§ 11349.5. — 11349.5. (Amended by Stats. 1995, Ch. 938, Sec. 15.6.)

California § 11349.5.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 3.
• Title 2.: DIVISION 3. EXECUTIVE DEPARTMENT
• Part 1.: PART 1. STATE DEPARTMENTS AND AGENCIES
• Ch. 3.5.: CHAPTER 3.5. Administrative Regulations and Rulemaking
• Art. 6.: ARTICLE 6. Review of Proposed Regulations

Text

(a)
To initiate a review of a decision by the office, the agency shall file a written Request for Review with the Governor’s Legal Affairs Secretary within 10 days of receipt of the written opinion provided by the office pursuant to subdivision (b) of Section 11349.3. The Request for Review shall include a complete statement as to why the agency believes the decision is incorrect and should be overruled. Along with the Request for Review, the agency shall submit all of the
following:
(1)
The office’s written decision detailing the reasons for disapproval required by subdivision (b) of Section 11349.3.
(2)
Copies of all regulations, notices, statements, and other documents which were submitted to the office.
(b)
A copy of the agency’s Request for Review shall be delivered to the office on the same day it is delivered to the Governor’s office. The office shall file its written response to the agency’s request with the Governor’s Legal Affairs Secretary within 10 days and deliver a copy of its response to the agency on the same day it is delivered to the Governor’s office.
(c)
The Governor’s office shall provide the requesting agency and the office with a written decision within 15 days of receipt of the response by the
office to the agency’s Request for Review. Upon receipt of the decision, the office shall publish in the California Regulatory Notice Register the agency’s Request for Review, the office’s response thereto, and the decision of the Governor’s office.
(d)
The time requirements set by subdivisions (a) and (b) may be shortened by the Governor’s office for good cause.
(e)
The Governor may overrule the decision of the office disapproving a proposed regulation, an order repealing an emergency regulation adopted pursuant to subdivision (b) of Section 11346.1, or a decision refusing to allow the readoption of an emergency regulation pursuant to Section 11346.1. In that event, the office shall immediately transmit the regulation to the Secretary of State for filing.
(f)
Upon overruling the decision of the office, the Governor
shall immediately transmit to the Committees on Rules of both houses of the Legislature a statement of his or her reasons for overruling the decision of the office, along with copies of the adopting agency’s initial statement of reasons issued pursuant to Section 11346.2 and the office’s statement regarding the disapproval of a regulation issued pursuant to subdivision (b) of Section 11349.3. The Governor’s action and the reasons therefor shall be published in the California Regulatory Notice Register.

Legislative History

Amended by Stats. 1995, Ch. 938, Sec. 15.6. Effective January 1, 1996.