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HomeGovernment CodeDiv. 3Pt. 1Ch. 3.5Art. 8§ 11350 Regulation Validity Challenges

§ 11350 Regulation Validity Challenges

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 11350 Regulation Validity Challenges

Key Takeaways

  • •Anyone can ask a court to check if a rule or decision by the government is fair or legal.
  • •A rule can be called unfair if the government didn’t follow the right steps or if there’s no real emergency.
  • •A rule can also be unfair if the government didn’t have good enough reasons or proof for making it.
  • •The court can only look at certain papers and facts when deciding if a rule is fair.

Example

A new rule says no one can sell lemonade stands in the park without a special permit.

If people think this rule is silly and not needed, they can go to court and ask a judge to check if the government had good reasons for making it. If the government didn’t have good proof that lemonade stands are a problem, the judge might say the rule is unfair and get rid of it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 11350 Regulation Validity Challenges

(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. (Amended by Stats. 2006, Ch. 713, Sec. 5. Effective January 1, 2007.)

Last verified: January 22, 2026

Key Terms

regulationevidenceportemergencyconsiderationgovernorterminationdeclaration

Related Statutes

  • § 11346.9 Regulation Adoption Justification
  • § 11349.1 Regulation Review Standards
  • § 19888.2 Emergency Appointment Authority
  • § 5703 Bond Underwriter Selection Process
  • § 7922.535 Public Records Request Deadlines

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 11350.
View Official Source