SECTIONS 11350-11350.3 - California Statutes

GOVERNMENT CODE

SECTION 11350-11350.3

11350. (a) Any interested person may obtain a judicial declaration
as to the validity of any regulation or order of repeal by bringing
an action for declaratory relief in the superior court in accordance
with the Code of Civil Procedure. The right to judicial determination
shall not be affected by the failure either to petition or to seek
reconsideration of a petition filed pursuant to Section 11340.7
before the agency promulgating the regulation or order of repeal. The
regulation or order of repeal may be declared to be invalid for a
substantial failure to comply with this chapter, or, in the case of
an emergency regulation or order of repeal, upon the ground that the
facts recited in the finding of emergency prepared pursuant to
subdivision (b) of Section 11346.1 do not constitute an emergency
within the provisions of Section 11346.1.
(b) In addition to any other ground that may exist, a regulation
or order of repeal may be declared invalid if either of the following
exists:
(1) The agency's determination that the regulation is reasonably
necessary to effectuate the purpose of the statute, court decision,
or other provision of law that is being implemented, interpreted, or
made specific by the regulation is not supported by substantial
evidence.
(2) The agency declaration pursuant to paragraph (8) of
subdivision (a) of Section 11346.5 is in conflict with substantial
evidence in the record.
(c) The approval of a regulation or order of repeal by the office
or the Governor's overruling of a decision of the office disapproving
a regulation or order of repeal shall not be considered by a court
in any action for declaratory relief brought with respect to a
regulation or order of repeal.
(d) In a proceeding under this section, a court may only consider
the following evidence:
(1) The rulemaking file prepared under Section 11347.3.
(2) The finding of emergency prepared pursuant to subdivision (b)
of Section 11346.1.
(3) An item that is required to be included in the rulemaking file
but is not included in the rulemaking file, for the sole purpose of
proving its omission.
(4) Any evidence relevant to whether a regulation used by an
agency is required to be adopted under this chapter.

11350.3. Any interested person may obtain a judicial declaration as
to the validity of a regulation or order of repeal which the office
has disapproved pursuant to Section 11349.3, or 11349.6, or of a
regulation that has been ordered repealed pursuant to Section 11349.7
by bringing an action for declaratory relief in the superior court
in accordance with the Code of Civil Procedure. The court may declare
the regulation valid if it determines that the regulation meets the
standards set forth in Section 11349.1 and that the agency has
complied with this chapter. If the court so determines, it may order
the office to immediately file the regulation with the Secretary of
State.