§ 1708.5. — 1708.5. (Added by Stats. 1999, Ch. 568, Sec. 2.)

(a)
The commission shall permit interested persons to petition the commission to adopt, amend, or repeal a regulation.
(b)
(1)
The commission shall consider a petition and, within six months from the date of receipt of the petition, either deny the petition or institute a proceeding to adopt, amend, or repeal the regulation.
(2)
The commission may extend the six month period for consideration of a petition pursuant to paragraph (1) to allow public review and comment pursuant to subdivision (g) of Section 311.
(c)
If the commission denies a petition, the order or resolution of the commission shall include a statement of the reasons of the commission for that denial.
(d)
If the commission finds that it is precluded by law from granting a petition, the statement of reasons for denial pursuant to subdivision (c) shall identify the relevant provisions of law.
(e)
The commission shall implement this section under the Rules of Practice and Procedure in effect on January 1, 2000. On or before July 1, 2001, the commission shall amend the Rules of Practice and Procedure to provide more specific procedures for handling a petition pursuant to this section.
(f)
Notwithstanding Section 1708, the commission may conduct any proceeding to adopt, amend, or repeal a regulation using notice and comment rulemaking procedures, without an evidentiary hearing, except with respect to a regulation being amended or repealed that was adopted after an evidentiary hearing, in which case the parties to the original proceeding shall retain any right to an evidentiary hearing accorded by Section 1708.

Legislative History

Added by Stats. 1999, Ch. 568, Sec. 2. Effective January 1, 2000.