The Legislature finds and declares that the purpose of this chapter is to establish basic minimum procedural requirements for the adoption, amendment, or repeal of board regulations. Nothing in this chapter repeals or diminishes additional requirements imposed by statute.
GeneralAdministrative Regulations
Section § 18210
This section explains that the chapter's goal is to set up basic rules for how board regulations are adopted, changed, or removed. It also clarifies that these rules do not remove or reduce any other legal requirements that may exist.
procedural requirements board regulations adoption process
Section § 18211
This law states that the regulations made by the State Personnel Board in California don't have to follow the usual process and requirements set by the Administrative Procedure Act, except in certain circumstances detailed in Sections 18215 and 18216.
Regulations adopted by the State Personnel Board are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3), except as provided in Sections 18215 and 18216.
State Personnel Board regulations exemption from Administrative Procedure Act administrative rules exception
Section § 18212
This law section defines what "regulation" means in the context of this chapter. A regulation is any rule or standard that the board creates to clarify or apply the laws they enforce, but with some exceptions. Specifically, it does not include interpretations of existing law that are clear and indisputable, nor decisions that merely apply established law to specific situations. It also excludes rules about the board's internal management or routine, minor instructions that don't considerably impact the rights, privileges, or duties of state bodies or individuals.
For the purposes of this chapter, “regulation” means every rule, regulation, order, or standard of general application adopted or amended by the board to implement, interpret, or make specific the law enforced or administered by it, except that the following are not regulations:
(a)CA Government Code § 18212(a) A rule that constitutes the only legally tenable interpretation of existing law.
(b)CA Government Code § 18212(b) A decision that does no more than apply a duly adopted provision of law to a particular set of facts.
(c)CA Government Code § 18212(c) A rule relating only to the internal management of the board that does not in itself significantly affect the rights, privileges, or duties of state agencies, state employees, or other persons.
(d)CA Government Code § 18212(d) A routine, technical, or procedural instruction or criterion that does not in itself significantly affect the rights, privileges, or duties of state agencies, employees, or other persons.
regulation definition board rules law interpretation
Section § 18213
This section allows for certain regulations to be adopted without needing to notify the public or allowing for their input. The areas it covers include the selection and examinations of employees, as long as all the rules are accessible to those interested, and the classification of positions.
A regulation concerning the following may be adopted without public notice or comment:
(a)CA Government Code § 18213(a) Selection and examinations. However, all of these rules shall be reasonably available to all interested parties.
(b)CA Government Code § 18213(b) Classification.
regulation adoption public notice exemption no public comment required
Section § 18214
This law outlines the process for adopting a new regulation, except for certain cases specified in other sections. Before the board takes action, they must announce the proposed regulation 30 days in advance to key officials, employee associations, and anyone who asks for notice. The public can see the proposed changes, which are clearly marked, and the reasons for these changes. There will be opportunities for written and oral feedback. Once the board adopts a regulation, it must be filed with the Office of Administrative Law and published.
(a)CA Government Code § 18214(a) The procedures set forth in subdivisions (b), (c), and (d) shall apply to the adoption of a regulation concerning all matters not specified in Section 18213, 18215, or 18216.
(b)CA Government Code § 18214(b) The board shall prepare and submit to the Office of Administrative Law for publication in the California Regulatory Notice Register 30 days prior to board action a notice of the proposed action.
(c)CA Government Code § 18214(c) The board shall mail a notice of the proposed action 30 days prior to board action to members of the Governor’s cabinet, department heads, employee associations, and persons requesting this notice, and shall make available to the public upon request, all of the following:
(1)CA Government Code § 18214(c)(1) The notice of proposed action.
(2)CA Government Code § 18214(c)(2) A copy of the express terms of the proposed regulation, using underline or italics to indicate additions to, and strikeout to indicate deletions from, the California Code of Regulations, followed by a note containing authority and reference citations.
(3)CA Government Code § 18214(c)(3) A brief statement of reasons for the proposed regulation.
(d)CA Government Code § 18214(d) The board shall do all of the following:
(1)CA Government Code § 18214(d)(1) Provide opportunity for written comment to the board, and oral comment at board meetings or hearings.
(2)CA Government Code § 18214(d)(2) Submit adopted regulations to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations.
regulation adoption process notice of proposed action public notice
Section § 18215
This law details which regulations related to board hearing procedures are governed by the Administrative Procedure Act. It covers procedures for public testimony, disciplinary matters, disability discrimination complaints, drug testing, and employee discipline unless specifically driven by statutes or court rulings. Rulings made by administrative law judges are exempt. However, there are exceptions where certain sections of the Administrative Procedure Act do not apply to these regulations.
(a)CA Government Code § 18215(a) Except as provided in subdivision (b), regulations concerning the following subject matters shall be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3):
(1)CA Government Code § 18215(a)(1) Board hearing procedures relating to public testimony and participation, except a procedure that is expressly required by statute.
(2)CA Government Code § 18215(a)(2) Board hearing procedures relating to disciplinary and merit matters, and disability discrimination complaints, including claims of discrimination based upon medical condition, mental disability or physical disability and denial of reasonable accommodation, unless the
board hearing procedures are mandated by statutes, court decisions, or board precedential decisions. However, rulings within the discretion of an administrative law judge are not subject to this article.
(3)CA Government Code § 18215(a)(3) Drug testing.
(4)CA Government Code § 18215(a)(4) Grounds for employee discipline.
(b)CA Government Code § 18215(b) Notwithstanding subdivision (a), the following provisions of the Administrative Procedure Act shall not apply to regulations concerning the subject matters specified in subdivision (a):
(1)CA Government Code § 18215(b)(1) Paragraph (1) of subdivision (a) of, and paragraphs (4) and (5) of subdivision (b) of, Section 11346.2.
(2)CA Government Code § 18215(b)(2) Section 11346.3.
(3)CA Government Code § 18215(b)(3) Paragraph (3) of subdivision (a) of Section
11346.4.
(4)CA Government Code § 18215(b)(4) Subparagraph (B) of paragraph (3) of, and paragraphs (5) and (7) to (12), inclusive, of, subdivision (a) of Section 11346.5.
(5)CA Government Code § 18215(b)(5) Paragraphs (2), (4), and (5) of subdivision (a) of Section 11346.9.
(6)CA Government Code § 18215(b)(6) Paragraphs (6) and (7) of subdivision (b) of Section 11347.3.
(7)CA Government Code § 18215(b)(7) Subdivisions (a), (e), and (f) of Section 11349.
(8)CA Government Code § 18215(b)(8) Paragraphs (1), (5), and (6) of subdivision (a) of, and paragraph (3) of subdivision (d) of, Section 11349.1.
board hearing procedures public testimony disciplinary matters
Section § 18216
This law section states that any rules about outsourcing government contracts must follow the guidelines of the Administrative Procedure Act.
Regulations concerning contracting out shall be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3).
contracting out outsourcing regulations government contracts
