BILL NUMBER: AB 1415	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Accountability and Administrative Review
(Frazier (Chair), Achadjian (Vice Chair), Buchanan, Ian Calderon,
Cooley, Lowenthal, Medina, Quirk-Silva, and Salas)

                        MARCH 20, 2013

   An act to amend Section 11340.5 of the Government Code, relating
to administrative regulations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1415, as introduced, Committee on Accountability and
Administrative Review. Administrative procedures: regulations:
determinations: judicial review.
   The Administrative Procedure Act generally sets forth the
requirements for the adoption, publication, review, and
implementation of regulations by state agencies. The act provides
that if the office is notified of, or on its own, learns of the
issuance, enforcement of, or use of, an agency guideline, criterion,
bulletin, manual, instruction, order, standard of general
application, or other rule that has not been adopted as a regulation
and filed with the Secretary of State, the office may issue a
determination as to whether the guideline, criterion, bulletin,
manual, instruction, order, standard of general application, or other
rule, is a regulation. Existing law allows an interested person to
obtain judicial review of a given determination by filing a written
petition with the court within 30 days of the date of its
publication.
   This bill would extend that filing time to 45 days.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11340.5 of the Government Code is amended to
read:
   11340.5.  (a)  No   A  state agency
shall  not  issue, utilize, enforce, or attempt to enforce
any guideline, criterion, bulletin, manual, instruction, order,
standard of general application, or other rule, which is a regulation
as defined in Section 11342.600, unless the guideline, criterion,
bulletin, manual, instruction, order, standard of general
application, or other rule has been adopted as a regulation and filed
with the Secretary of State pursuant to this chapter.
   (b) If the office is notified of, or on its own, learns of the
issuance, enforcement of, or use of, an agency guideline, criterion,
bulletin, manual, instruction, order, standard of general
application, or other rule that has not been adopted as a regulation
and filed with the Secretary of State pursuant to this chapter, the
office may issue a determination as to whether the guideline,
criterion, bulletin, manual, instruction, order, standard of general
application, or other rule, is a regulation as defined in Section
11342.600.
   (c) The office shall do all of the following:
   (1) File its determination upon issuance with the Secretary of
State.
   (2) Make its determination known to the agency, the Governor, and
the Legislature.
   (3) Publish its determination in the California Regulatory Notice
Register within 15 days of the date of issuance.
   (4) Make its determination available to the public and the courts.

   (d) Any interested person may obtain judicial review of a given
determination by filing a written petition requesting that the
determination of the office be modified or set aside. A petition
shall be filed with the court within  30   45
 days of the date the determination is published.
   (e) A determination issued by the office pursuant to this section
shall not be considered by a court, or by an administrative agency in
an adjudicatory proceeding if all of the following occurs:
   (1) The court or administrative agency proceeding involves the
party that sought the determination from the office.
   (2) The proceeding began prior to the party's request for the
office's determination.
   (3) At issue in the proceeding is the question of whether the
guideline, criterion, bulletin, manual, instruction, order, standard
of general application, or other rule that is the legal basis for the
adjudicatory action is a regulation as defined in Section 11342.600.