SECTIONS 18210-18216 - California Statutes

GOVERNMENT CODE

SECTION 18210-18216

18210. The Legislature finds and declares that the purpose of this
chapter is to establish basic minimum procedural requirements for the
adoption, amendment, or repeal of board regulations. Nothing in this
chapter repeals or diminishes additional requirements imposed by
statute.

18211. Regulations adopted by the State Personnel Board are exempt
from the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3), except as provided in
Sections 18215 and 18216.

18212. For the purposes of this chapter, "regulation" means every
rule, regulation, order, or standard of general application adopted
or amended by the board to implement, interpret, or make specific the
law enforced or administered by it, except that the following are
not regulations:
(a) A rule that constitutes the only legally tenable
interpretation of existing law.
(b) A decision that does no more than apply a duly adopted
provision of law to a particular set of facts.
(c) A rule relating only to the internal management of the board
that does not in itself significantly affect the rights, privileges,
or duties of state agencies, state employees, or other persons.
(d) A routine, technical, or procedural instruction or criterion
that does not in itself significantly affect the rights, privileges,
or duties of state agencies, employees, or other persons.

18213. A regulation concerning the following may be adopted without
public notice or comment:
(a) Selection and examinations. However, all of these rules shall
be reasonably available to all interested parties.
(b) Classification.

18214. (a) The procedures set forth in subdivisions (b), (c), and
(d) shall apply to the adoption of a regulation concerning all
matters not specified in Section 18213, 18215, or 18216.
(b) The board shall prepare and submit to the Office of
Administrative Law for publication in the California Regulatory
Notice Register 30 days prior to board action a notice of the
proposed action.
(c) The board shall mail a notice of the proposed action 30 days
prior to board action to members of the Governor's cabinet,
department heads, employee associations, and persons requesting this
notice, and shall make available to the public upon request, all of
the following:
(1) The notice of proposed action.
(2) A copy of the express terms of the proposed regulation, using
underline or italics to indicate additions to, and strikeout to
indicate deletions from, the California Code of Regulations, followed
by a note containing authority and reference citations.
(3) A brief statement of reasons for the proposed regulation.
(d) The board shall do all of the following:
(1) Provide opportunity for written comment to the board, and oral
comment at board meetings or hearings.
(2) Submit adopted regulations to the Office of Administrative Law
for filing with the Secretary of State and publication in the
California Code of Regulations.

18215. (a) Except as provided in subdivision (b), regulations
concerning the following shall be subject to the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3):
(1) Representation of minorities, women, and persons with
disabilities in the state workforce.
(2) Equal employment opportunities.
(3) Board hearing procedures relating to public testimony and
participation, except a procedure that is expressly required by
statute.
(4) Disciplinary hearing procedures not mandated by statutes,
court decisions, or board precedential decisions. However, rulings
within the discretion of an administrative law judge are not subject
to this article.
(5) Drug testing.
(6) Grounds for employee discipline.
(7) Reasonable accommodation.
(b) Notwithstanding subdivision (a), the following provisions of
the Administrative Procedure Act shall not apply to regulations
concerning the subjects specified in subdivision (a):
(1) Section 11346.14.
(2) Paragraph (1) of subdivision (a) of, and paragraphs (4), (5),
and (6) of subdivision (b) of, Section 11346.2.
(3) Section 11346.3.
(4) Paragraph (3) of subdivision (a) of Section 11346.4.
(5) Subparagraph (B) of paragraph (3) of, and paragraphs (5) and
(7) to (12), inclusive, of, subdivision (a) of Section 11346.5.
(6) Paragraphs (2), (4), and (5) of subdivision (a) of Section
11346.9.
(7) Paragraphs (3) and (4) of subdivision (a) of Section 11347.3.
(8) Subdivisions (a), (e), and (f) of Section 11349.
(9) Paragraphs (1), (5), and (6) of subdivision (a) of, and
paragraph (3) of subdivision (d) of, Section 11349.1.

18216. Regulations concerning contracting out shall be subject to
the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3).