Section 280 - Suspension of Actions Regarding Underground Regulations (Section 280 Certification)(a)(1) Any action of OAL pursuant to this chapter in connection with a petition shall be suspended if, prior to filing its determination with the Secretary of State, OAL receives a written certification from the challenged agency that it will not issue, use, enforce, or attempt to enforce the challenged rule(2) With submission of the written certification to OAL, the challenged agency must also provide written confirmation that the certification was provided to the petitioner. The challenged agency's written confirmation must include the address or e-mail address where sent, as applicable. When the written certification is submitted to OAL and the petitioner concurrently in the same e-mail, and the e-mail address of the petitioner is visible to OAL, the e-mail satisfies the written confirmation requirement.(3) The challenged agency's written certification shall be signed by the head of the challenged agency or a person with a written delegation of authority from the head of the challenged agency.(b) Upon receipt of this certification and written confirmation that the certification was provided to the petitioner, OAL shall do all of the following:(1) File the original or a copy of the petition and the certification with the Secretary of State.(2) Publish a summary of the petition and the certification in the California Regulatory Notice Register.(3) Provide a copy of the Secretary of State-endorsed certification to the petitioner, head of the challenged agency, and head of the cabinet-level state agency, when under one.(c) OAL may reconsider a petition that has been suspended pursuant to section 280(a) if evidence is brought to OAL's attention indicating that the challenged agency continues to issue, use, enforce, or attempt to enforce the challenged rule. (1) Reconsideration of a petition pursuant to this section will be conducted in accordance with section 270(b) through (j), except that the timeframe in subsection (b) will commence from the date the evidence is brought to OAL's attention indicating that the challenged agency continues to issue, use, enforce, or attempt to enforce the challenged rule.Cal. Code Regs. Tit. 1, § 280
1. New section filed 3-27-2006; operative 3-27-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 13).
2. Amendment of section heading and section 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. Amendment of section heading and section 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.