§ 50. Proposed Emergency Action Submission.

(a) State agencies submitting emergency regulations to OAL pursuant to Government Code section 11346.1 shall include:

(1) Seven copies of the specific language of the proposed emergency regulation as set forth in section 6;

(2) A completed Form 400, with at least one Form 400 bearing an original signature, attached to each copy of the proposed text as set forth in section 6;

(3) The finding of emergency required by Government Code section 11346.1(b);

(4) An estimate prepared in accordance with instructions adopted by the Department of Finance as required by Government Code section 11346.5(a)(6); and

(5)(A) A statement by the submitting agency confirming that it has complied with the requirement to provide notice of proposed rulemaking action pursuant to Government Code section 11346.1(a)(2); or

(B) A statement by the submitting agency confirming that the emergency situation addressed by the regulations clearly poses such an immediate, serious harm that delaying action to allow notice and public comment would be inconsistent with the public interest. The statement shall include:

1. Specific facts demonstrating by substantial evidence that failure of the rulemaking agency to adopt the regulation within the time periods required for notice pursuant to Government Code section 11346.1(a)(2) and for public comment pursuant to Government Code section 11349.6(b) will likely result in serious harm to the public peace, health, safety, or general welfare; and

2. Specific facts demonstrating by substantial evidence that the immediate adoption of the proposed regulation by the rulemaking agency can be reasonably expected to prevent or significantly alleviate that serious harm.

(b) OAL shall not approve any emergency regulation submitted with a subsection (a)(5)(B) statement that does not satisfy the requirements of subsection (a)(5)(B)1. and 2.

HISTORY

1. New section filed 2-25-2008; operative 3-26-2008 (Register 2008, No. 9).

Note

Note: Authority cited: Section 11342.4, Government Code. Reference: Sections 11342.545, 11346.1 and 11349.6, Government Code.