§ 20. ‘‘Incorporation by Reference.”

(a) “Incorporation by reference” means the method whereby a regulation printed in the California Code of Regulations makes provisions of another document part of that regulation by reference to the other document.

(b) Material proposed for “incorporation by reference” shall be reviewed in accordance with procedures and standards for a regulation published in the California Code of Regulations. Except as otherwise specified in section 11 of these regulations, OAL shall not review material proposed for “incorporation by reference” for compliance with the applicable standards of Government Code section 11349.1 when a California statute or other applicable law specifically requires the adoption or enforcement of the incorporated material by the rulemaking agency.

(c) An agency may “incorporate by reference” only if the following conditions are met:

(1) The agency demonstrates in the final statement of reasons that it would be cumbersome, unduly expensive, or otherwise impractical to publish the document in the California Code of Regulations.

(2) The agency demonstrates in the final statement of reasons that the document was made available upon request directly from the agency, or was reasonably available to the affected public from a commonly known or specified source. In cases where the document was not available from a commonly known source and could not be obtained from the agency, the regulation shall specify how a copy of the document may be obtained.

(3) The informative digest in the notice of proposed action clearly identifies the document to be incorporated by title and date of publication or issuance. If, in accordance with Government Code section 11346.8(c), the agency changes the originally proposed regulatory action or informative digest to include the incorporation of a document by reference, the document shall be clearly identified by title and date of publication or issuance in the notice required by section 44 of these regulations.

(4) The regulation text states that the document is incorporated by reference and identifies the document by title and date of publication or issuance. Where an authorizing California statute or other applicable law requires the adoption or enforcement of the incorporated provisions of the document as well as any subsequent amendments thereto, no specific date is required.

(5) The regulation text specifies which portions of the document are being incorporated by reference.

(d) If the document is a formal publication reasonably available from a commonly known or identified source, the agency need not provide six duplicate copies of the document under Government Code section 11343(c).

(e) Where a regulation which incorporates a document by reference is approved by OAL and filed with the Secretary of State, the document so incorporated shall be deemed to be a regulation subject to all provisions of the APA.

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 “Incorporation by Reference” in the section heading; substituting “California Code of Regulations” for “California Administrative Code” in subsections (a), (b), and (c)(1); and substituting “11344(c)” for “11344(e)” and adding “11344.6” 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 amending sections filed 7-25-90 pursuant to section 100, title 1, California Code of Regulations; operative 7-25-90 (Register 90, No. 38).

5. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations adding “11346.2” and deleting “11346.7(d)” in the reference citation under “NOTE.” Filed 1-3-95; operative upon filing (Register 95, No. 1).

Note

Note: Authority cited: Section 11342.4, Government Code. Reference: Sections 11343(c), 11344(c), 11344.6, 11346.2, 11346.4, 11346.5 and 11346.8(c), Government Code.