Section 1188.2 - Rulemaking(a) Petitions: (1) Any person may petition the Commission to request rulemaking hearings. The petition shall be filed and served in accordance with section 1181.3 of these regulations and shall include: (A) The name, address, and telephone number of the petitioner;(B) The substance or nature of the regulation, amendment, or repeal requested;(C) The reasons for the request; and(D) Reference to the authority of the Commission to take the action requested.(2) The petition shall be filed with the executive director who shall, within seven days after its filing, determine whether the petition contains the information specified in subsection (a)(1) of this section.(A) If the executive director determines that the petition is complete, it shall be certified in writing as complete and the petitioner shall be so notified.(B) If the executive director determines that the petition is not complete, it shall be returned to the petitioner accompanied by a statement of its defects. The petitioner may correct the petition and resubmit it at any time.(3) Upon certification by the executive director, the Commission shall, within 60 days from the filing of the petition, deny the petition, stating the reason for the denial in writing, or grant the petition, directing staff to prepare an appropriate order pursuant to subdivision (b) of this section.(b) Commission Order to Initiate a Rulemaking Proceeding. The Commission may, upon its own motion or upon granting a petition filed pursuant to subdivision (a) of this section, adopt an order to initiate a rulemaking proceeding in accordance with the procedures of Government Code sections 11346.2, 11346.4, 11346.8, and 11346.9.(c) Notice. (1) Notice of a rulemaking proceeding shall be given in accordance with Government Code section 11346.4.(2) At least 10 days prior to the first hearing in a proceeding ordered pursuant to subdivision (b) of this section, the executive director shall cause notice of the hearing to be issued to every person requested to participate in the proceedings, and to any person who the executive director determines to be concerned with the subject matter of the proceeding, and shall post a copy of the notice on the Commission's website.(3) In addition to the requirements of subsections (c)(1) and (2) of this section, notice of additional hearing shall be required at least 10 days prior to the commencement of the hearing unless continuation is orally announced in a public hearing.(4) Nothing in this section shall preclude the Commission from publishing notice in additional forms or media as the executive director may prescribe.(5) A copy of the order adopted pursuant to subdivision (b) of this section shall accompany the initial notice prepared and issued pursuant to this section, unless a copy of the order has been previously issued to those persons who would receive the notice.Cal. Code Regs. Tit. 2, § 1188.2
1. Repealer and new NOTE filed 10-27-2010; operative 1-1-2011. Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2010, No. 44).
2. Repealer and new section filed 5-19-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(a)(3). Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527 (Register 2014, No. 21).
3. Amendment of NOTE filed 9-24-2015; operative 10-1-2015 pursuant to Government Code section 11343.4(b)(3). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2015, No. 39).
4. Amendment of subsections (a)(2), (b), (c)(2) and (c)(5) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4). Note: Authority cited: Section 17527(g), Government Code. Reference: Sections 11340.6, 11346.2, 11346.4, 11346.8, 11346.9, 17527(c), 17527(g), 17530, 11346.4 and 17551, Government Code.
1. Repealer and new Note filed 10-27-2010; operative 1-1-2011. Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2010, No. 44).
2. Repealer and new section filed 5-19-2014; operative 7/1/2014 pursuant to Government Code section 11343.4(a)(3). Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527 (Register 2014, No. 21).
3. Amendment of Note filed 9-24-2015; operative 10/1/2015 pursuant to Government Code section 11343.4(b)(3). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2015, No. 39).
4. Amendment of subsections (a)(2), (b), (c)(2) and (c)(5) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).