SECTIONS 11343-11343.8 - California Statutes

GOVERNMENT CODE

SECTION 11343-11343.8

11343. Every state agency shall:
(a) Transmit to the office for filing with the Secretary of State
a certified copy of every regulation adopted or amended by it except
one that is a building standard.
(b) Transmit to the office for filing with the Secretary of State
a certified copy of every order of repeal of a regulation required to
be filed under subdivision (a).
(c) Deliver to the office, at the time of transmittal for filing a
regulation or order of repeal, six duplicate copies of the
regulation or order of repeal, together with a citation of the
authority pursuant to which it or any part thereof was adopted.
(d) Deliver to the office a copy of the notice of proposed action
required by Section 11346.4.
(e) Transmit to the California Building Standards Commission for
approval a certified copy of every regulation, or order of repeal of
a regulation, that is a building standard, together with a citation
of authority pursuant to which it or any part thereof was adopted, a
copy of the notice of proposed action required by Section 11346.4,
and any other records prescribed by the State Building Standards Law
(Part 2.5 (commencing with Section 18901) of Division 13 of the
Health and Safety Code).
(f) Whenever a certification is required by this section, it shall
be made by the head of the state agency that is adopting, amending,
or repealing the regulation, or by a designee of the agency head, and
the certification and delegation shall be in writing.

11343.1. (a) All regulations transmitted to the Office of
Administrative Law for filing with the Secretary of State shall
conform to the style prescribed by the office.
(b) Regulations approved by the office shall bear an endorsement
by the office affixed to the certified copy which is filed with the
Secretary of State.

11343.2. The Secretary of State shall endorse on the certified copy
of each regulation or order of repeal filed with or delivered to him
or her, the time and date of filing and shall maintain a permanent
file of the certified copies of regulations and orders of repeal for
public inspection.
No fee shall be charged by any state officer or public official
for the performance of any official act in connection with the
certification or filing of regulations pursuant to this article.

11343.4. A regulation or an order of repeal required to be filed
with the Secretary of State shall become effective on the 30th day
after the date of filing unless:
(a) Otherwise specifically provided by the statute pursuant to
which the regulation or order of repeal was adopted, in which event
it becomes effective on the day prescribed by the statute.
(b) A later date is prescribed by the state agency in a written
instrument filed with, or as part of, the regulation or order of
repeal.
(c) The agency makes a written request to the office demonstrating
good cause for an earlier effective date, in which case the office
may prescribe an earlier date.

11343.5. Within 10 days from the receipt of printed copies of the
California Code of Regulations or of the California Code of
Regulations Supplement from the State Printing Office, the office
shall file one copy of the particular issue of the code or supplement
in the office of the county clerk of each county in this state, or
if the authority to accept filings on his or her behalf has been
delegated by the county clerk of any county pursuant to Section
26803.5, in the office of the person to whom that authority has been
delegated.

11343.6. The filing of a certified copy of a regulation or an order
of repeal with the Secretary of State raises the rebuttable
presumptions that:
(a) It was duly adopted.
(b) It was duly filed and made available for public inspection at
the day and hour endorsed on it.
(c) All requirements of this chapter and the regulations of the
office relative to such regulation have been complied with.
(d) The text of the certified copy of a regulation or order of
repeal is the text of the regulation or order of repeal as adopted.
The courts shall take judicial notice of the contents of the
certified copy of each regulation and of each order of repeal duly
filed.

11343.8. Upon the request of a state agency, the office may file
with the Secretary of State and the office may publish in such manner
as it believes proper, any regulation or order of repeal of a
regulation not required by this article to be filed with the
Secretary of State.