§ 100285 Emergency Regulation Extension

This law says any emergency rules that were already in place on June 27, 1984 stay active until new emergency rules start on August 1, 1984, and the new rules become effective right away when they are filed, without any review by the Office of Administrative Law.

Key Takeaways

•Old emergency regulations stay in effect until the new emergency regulations become effective.
•The director must file the new emergency regulations with the Secretary of State, and they become effective immediately upon filing.
•The new regulations are considered an emergency and are not subject to review, approval, disapproval, or repeal by the Office of Administrative Law.
•The director must complete the formal rulemaking process and file all required documents before the 120‑day emergency period ends.

Example

A county health department had emergency rules about restaurant inspections that were active on June 27, 1984. Those rules keep working until the department files new emergency rules on August 1, 1984. When the new rules are filed with the Secretary of State, they start working immediately.

The old rules keep going until the new ones are filed, and the new ones start right away without waiting for any other agency to approve them.

(a) Notwithstanding Section 11346.1 of the Government Code regarding the duration of emergency regulations, any regulations adopted by the director pursuant to Section 100280 and in effect on June 27, 1984, shall remain in effect until emergency regulations adopted pursuant to subdivision (b) become effective. (b) The director shall adopt emergency regulations pursuant to Section 1267.7, to be effective August 1, 1984, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (c) The director shall transmit emergency regulations adopted pursuant to subdivision (b) directly to the Secretary of State for filing, and the regulations shall become effective immediately upon filing. (d) Upon completion of the formal regulation adoption process and prior to the expiration of the 120-day duration period of emergency regulations, the director shall transmit directly to the Secretary of State for filing the adopted regulations, the rulemaking file, and the certification of compliance, as required by subdivision (e) of Section 11346.1 of the Government Code. (e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any regulations adopted by the director pursuant to this section and any documentation filed with those regulations shall not be subject to any review, approval, disapproval, or repeal by the Office of Administrative Law. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)

Key Takeaways

•Old emergency regulations stay in effect until the new emergency regulations become effective.
•The director must file the new emergency regulations with the Secretary of State, and they become effective immediately upon filing.
•The new regulations are considered an emergency and are not subject to review, approval, disapproval, or repeal by the Office of Administrative Law.
•The director must complete the formal rulemaking process and file all required documents before the 120‑day emergency period ends.

Example

The old rules keep going until the new ones are filed, and the new ones start right away without waiting for any other agency to approve them.

Key Takeaways

Example

Key Terms

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§ 100285 Emergency Regulation Extension

Key Takeaways

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References

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Related Statutes

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Key Takeaways

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Key Terms

Related Statutes

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