§ 11. ‘‘Necessity” in the Context of Mandated Regulations.

When an agency adopts a regulation which is identical to another statute, regulation, or standard, the “necessity” standard of Government Code Section 11349.1 shall be met if the record demonstrates that the specific provisions adopted in the regulation are mandated by a California statute or other applicable law. However, when an agency adopts a provision of a regulation that is not mandated by the specific enabling statute or law, the record shall include the information required by Section 10(b) for each such provision of the regulation.

HISTORY

1. New section filed 1-2-86; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 86, No. 1).

2. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations adding quotation marks around “Necessity” in the section heading and substituting “11349.1(c)” for “11349.1(b)” in the NOTE filed 1-5-89; operative 1-5-89 (Register 89, No. 3).

3. Editorial correction of HISTORY No. 2 (Register 89, No. 12).

4. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations, substituting “11346.9(c)” for “11346.7(d)” in the reference citation under “NOTE.” Filed 1-3-95; operative upon filing (Register 95, No. 1).

Note

Note: Authority cited: Sections 11342.4 and 11349.1(c), Government Code. Reference: Sections 11346.9(c), 11349(a) and 11349.1(a)(1), Government Code.