California Code of Regulations (Last Updated: August 6, 2014) |
Title 1. General Provisions |
Division 1. Office of Administrative Law |
Chapter 1. Review of Proposed Regulations |
Article 2. Criteria Applied in the Review of Proposed Regulations |
Appendix A. |
(For history of Appendix A, see history notes under section 1.) STATE OF CALIFORNIA NOTICE PUBLICATION/REGULATIONS SUBMISSION STD. 400 (REV. 01-2013) (REVERSE) INSTRUCTIONS FOR PUBLICATION OF NOTICE AND SUBMISSION OF REGULATIONS Use the form STD. 400 for submitting notices for publication and regulations for Office of Administrative Law (OAL) review. ALL FILINGS Enter the name of the agency with the rulemaking authority and agency's file number, if any. NOTICES Complete Part A when submitting a notice to OAL for publication in the California Regulatory Notice Register. Submit two (2) copies of the STD. 400 with four (4) copies of the notice and, if a notice of proposed regulatory action, one copy each of the complete text of the regulations and the statement of reasons. Upon receipt of the notice, OAL will place a number in the box marked “Notice File Number.” If the notice is approved, OAL will return the STD. 400 with a copy of the notice and will check “Approved as Submitted” or “Approved as Modified.” If the notice is disapproved or withdrawn, that will also be indicated in the space marked “Action on Proposed Notice.” Please submit a new form STD. 400 when resubmitting the notice. REGULATIONS When submitting regulations to OAL for review, fill out STD. 400, Part B. Use the form that was previously submitted with the notice of proposed regulatory action which contains the “Notice File Number” assigned, or, if a new STD. 400 is used, please include the previously assigned number in the box marked “Notice File Number.” In filling out Part B, be sure to complete the certification including the date signed, the title and typed name of the signatory. The following must be submitted when filing regulations: seven (7) copies of the regulations with a copy of the STD. 400 attached to the front of each (one copy must bear an original signature on the certification) and the complete rulemaking file with index and sworn statement. (See Gov. Code § 11347.3 for rulemaking file contents.) RESUBMITTAL OF DISAPPROVED OR WITHDRAWN REGULATIONS When resubmitting previously disapproved or withdrawn regulations to OAL for review, use a new STD. 400 and fill out Part B, including the signed certification. Enter the OAL file number(s) of all previously disapproved or withdrawn filings in the box marked “All Previous Related OAL Regulatory Action Number(s)” (box 1b. of Part B). Submit seven (7) copies of the regulation to OAL with a copy of the STD. 400 attached to the front of each (one copy must bear an original signature on the certification). Be sure to include an index, sworn statement, and (if returned to the agency) the complete rulemaking file. (See Gov. Code §§ 11349.4 and 11347.3 for more specific requirements.) EMERGENCY REGULATIONS Fill out only Part B, including the signed certification, and submit seven (7) copies of the regulations with a copy of the STD. 400 attached to the front of each (one copy must bear an original signature on the certification). (See Gov. Code § 11346.1 for other requirements.) NOTICE FOLLOWING EMERGENCY ACTION When submitting a notice of proposed regulatory action after an emergency filing, use a new STD. 400 and complete Part A and insert the OAL file number(s) for the original emergency filing(s) in the box marked “All Previous Related OAL Regulatory Action Number(s)” (box 1b. of Part B). OAL will return the STD. 400 with the notice upon approval or disapproval. If the notice is disapproved, please fill out a new form when resubmitting for publication. CERTIFICATE OF COMPLIANCE When filing the certificate of compliance for emergency regulations, fill out Part B, including the signed certification, on the form that was previously submitted with the notice. If a new STD. 400 is used, fill in Part B including the signed certification, and enter the previously assigned notice file number in the box marked “Notice File Number” at the top of the form. The materials indicated in these instructions for “REGULATIONS” must also be submitted. EMERGENCY REGULATIONS - READOPTION When submitting previously approved emergency regulations for re-adoption, use a new STD. 400 and fill out Part B, including the signed certification, and insert the OAL file number(s) related to the original emergency filing in the box marked “All Previous Related OAL Regulatory Action Number(s)” (box 1b. of Part B). CHANGES WITHOUT REGULATORY EFFECT When submitting changes without regulatory effect pursuant to California Code of Regulations, Title 1, section 100, complete Part B, including marking the appropriate box in both B.3. and B.5. ABBREVIATIONS Cal. Code Regs. - California Code of Regulations Gov. Code - Government Code SAM - State Administrative Manual For questions regarding this form or the procedure for filing notices or submitting regulations to OAL for review, please contact the Office of Administrative Law Reference Attorney at (916) 323-6815. |