SECTIONS 11835 - California Statutes

HEALTH AND SAFETY CODE

SECTION 11835

11835. (a) The purposes of any regulations adopted by the
department shall be to implement, interpret, or make specific the
provisions of this part and shall not exceed the authority granted to
the department pursuant to this part. To the extent possible, the
regulations shall be written in clear and concise language and
adopted only when necessary to further the purposes of this part.
(b) Except as provided in this section, the department may adopt
regulations in accordance with the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of the Title 2 of the Government Code)
necessary for the proper execution of the powers and duties granted
to and imposed upon the department by this part. However, these
regulations may be adopted only upon the following conditions:
(1) Prior to adoption of regulations, the department shall consult
with county alcohol and drug program administrators and may consult
with any other appropriate persons relating to the proposed
regulations.
(2) If an absolute majority of the designated county alcohol and
drug program administrators who represent counties that have
submitted county plans, negotiated net amount contracts, or Drug
Medi-Cal contracts, vote at a public meeting called by the
department, for which 45 days' advance notice shall be given by the
department, to reject the proposed regulations, the department shall
refer the matter for a decision to a committee, consisting of a
representative of the county alcohol and drug program administrators,
the director, the secretary, and one designee of the secretary. The
decision shall be made by a majority vote of this committee at a
public meeting convened by the department. Upon a majority vote of
the committee recommending adoption of the proposed regulations, the
department may then adopt them. Upon a majority vote recommending
that the department not adopt the proposed regulations, the
department shall then consult again with the county alcohol and drug
program administrators and resubmit the proposed regulations to the
administrators for a vote pursuant to this subdivision.
(3) In the voting process described in paragraph (2), no proxies
shall be allowed nor may anyone other than the designated county
alcohol and drug program administrator, director, secretary, and
secretary's designee vote at the meetings.