirements of the APA is applicable.(6) Information demonstrating that the petition raises an issue of considerable public importance.(7) The petitioner's written confirmation that the petitioner submitted a copy of the petition and all attachments to the challenged agency, as required by subsection (a). (A) The petitioner's written confirmation must include the name of the individual at the challenged agency to whom the copy was submitted, as well as the address or e-mail address where submitted, as applicable.(B) When a petition is submitted to OAL and the challenged agency concurrently in the same e-mail, and the e-mail address of the recipient at the challenged agency is visible to OAL, the e-mail satisfies the written confirmation requirement.Cal. Code Regs. Tit. 1, § 260
1. New section filed 3-27-2006; operative 3-27-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 13).
2. Change without regulatory effect amending subsection (b)(3) filed 1-20-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 4).
3. Amendment filed 10-31-2022; operative 1-1-2023 (Register 2022, No. 44). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Note: Authority cited: Section 11342.4, Government Code. Reference: Section 11340.5, Government Code.
1. New section filed 3-27-2006; operative 3-27-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 13).
2. Change without regulatory effect amending subsection (b)(3) filed 1-20-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 4).
3. Amendment filed 10-31-2022; operative 1/1/2023 (Register 2022, No. 44). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.