Formal review process for office of administrative law

By CMTA Staff

Capitol Update, Aug. 19, 2005 Share this on FacebookTweet thisEmail this to a friend

In 1982, statutory enactments under the Administrative Procedures Act (APA) permitted the Office of Administrative Law (OAL) to begin issuing determinations on whether an agency rule or guideline was an underground regulation.  An "underground regulation" is a regulation that is used or enforced by an agency without first being properly adopted pursuant to APA procedural requirements.

AB 1351 (Juan Vargas, D-San Diego ) was introduced to institute a formal procedure to govern these determinations by the OAL.

Specifically, AB 1351 will (1) dictate the contents of a petition for an OAL determination; (2) set a time period for the OAL to decide whether to consider the petition on its merits; (3) establish publication and public comment requirements for petitions considered on their merits; (4) require challenged agencies to participate in the determination process by responding to a petition; and (5) set a time period for the OAL to issue its determination on the merits.

AB 1351 will, among other things, provide needed clarity in the process, especially to people who believe that government agencies are not obeying the APA, by tackling the issues surrounding underground regulations that often impose costly and unworkable mandates on the employer community.

This bill currently sits on the Senate Appropriations "suspense file". CMTA is hopeful that the committee will release it next week.
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