§ 260. Submission of Petitions Regarding Underground Regulations.

(a) Any interested person may submit a petition to OAL alleging that a state agency has issued, used, enforced, or attempted to enforce an underground regulation and seeking a determination from OAL pursuant to Section 11340.5 of the Government Code. The petitioner shall submit a copy of the petition and all attachments to the agency prior to submitting it to OAL. The submission of a petition pursuant to this chapter is not required prior to commencing legal action alleging a violation of section 11340.5 of the Government Code.

(b) Any petition seeking a determination shall include all of the following:

(1) The name and contact information of the petitioner.

(2) The name of the agency that has allegedly issued, used, enforced, or attempted to enforce an underground regulation.

(3) A complete description of the particular underground regulation and a written copy of the purported underground regulation. If the purported underground regulation is found in an agency manual, the petition shall identify the specific provision of the manual alleged to comprise the underground regulation.

(4) A description of the actions of the agency showing that it has issued, used, enforced, or attempted to enforce the underground regulation.

(5) The legal basis for concluding that the guideline, criterion, bulletin, provision in a manual, instruction, order, standard of general application, or other rule or procedure is a regulation as defined in Section 11342.600 of the Government Code and that no express statutory exemption to the requirements of the APA is applicable.

(6) Information demonstrating that the petition raises an issue of considerable public importance requiring prompt resolution.

(7) The petition's certification that the petitioner has submitted a copy of the petition and all attachments to the agency, including the name, address, and telephone number of the person to whom the copy was submitted.

HISTORY

1. New section filed 3-27-2006; operative 3-27-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 13).

2. Change without regulatory effect amending subsection (b)(3) filed 1-20-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 4).

Note

Note: Authority cited: Section 11342.4, Government Code. Reference: Section 11340.5, Government Code.