The Executive Rulemaking Process, Governed by the Administrative Procedures Act

The executive rulemaking process is governed by the Administrative Procedures Act (Government Code § 11340). Once the appropriate state agency has published the regulatory text and notified the public of its availability, regulations are said to have been officially “noticed.” This commences a 45-day minimum comment period during which written public comments may be submitted. In many cases, a public hearing will be held at the close of the comment period through which the agency may receive oral testimony.

The agency will then consider the comments and make appropriate changes to the regulatory text. Major changes require that the regulations be noticed and published for a second 45-day minimum comment period and public hearing. Substantial and sufficiently related changes only require a 15-day comment period. If no substantial changes are made, the agency will issue a Final Statement of Reasons responding to all comments.

The agency then officially adopts the regulations and files them with the Office of Administrative Law (OAL) within one year of the official notice date. If the OAL approves the regulations, they are filed with the Secretary of State and effective within 30 days. If the OAL rejects the regulations, the OAL can either return them to the agency for revisions or publish a final notice of disapproval.