Administrative Procedure Act (APA): Chapter 3.5 of the Government Code provides APA requirements. Beginning with section 11340, it cites the procedures that state agencies must follow in regulatory matters and the Office of Administrative Law's (OAL) review authority.
California Code of Regulations (CCR): The CCR is the repository for regulations adopted by state agencies. Regulations pertaining to mental health services are primarily found in Title 9.
California Regulatory Notice Register ("Notice Register" or "Z Register")": Weekly OAL publication, containing rulemaking notices and other information related to regulations.
Changes Without Regulatory Effect: The change does not materially alter any requirement, right, responsibility, prescription or other regulatory element. Title 1, Section 100 changes are not subject to the public notice and comment requirements of the APA.
Emergency Regulations: An emergency regulation is necessary for the immediate preservation of the public peace, health and safety, and may become effective before any public notice and hearing. Emergency regulations remain in effect for a 120-day period.
Informative Digest: The Informative Digest is a summary of existing laws and regulations that are directly related to the adoption, amendment, or repeal, and the effect of these changes. The purpose of the Informative Digest is to allow the public to quickly determine the effect of the regulation so that they will be able to determine if they want to comment about the regulation.
Notice of Emergency and Proposed Rulemaking: The Notice is published in the Notice Register to alert the public that a regulatory activity is planned. It contains basic information regarding the rulemaking. It also contains directions on how the public may submit comments regarding the rulemaking. The Notice "package" is available to the public, and contains additional rulemaking documents. The Notice "package" is mailed to persons on the Department's mailing list and to others who request it. E-mail is available as a delivery option.
Office of Administrative Law (OAL): OAL is the state agency providing oversight of regulatory actions by other state agencies, with authority to approve or disapprove regulations, based on legal and procedural requirements.
Office of Regulations: The Office within the Department of Mental Health, providing assistance and coordination to agency staff in developing regulations to be promulgated by the Director. The Office of Regulations also provides information to the public on regulation related matters.
Public Comment Period: The APA requires state agencies to set aside a 45-day period to receive input from the public on all regulations. Announcement of this comment period is contained in the Notice of Emergency or Proposed Action.
Public Hearing: A state agency may or may not schedule a public hearing on the regulatory action. If none is scheduled, an interested party may request one and the agency must comply if the request is received no later than 15 days before the end of the 45-day public comment period.
Regulations: The APA defines a regulation as "every rule, regulation, order or standard of general application adopted by any state agency to implement, interpret, or make specific the law enforced or administered by it." Regulations have the full force and effect of law.
Resubmission of Regulations: A regulation returned to an agency because of failure to meet the APA standards may be rewritten and resubmitted within 120 days without re-complying with the notice and public hearing requirements.
Rulemaking Record: The rulemaking record is the official record of the rulemaking proceeding and is the basis for OAL decisions on whether to approve or disapprove regulations. The rulemaking record is available for inspection by the public. For permission to inspect a rulemaking record, contact the Office of Regulations.
Section 100 Change: A regulation change without regulatory effect. The change does not materially alter any requirement, right, responsibility, prescription or other regulatory element. Section 100 changes are not subject to the public notice and comment requirements of the APA.
Statement of Reasons: The Statement of Reasons describes why the agency believes the regulation is necessary and provides the basis for the decision to take this course of action.
Statute: A statute is law enacted by the legislature. After a statute is enacted, a state agency may adopt, amend or repeal regulations that will implement, interpret or clarify the statute.
Text of Regulation: The text is the actual language of a regulation and carries the force of law once adopted.