Book Description

In California, laws are enacted by the Legislature and are called “statutes”. Often times, the Legislature enacts statutes that allow or require a state agency in the Executive Branch to adopt “regulations”. A “regulation” is a policy or procedure affecting the public or any segment of the public that implements, interprets, or makes specific a statute the state agency enforces or administers. Unless expressly exempted, state agencies must follow the procedures and requirements set forth in the California Administrative Procedure Act (Government Code § 11340 et seq.) (APA) and rules adopted by the Office of Administrative Law (OAL). Once properly adopted, regulations have the force of law and therefore can directly affect the legal rights and duties of members of the public. The APA is designed to provide the public with a meaningful opportunity to participate in the adoption of regulations by California state agencies and to ensure the creation of an adequate record for OAL and judicial review. -- from Introduction.