§ 5. Submission of Notices for Publication (Form 400).

(a) Each Friday is designated as the publication date of the California Regulatory Notice Register.

(b) At least ten calendar days before the desired publication date of any notice, an agency shall submit the following to OAL:

(1) four copies of the notice with a Form 400 (see Appendix A to this Article), or copy thereof, with Part A completed, attached to the front of two of the copies of the notice, and,

(2) if the notice is a notice of proposed regulatory action submitted pursuant to Government Code section 11346.4(a)(5), the submission shall also include a copy of each document required by Government Code section 11346.2(a).

(c) The Form 400 attached to the notice as provided in subsection (b), above, shall contain:

(1) a description of the subject matter of the notice and, if the notice is a notice of proposed regulatory action, the title(s) of the California Code of Regulations affected, with the first affected regulation section number listed;

(2) the requested publication date;

(3) the type of notice;

(4) the name of the submitting agency and the agency file number, if any, as well as the name and telephone number of an agency contact person for the notice submission;

(5) if the notice is a notice of proposed regulatory action submitted after an emergency filing, the agency shall enter the number assigned by OAL to the emergency filing in the box marked “All Previous Related OAL Regulatory Action Number(s)” (box 1b. of Part B); and

(6) if the notice is a notice of proposed regulatory action submitted after the readoption of an emergency filing, the agency shall enter the number assigned by OAL to the readoption of the emergency filing and the number assigned by OAL to the original emergency filing in the box marked “All Previous Related OAL Regulatory Action Number(s)” (box 1b. of Part B).

(d) Except for the types of notices described below in this subsection, the agency shall pay a notice printing fee to OAL in the amount of $40.00 per page, or any portion thereof, as printed in the California Regulatory Notice Register:

(1) a notice of proposed regulatory action submitted pursuant to Government Code section 11346.4(a)(5);

(2) a notice otherwise required by statute to be published in the California Regulatory Notice Register; or,

(3) a notice modifying information contained in a notice described in subsections (d)(1) or (d)(2) above.

(e) If a notice of proposed regulatory action fails to comply with the requirements of this Article or sections 11346.3, 11346.4(a)(5), and 11346.5 of the Government Code, OAL shall contact the agency within three business days to correct any deficiencies. If the deficiencies are not corrected by agreement between OAL and the agency within the three-day period, OAL shall promptly return the notice to the agency with a letter explaining the reasons for disapproval.

HISTORY

1. Renumbering of former section 120 as section 5 filed 6-26-90; operative 7-25-90 (Register 90, No. 35).

2. 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).

3. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations substituting “11346.2(a)” for “11346.7(a)” in subsection (b)(2); adding “11346.3,” the word “and,” and deleting “and 11346.53” in subsection (e); and adding “11346.2,” “11346.3,” the word “and,” and deleting “11346.53, and 11346.7,” in the reference citation under “NOTE.” Filed 1-3-95; operative upon filing (Register 95, No. 1).

4. Change without regulatory effect amending subsections (c)(5)-(6) filed 4-19-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 17).

Note

Note: Authority cited: Section 11342.4, Government Code. Reference: Sections 11344.1, 11346.2, 11346.3, 11346.4 and 11346.5, Government Code.