As used in sections 4400-4499, inclusive, of these regulations:
(a) "Apprentice" means an individual at least 16 years of age who is in training under apprenticeship standards and a written apprenticeship agreement pursuant to chapter 4 (commencing with section 3070) of division 3 of the Labor Code.(b) "Alternative Funding Source" means funding appropriated to the Panel for the purposes of the ETP Core Program, or other workforce training program, from a source other than the Employment Training Tax.(c) "Core Program" means the workforce development program established at Section 10200et seq. of the Unemployment Insurance Code and funded by the Employment Training Tax.(d) "Days" means calendar days unless otherwise specified. A workweek may be less than five days, but must be more than two days.(f) "Disabled individual" means any person who meets one of the following criteria: (1) has a physical or mental impairment that substantially limits one or more of such person's major life activities;(2) has a record of such impairment; or,(3) is regarded as having such an impairment, and is likely to experience difficulty in securing, retaining, or advancing in employment because of such an impairment, and who can perform job with reasonable accommodation to his or her disability. Eligible contractors shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified disabled individual unless the applicant can demonstrate that the accommodation would impose an undue hardship on the operation of its program.(g) "Displaced worker" means a person who has been subjected to an involuntary layoff or separation from his or her employment, or has been separated from employment due to the established seniority practice of a collective bargaining agent, and who has not quit voluntarily or been dismissed for disciplinary reasons, or has received a written notice of layoff from their current employer.(h) "Employment" means any full-time work, occupation, or trade, in which one is or may be engaged for wages, salary, or other forms of remuneration that are customary for the occupation and the industry. Full-time employment means employment of at least 35 hours a week, for a period of 90 consecutive days, which period includes normal days not worked by the employee, such as a weekend and holidays, with a single employer, except for those occupations in which it is not customary for a worker to be employed 90 consecutive days with a single employer. In these latter cases, the probationary period panel may substitute a period similar to the probationary period customary to the occupation. The probationary period shall not be less than 500 work hours and shall be completed within a period of 150 days following the completion of training. The panel shall, upon the showing of good cause by the contractor, extend the probationary period up to 272 days following the completion of training. Upon application and proof from the contractor, the panel may find that a less than 35-hour work week constitutes full-time employment if any or all of the following conditions exist: (1) The less than 35-hour work week constitutes an entry level norm for a particular occupation and/or its classification in the locale where the employment is offered, and there is a reasonable probability that the employee's hours will be at or more than the 35 hours standard within 12 months of the commencement of employment.(2) The less than 35-hour work week has been voluntarily requested by the employee for purposes of dependent care, or for other critical situations peculiar to that employee.(3) The less than 35-hour work week is necessitated by special circumstances confronting the employer and there is a reasonable probability that the employee's hours will be at or more than the 35 hours standard within 12 months of the commencement of employment.(4) For purposes of subsections (1), (2), and (3) the employee shall be offered and receive a benefit and compensation package commensurate on a prorata basis with that offered to other employees. In no event shall an employee's hours be used as reason for denying any such benefits or other compensation to that employee.(5) Upon proof by the contractor and a finding of good cause by the panel, the panel may find that less that 35 hours a week constitutes full time employment if the hours per week are customary for the industry, occupation and class of employment and the locale where the employment occurs, and/or the hours are considered full-time employment for purposes of a collective bargaining agreement. In no event shall the hours permitted herein and in subsections (1), (2), and (3) be less than 25 hours. The days worked may be less than five, but shall be more than two.(6) If the hours as set forth in subsection (1) and (2) are not extended to 35 hours a work week within 12 months of the commencement of employment, then 100 percent of the amount attributable to the cost of training the less than 35 hour employee shall be returned, if paid, to the Employment Training Panel, except as provided in subsection (9) below.(7) For purposes of implementation of this provision, subsection (1), (2), or (5) can be invoked only as part of training contracts. Subsection (3) can be invoked at any time from the enrollment of a trainee in training to the beginning of the effected trainee's period of employment following training.(8) The panel may, when granting an exemption to the 35-hour work week standard, withhold up to 100 percent of the amount attributable to the cost of training a less than 35 hours employee until the standard full-time employment has been achieved, but the monies shall not be deemed earned if full-time employment is not achieved within 12 months of the commencement of employment by the trainee.(9) The panel may, upon a showing of good cause by the contractor, deem earned whatever amount it finds to be reasonable for the less than 35 hour employee if full-time employment has not been achieved within a 12 month period following the commencement of employment.(10) Where training received is for employment in the entertainment industry, an individual shall be deemed "retained in employment": (A) Upon completion of training, the individual completes 500 hours of work in a six-month period at a wage to be specified according to the trainee's particular vocation.(B) An extra six-month employment period in which to complete 500 work hours shall be granted, after a review of each individual's case by the Panel, if it can be shown that one or more of the following triggers provide good cause for a six month extension: the cancellation of a television show or film; strikes or a threat of a strike; lockouts; the illness, pregnancy or injury of the trainee; shooting delays caused by location problems, permit problems, financing problems, equipment failure, illness or pregnancy of key cast or crew members, or disputes among parties involved in the production.(C) A trainee's employment is not to be limited to employment with a single industry employer; a trainee should be allowed to have multiple employers while compiling 500 work hours.(D) A trainee may be employed only by an employer or employers specifically listed in the agreement while completing the 500 work hour requirement.(E) An employee may not be allowed to include, as part of the total hours worked, work performed as an independent contractor, unless the trainee maintains self-elected, unemployment insurance coverage.(i) "Facility" means one contiguous work site at the same geographic location.(j) "Group of employers" means (1) two or more employers which combine efforts to form a consortium in order to meet the common training needs by specific occupational categories or address common training needs based on industrial trends, and/or(2) two or more employers which combine efforts whereby the primary employer assumes liability for the Panel contract, with secondary agreements between the primary employer and the supplier employers (or both the primary employer and the secondary suppliers contract with the Panel), and trains the employees of one or more of its suppliers due to the special and unique needs of the primary employer, and/or(3) a professional association, trade association, or joint apprenticeship training committee and/or(4) any economic development corporation which has been in existence for more than one year and whose Board of Directors is composed of a majority of California employers eligible to participate in a Panel funded agreement. The Board of Directors must approve the Panel agreement.(m) "Labor market information" means economic, occupational, geographic and demographic characteristics of the labor market that encompasses population and labor force composition, industry and occupational trends and outlook, job opportunities, hiring and training practices, skill requirements and trends, wages, labor force estimates, career ladders, and occupational supply and demand.(n) "Literacy training" means basic, job-related skills including math, reading, and language skills necessary for the trainee's job performance and employment retention in a job with definite career potential and long-term job security.(o) "Minority" refers to a person whose ethnic origin is:(1) Black: those individuals with black racial groups of Africa;(2) Asian American: those individuals of Chinese, Japanese, Korean, Okinawan, Thai, and Vietnamese, Southeast or Southwest Asian descent;(3) Hispanic American: those individuals of Mexican, Puerto Rican, Cuban, Central or South American descent;(4) Polynesian: those individuals of Hawaiian, Samoan, Tongan, Tahitian, Gilbertine, Fijian, and Guamanian descent;(5) American Indian or Alaskan Native: those individuals having origins in any of the original peoples of North America; and,(6) Filipino: those individuals having origins in the peoples of the Philippine Islands.(p) "Minority-owned business" means a business concern that is all of the following: (1) At least 51 percent owned and operated by one or more minorities, or, if a publicly owned business, at least 51 percent of the stock of which is owned by one or more minorities; and,(2) Managed by, and the daily business operations controlled by, one or more minorities; and,(3) A sole proprietorship, partnership, or domestic corporation with its home office located in the United States that is not a branch or subsidiary of a foreign corporation, firm, or other business.(q) "Panel" means the organization inclusive of the appointed members and civil service staff of the Employment Training Panel.(r) "Payment earned" means the amount of ETP training cost reimbursement a contractor is entitled to based on the final billing per trainee. For payment to be earned, the trainee must complete the minimum number of training hours, and be retained in employment and paid the post-retention wage as specified in the ETP Agreement.(s) "Progress payment" means those partial payments that must be returned to the panel unless subsequently earned.(t) "Proprietary information" means information provided by an employer to the panel relative to a company's favorable or unfavorable business conditions or financial circumstances, which, if disclosed, the employer believes would provide an advantage to competitors or a disadvantage to the business or its employees.(v) "Retained in employment" (1) Means the trainee has been retained in a job: (a) With definite career potential and a substantial likelihood of long-term job security,(b) Directly related to the training provided, and,(c) With a single employer for at least 90 days after the end of training unless it is not customary for a worker to be employed 90 consecutive days with a single employer; then a requirement of 500 hours of employment during a period not to exceed 272 calendar days after completion of training shall be substituted.(2) For new hire trainees who have been placed in qualifying employment after completion of training by a training agency and who do not complete 90-days of employment retention with the initial employer, the training agency may place the trainee in subsequent qualifying employment with an eligible employer for an additional 90 days within the term of the contract.(3) If a trainee voluntarily terminates his/her employment after the completion of training, but before the end of the applicable retention period, the contractor will be reimbursed for that trainee if that trainee is employed by another eligible employer for the applicable retention period for at least the same earnings as set forth in the Agreement. However, the Panel will reimburse for a trainee who is employed by another eligible employer for earnings which are less than required by the Agreement as long as the trainee's earnings are equal to the earnings required by Unemployment Insurance Code Section 10201(g) or, if applicable, Section 10214.5(a)(1), and the trainee is using the skills for which he/she was trained. The retention with any subsequent employer must be within the term of the Agreement.(4) If after the completion of training and before the end of the applicable retention period, the trainee has a break in employment necessitated by the Family Medical Leave Act (Government Code Section 12945.2) or an Act of God, the trainee shall be deemed to have completed the retention period.(w) "Small business" means: A business concern in which the principal place of business is located in California and the owners (or officers in the case of a corporation) of such business are domiciled in California, which is independently owned and operated and has no more than 250 full-time employees. Special consideration may be given to a small business with 100 or fewer full-time employees.
A "franchise" may be considered a small business if it meets the requirements stipulated above and consists of an arrangement in which the owner of a trademark, trade name, or copyright licenses others, under specified conditions or limitations, to use the trademark, trade name, or copyright and the business relationship between the two parties is an arm's-length relationship between two independent contractors with their respective rights determined by a contract.
For the purposes of this section, a company may not be considered a small business if it is a subsidiary corporation, "Subsidiary corporation" means a corporation that is subject to a parent corporation that has the power either directly or indirectly or through another corporation or series of other corporations to elect a majority of its directors.
(y) "Training" means the delivery of instruction that is designed to develop and/or improve workforce skills and knowledge for jobs with definite career potential and the substantial likelihood of long-term job security. Training shall consist of at least eight hours for a small business employer and at least 24 hours for all other employers, except the panel may modify the minimum hours for good cause on a case-by-case basis. The delivery method may be classroom, laboratory, electronic or Computer-Based Training (CBT). (1) "Classroom training" is formal instruction provided in a setting removed from the trainee's usual work environment. Trainees in a classroom must meet regularly for training in a specific skill under the constant and direct guidance of a qualified trainer. As defined herein, Classroom training must include all of the following features:
(A) The trainer must be present at the site during all hours of training;(B) The trainer's time must be dedicated exclusively to instruction during all hours of training(C) Trainee attendance must be documented as to date, time and total hours in a form and manner acceptable to ETP (See Section 4442);(D) The training sessions must be conducted at a site that is open and accessible to ETP monitors consistent with Section 4443.(2) "Laboratory training" is hands-on instruction or skill acquisition under the constant and direct guidance of a qualified trainer. Laboratory training may require the use of specialized equipment or facilities. Laboratory training may be conducted in a simulated work setting, or at a productive work setting. (A) "Simulated Laboratory training" is reimbursable at the class/lab rate.(B) "Productive Laboratory training" is also reimbursable at the class/lab rate but only as approved by the Panel on a case-by-case basis, for good cause shown. As defined herein, Productive Laboratory training must include all of the features set forth in Subsection (1) (A-D) above.
(3) "Advanced Technology training (AT)" is customized to occupations that involve the production or use of the most sophisticated equipment and software in fields such as electronics, computers and biotechnology. This type of training is reimbursable at a higher class/lab specific to AT, but only as approved by the Panel on a case-by-case basis, for good cause shown. As defined herein, AT training must include all of the features set forth in Subsection (1) (A-D) above.:
(4) "Electronic-delivery training (E-learning)" is instruction delivered by a live trainer through a web-based system. E-learning training is reimbursable at the class/lab rate but only as approved by the Panel on a case-by-case basis, for good cause shown. As a condition of reimbursement at the classroom/laboratory rate, E-Learning training must follow a specific and standardized Curriculum for each course identified in Exhibit B: Menu Curriculum and be delivered to a fixed number of enrolled trainees. In addition, the live trainer must be available for interaction with all trainees in real-time during all hours of training, consistent with the course Curriculum.
As defined herein, E-Learning training must include the features set forth in Subsection (1) (C & D) above.
(5) "Computer Based Training (CBT)" is training delivered through a computer program at a pace set by the trainee. There is no requirement for delivery by a live trainer. This type of training need not be interactive. This type of training is not reimbursed at the class/laboratory rate, but at a reduced rate specific to CBT. Reimbursement for each completed CBT course shall be for the standard number of hours to complete that course, as designated by the vendor that developed the course.
CBT hours should not be established unilaterally by employers or Multiple Employer Contractors. When the CBT course was created by employers or Contractors, they must have established a benchmark number of hours for completion that is set forth in a specific and standardized Curriculum, for each CBT course identified in Exhibit B: Menu Curriculum. Reimbursement for CBT shall be limited to the benchmark number of hours, on a per-trainee basis.
Upon completion of the CBT course, the employer must certify that the trainee has achieved competency in the skills covered by the training.
(6) Reimbursement at the class/lab rate or AT rate shall be earned only for hours of training actually delivered, on a per-trainee basis.(7) Classroom/laboratory, Productive Laboratory, Advanced Technology and E-Learning training must comply with specific trainer-to-trainee ratios, as shown below. These ratios do not apply to CBT.(A) Class/lab retraining: 1 to 20.(B) Class/lab new-hire training: 1 to 15.(C) Productive Laboratory (retraining and new-hire training): 1 to 10.(D) Advanced Technology (retraining and new-hire training): 1 to 10.(E) E-Learning (retraining and new-hire training): 1 to 20.(z) "Training agency" means any public or private training entity, state or local school, or education agency that has been in existence for a minimum of two years preceding the application for panel funding, and has an established history of providing training and placement services to the public.(aa) "Veteran" means an individual who served on active duty for more than 180 days, and was discharged or was released from active duty because of a service-connected disability. Active duty refers to the full time duty in the Armed Forces. Any period of duty for training in the reserves or National Guard, including authorized travel, during which an individual was disabled from a disease or injury incurred or aggravated in the line of duty, is considered "active" duty.(bb) "Woman-owned business" means a business concern that is all of the following:(1) At least 51 percent owned and operated by one or more women or, in the case of publicly owned business, at least 51 percent of the stock of which is owned by one or more women, and,(2) Managed by, and the daily business operations controlled by, one or more women, and,(3) A sole proprietorship, partnership, or domestic corporation with its home office located in the United States that is not a branch or subsidiary of a foreign corporation, firm, or other business.(cc) "Written notification" means a document prepared by the employer/contractor where a potential retrainee is currently employed, and received by the employee/retrainee either in person or by mail, stating that the employee will be laid off. This document may also be referred to as a Notice of Layoff. A Notice of Layoff shall be issued in lieu of a certification for the need for retraining as specified in section 4441. (1) This notice shall contain, but is not limited to, the following information:(A) Name and address of the employer;(B) Employee name and social security number;(D) Date notice was mailed or presented to the employee or the date of separation consistent with a collective bargaining agreement;(E) Date of impending layoff; and,(2) The notice must have been issued by the employer and presented to the affected employee/retrainee by the time an application for funding is submitted to Employment Training Panel staff.(3) The notice shall indicate that the date of layoff is within two years of the date the application for funding is presented to the Panel.(4) The reason for issuance of the termination notification/notice of layoff shall be directly related to the employer's inability to provide continued employment.(dd) "Enrollment" means the process of registering an employee with the Panel as an eligible participant in a Panel funded training program. Concurrent enrollment of any trainee in more than one Panel funded training program is prohibited.(ee) "Frontline worker" means an individual who directly produces or delivers goods or services, in accordance with the following standards:(1) An individual who is not exempt from payment of overtime compensation under state or federal law is a frontline worker;(2) An individual who is covered by a collective bargaining agreement is deemed a frontline worker;(3) An individual who is exempt from payment of overtime compensation under state or federal law and is directly producing or delivering goods or services may be a frontline worker. The Panel will make a determination of exempt status on a case-by-case basis and at its sole discretion under Subsections (1) and (3) above. In so doing, the Panel will follow the standards for determining exempt status set forth in Labor Code Sections 515, 515.5, and 516 and the Wage Orders of the Industrial Welfare Commission. The Panel will also consult applicable state and federal wage and hour law guidelines published by the Division of Labor Standards Enforcement under the Department of Industrial Relations. (See DLSE Enforcement Manual at www.dir.ca.gov.)
For purposes of Special Employment Training projects a frontline worker may also be the owner of a business with at least one but less than 10 full-time employees, whose primary duties consist of directly producing or delivering goods or services.
(hh) "Working poor" means workers who have full-time jobs and stable employment, but earn less than the ETP Minimum Wage under Section 10201(f) of the Unemployment Insurance Code. (See also, Section 4418.) These workers lack the essential job skills necessary to improve their employment opportunities. Their lack of job skills is often accompanied by limited education and/or English-speaking skills.(jj) "High performance workplace" means a workplace where frontline workers are equipped with problem solving and decision-making skills that promote increased productivity.(kk) "Job creation" means a type of funding priority for projects that primarily train either of the following: (1) workers who are eligible to receive Unemployment Insurance benefits in California; or who have exhausted eligibility for Unemployment Insurance benefits payable from this state within the previous 24 months; or(2) workers employed by a business that is locating in California or expanding its operations in this state. To qualify as a "job creation" project under the first prong of this definition, the workers must be trained in job-related vocational skills that are necessary to attain a job with a California employer;
To qualify under the second prong, the workers must be trained in job-related vocational skills that are necessary to attain a new job position with a business that is locating in or expanding its operations in California.
(ll) "Contractor" means the individual or entity responsible for satisfying the duties and obligations set forth in a contractual agreement with ETP for training cost reimbursement. The Contractor may be an employer or group of employers. The Contractor may also be a training agency; a local Workforce Investment Board; or, a grant recipient or administrator under the Workforce Investment Act of 1998 as further defined at Unemployment Insurance Code Section 10205(c). The agreement may be in the form of a Single Employer Contract (SEC) or a Multiple Employer Contract (MEC).
(mm) "Multiple Employer Contract" (MEC) means an agreement with ETP for the reimbursement of training costs, wherein the Contractor's duties and obligations are assumed by a group of employers, training agency or other eligible Contractor on behalf of multiple participating employers.Cal. Code Regs. Tit. 22, § 4400
1. New section filed 4-12-91; operative 4-12-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 18).
2. New subsections (u) and (x) filed 8-19-91; operative 8-19-91 (Register 92, No. 1).
3. Amendment of subsections (y)-(y)(3) filed 12-1-95; operative 12-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 48).
4. Amendment of newly designated subsections (j)(1)-(j)(3), repealer of subsections (u) and (x), amendment of subsection (y), new subsection (y)(3) and subsection renumbering, amendment of newly designated subsection (y)(4), new subsections (y)(5)-(y)(5)(B) and amendment of NOTE filed 7-19-96; operative 7-19-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 29).
5. Editorial correction of subsection (w) (Register 98, No. 21).
6. Amendment of subsection (j)(3), new subsection (j)(4), amendment of subsection (w), and amendment of NOTE filed 5-18-98; operative 5-18-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 21).
7. New subsection (dd) filed 7-7-98; operative 7-7-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 28).
8. New subsection (ee) and amendment of NOTE filed 12-8-99; operative 12-8-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 50).
9. Amendment and redesignation of former subsections (y)-(y)(5) to subsections (y)-(y)(8) and new subsections (ff) and (gg) filed 12-20-99 as an emergency; operative 12-20-99 (Register 99, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-18-2000 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (l) filed 4-17-2000 as an emergency; operative 4-17-2000 (Register 2000, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
11. New subsections (v)(3)-(4) filed 4-25-2000; operative 4-25-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 17).
12. Certificate of Compliance as to 12-20-99 order transmitted to OAL 4-5-2000 and filed 5-15-2000 (Register 2000, No. 20).
13. Certificate of Compliance as to 4-17-2000 order, including repealer of subsection (k), transmitted to OAL 8-11-2000 and filed 9-25-2000 (Register 2000, No. 39).
14. Amendment of subsection (ee), redesignation and amendment of former subsections (ee)(a)-(c) as subsections (ee)(1)-(3), new subsections (ee)(4), (hh) and (ii) and amendment of NOTE filed 1-8-2001 as an emergency; operative 1-8-2001 (Register 2001, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-8-2001 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 1-8-2001 order, including further amendment of subsection (ii) and new subsections (ii)(a)-(b), transmitted to OAL 5-8-2001 and filed 6-20-2001 (Register 2001, No. 25).
16. Amendment of subsection (l), new subsection (jj) and amendment of NOTE filed 9-27-2005; operative 9-27-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 39).
17. Editorial correction of placement of subsection (jj) (Register 2005, No. 45).
18. New subsections (kk)-(kk)(2) filed 4-19-2006; operative 5-19-2006 (Register 2006, No. 16).
19. Amendment of subsection (hh) and repealer of subsections (ii)-(ii)(b) filed 5-17-2006; operative 6-16-2006 (Register 2006, No. 20).
20. Repealer of subsection (l) and new subsections (ll) and (mm) filed 6-28-2006; operative 7-28-2006 (Register 2006, No. 26).
21. Amendment of subsections (ee)-(ee)(3), repealer of subsection (ee)(4) and amendment of NOTE filed 3-12-2007; operative 4-11-2007 (Register 2007, No. 11).
22. Amendment of subsection (r) and NOTE filed 10-23-2007; operative 11-22-2007 (Register 2007, No. 43).
23. Amendment of subsection (b), new subsection (c), repealer of subsections (d) and (e), subsection relettering, amendment of newly designated subsection (d) and subsections (y)-(y)(2), new subsections (y)(2)(A)-(B), repealer and new subsections (y)(3)-(5), repealer of subsections (y)(5)(A)-(B), repealer and new subsections (y)(6)-(7) and repealer of subsections (y)(8)(A)-(B), (ff) and (gg) filed 2-15-2011; operative 3-17-2011 (Register 2011, No. 7). Note: Authority cited: Section 10205(m), Unemployment Insurance Code. Reference: Sections 10200, 10201, 10201.5, 10202, 10202.5, 10203, 10204, 10205, 10206, 10207, 10208, 10209, 10210, 10211, 10212.2, 10213, 10214, 10214.5, 10214.7, 10214.9, 10215 and 10217, Unemployment Insurance Code; and Sections 515, 515.5 and 516, Labor Code.
1. New section filed 4-12-91; operative 4-12-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 18).
2. New subsections (u) and (x) filed 8-19-91; operative 8-19-91 (Register 92, No. 1).
3. Amendment of subsections (y)-(y)(3) filed 12-1-95; operative 12-1-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 48).
4. Amendment of newly designated subsections (j)(1)-(j)(3), repealer of subsections (u) and (x), amendment of subsection (y), new subsection (y)(3) and subsection renumbering, amendment of newly designated subsection (y)(4), new subsections (y)(5)-(y)(5)(B) and amendment of Note filed 7-19-96; operative 7-19-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 29).
5. Editorial correction of subsection (w) (Register 98, No. 21).
6. Amendment of subsection (j)(3), new subsection (j)(4), amendment of subsection (w), and amendment of Note filed 5-18-98; operative 5-18-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 21).
7. New subsection (dd) filed 7-7-98; operative 7-7-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 28).
8. New subsection (ee) and amendment of Note filed 12-8-99; operative 12-8-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 50).
9. Amendment and redesignation of former subsections (y)-(y)(5) to subsections (y)-(y)(8) and new subsections (ff) and (gg) filed 12-20-99 as an emergency; operative 12-20-99 (Register 99, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-18-2000 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (l) filed 4-17-2000 as an emergency; operative 4-17-2000 (Register 2000, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
11. New subsections (v)(3)-(4) filed 4-25-2000; operative 4-25-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 17).
12. Certificate of Compliance as to 12-20-99 order transmitted to OAL 4-5-2000 and filed 5-15-2000 (Register 2000, No. 20).
13. Certificate of Compliance as to 4-17-2000 order, including repealer of subsection (k), transmitted to OAL 8-11-2000 and filed 9-25-2000 (Register 2000, No. 39).
14. Amendment of subsection (ee), redesignation and amendment of former subsections (ee)(a)-(c) as subsections (ee)(1)-(3), new subsections (ee)(4), (hh) and (ii) and amendment of Note filed 1-8-2001 as an emergency; operative 1-8-2001 (Register 2001, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-8-2001 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 1-8-2001 order, including further amendment of subsection (ii) and new subsections (ii)(a)-(b), transmitted to OAL 5-8-2001 and filed 6-20-2001 (Register 2001, No. 25).
16. Amendment of subsection (l), new subsection (jj) and amendment of Note filed 9-27-2005; operative 9-27-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 39).
17. Editorial correction of placement of subsection (jj) (Register 2005, No. 45).
18. New subsections (kk)-(kk)(2) filed 4-19-2006; operative 5-19-2006 (Register 2006, No. 16).
19. Amendment of subsection (hh) and repealer of subsections (ii)-(ii)(b) filed 5-17-2006; operative 6-16-2006 (Register 2006, No. 20).
20. Repealer of subsection (l) and new subsections (ll) and (mm) filed 6-28-2006; operative 7-28-2006 (Register 2006, No. 26).
21. Amendment of subsections (ee)-(ee)(3), repealer of subsection (ee)(4) and amendment of Note filed 3-12-2007; operative 4-11-2007 (Register 2007, No. 11).
22. Amendment of subsection (r) and Note filed 10-23-2007; operative 11-22-2007 (Register 2007, No. 43).
23. Amendment of subsection (b), new subsection (c), repealer of subsections (d) and (e), subsection relettering, amendment of newly designated subsection (d) and subsections (y)-(y)(2), new subsections (y)(2)(A)-(B), repealer and new subsections (y)(3)-(5), repealer of subsections (y)(5)(A)-(B), repealer and new subsections (y)(6)-(7) and repealer of subsections (y)(8)(A)-(B), (ff) and (gg) filed 2-15-2011; operative 3-17-2011 (Register 2011, No. 7).