BILL NUMBER: SB 1414	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Dutton

                        FEBRUARY 24, 2012

   An act to amend Section 11349.3 of the Government Code, relating
to state government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1414, as introduced, Dutton. Administrative regulations and
rulemaking.
   Existing law requires the Office of Administrative Law to either
approve a regulation submitted to it for review and transmit it to
the Secretary of State for filing, or disapprove the regulation
within 30 working days after the regulation was submitted to the
office for review, as specified.
   This bill would make a technical, nonsubstantive change to this
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 11349.3 of the Government Code is amended to
read:
   11349.3.  (a) The office shall either approve a regulation
submitted to it for review and transmit it to the Secretary of State
for filing or disapprove it within 30 working days after the
regulation has been submitted to the office for review. If the office
fails to act within 30 days, the regulation shall be deemed to have
been approved  ,  and the office shall transmit it to the
Secretary of State for filing.
   (b) If the office disapproves a regulation, it shall return it to
the adopting agency within the 30-day period specified in subdivision
(a) accompanied by a notice specifying the reasons for disapproval.
Within seven calendar days of the issuance of the notice, the office
shall provide the adopting agency with a written decision detailing
the reasons for disapproval. No regulation shall be disapproved
except for failure to comply with the standards set forth in Section
11349.1 or for failure to comply with this chapter.
   (c) If an agency determines, on its own initiative, that a
regulation submitted pursuant to subdivision (a) should be returned
by the office prior to completion of the office's review, it may
request the return of the regulation. All requests for the return of
a regulation shall be memorialized in writing by the submitting
agency no later than one week following the request. Any regulation
returned pursuant to this subdivision shall be resubmitted to the
office for review within the one-year period specified in subdivision
(b) of Section 11346.4 or shall comply with Article 5 (commencing
with Section 11346) prior to resubmission.
   (d) The office shall not initiate the return of a regulation
pursuant to subdivision (c) as an alternative to disapproval pursuant
to subdivision (b).