ARNOLD SCHWARZENEGGER, GOVERNOR

REGISTER 2008, NO. 10–Z

OFFICE OF ADMINISTRATIVE LAW

PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW

MARCH 7, 2008

PROPOSED ACTION ON REGULATIONS
TITLE 2. FAIR POLITICAL PRACTICES COMMISSION
Conflict of Interest Codes — Notice File No. Z08–0225–02 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
STATE AGENCY: Secretary of State
TITLE 2. FAIR POLITICAL PRACTICES COMMISSION
Complaints — Notice File No. Z08–0225–01 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
TITLE 4. STATE ATHLETIC COMMISSION
Various Regulatory Proposals and Amendments — Notice File No. 08–0222–02
TITLE 4. CALIFORNIA HORSE RACING BOARD
Occupational Licenses and Fees — Notice File No. Z08–0226–05

. . . . . . . . . . . . . . . . . . . . . . . . . . . 321

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324

TITLE 10. MANAGED RISK MEDICAL INSURANCE BOARD
HFP — AB203 Deletion of Medi–Cal Bridge — Notice File No. Z08–0226–10
TITLE 10. MANAGED RISK MEDICAL INSURANCE BOARD
HFP — Disenrollment/Waiting List — Notice File No. Z08–0226–09

. . . . . . . . . . . . . . . . . . . . . . . . . . . . 328

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331

TITLE 14. DEPARTMENT OF PARKS AND RECREATION
Land and Water Conservation Fund Program — Notice File No. Z08–0225–03 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333
TITLE 17. DEPARTMENT OF DEVELOPMENTAL SERVICES
Respite Care Rate Increase — Notice File No. Z08–0226–03 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
TITLE 24. BUILDING STANDARDS COMMISSION
Amend the 2007 California Plumbing Code, Part 5 — Notice File No. 08–0226–01

. . . . . . . . . . . . . . . . . . . . . . . . 338

GENERAL PUBLIC INTEREST
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
List of Prospective Contractors Ineligible to Enter Into State Contracts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341

(Continued on next page)

TimeDated
Material

RULEMAKING PETITION DECISIONS
DEPARTMENT OF CORRECTIONS AND REHABILITATION
Regarding Petitioner Tuvalu Tutuila Concerning a Statewide Toilet Flushing Policy

. . . . . . . . . . . . . . . . . . . . . . . . 341

ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND
REGULATIONS
Regarding Department of Corrections and Rehabilitation Concerning In–level Inmate Transfers
to other Prisons “Unless There is a Medical/Mental Health Necessity (of the inmate) or Transfers
Required to Maintain the Safety and Security of the Institution.” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343

OAL REGULATORY DETERMINATIONS
(2008 OAL Determination No. 1) — Indeterminate Security Housing Unit Status for Disruptive
Inmates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346

SUMMARY OF REGULATORY ACTIONS
Regulations filed with the Secretary of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350
Sections Filed, September 26, 2008 to February 27, 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353

The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing
notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the
California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the
California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore,
that issues of the California Regulatory Notice Register be retained for a minimum of 18 months.
CALIFORNIA REGULATORY NOTICE REGISTER (USPS 002–931), (ISSN 1041-2654) is published weekly by the Office
of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Thomson West
and is offered by subscription for $302.00 (annual price). To order or make changes to current subscriptions, please call (800)
888-3600. “Periodicals Postage Paid in Saint Paul, MN.” POSTMASTER: Send address changes to the: CALIFORNIA
REGULATORY NOTICE REGISTER, Thomson–West/Barclays, P.O. Box 2006, San Francisco, CA 94126. The Register can
also be accessed at http://www.oal.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
the amendment to the agency for revision and re–submission within 60 days without further notice.
Any interested person may present statements, arguments, or comments, in writing to the Executive Director of the Commission, relative to review of the proposed amendment to the conflict of interest code. Any
written comments must be received no later than April
21, 2008. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.

PROPOSED ACTION ON
REGULATIONS
Information contained in this document is
published as received from agencies and is
not edited by Thomson West.
TITLE 2. FAIR POLITICAL
PRACTICES COMMISSION

COST TO LOCAL AGENCIES
There shall be no reimbursement for any new or increased costs to local government which may result
from compliance with these codes because these are not
new programs mandated on local agencies by the codes
since the requirements described herein were mandated
by the Political Reform Act of 1974. Therefore, they are
not “costs mandated by the state” as defined in Government Code section 17514.

NOTICE IS HEREBY GIVEN that the Fair Political
Practices Commission, pursuant to the authority vested
in it by sections 82011, 87303, and 87304 of the Government Code to review proposed conflict of interest
codes, will review the amended conflict of interest
codes of the following agencies:
CONFLICT OF INTEREST CODE

EFFECT ON HOUSING COSTS
AND BUSINESSES
AMENDMENT
Compliance with the codes has no potential effect on
housing costs or on private persons, businesses, or
small businesses.

STATE AGENCIES: Secretary of State
A written comment period has been established commencing on March 7, 2008, and closing on April 21,
2008. Written comments should be directed to
Adrianne Korchmaros, Fair Political Practices Commission, 428 J Street, Suite 620, Sacramento, California 95814.
At the end of the 45–day comment period, the proposed amendment to the conflict of interest code will be
submitted to the Commission’s Executive Director for
review, unless any interested person, or his or her duly
authorized representative, requests, no later than 15
days prior to the close of the written comment period, a
public hearing before the full Commission. If a public
hearing is requested, the proposed amendment will be
submitted to the Commission for review.
The Executive Director of the Commission will review the above–referenced amendment to the conflict
of interest code, proposed pursuant to Government
Code section 87300, which designates, pursuant to
Government Code section 87302, employees who must
disclose certain investments, interests in real property,
and income.
The Executive Director or the Commission, upon his
or her own motion or at the interest of any interested
person, will approve, or revise and approve, or return

AUTHORITY
Government Code sections 82011, 87303, and 87304
provide that the Fair Political Practices Commission as
the code reviewing body for the above conflict of interest code shall approve codes as submitted, revise the
proposed code, and approve it as revised, or return the
proposed code for revision and re–submission.
REFERENCE
Government Code sections 87300 and 87306 provide
that agencies shall adopt and promulgate conflict of interest codes pursuant to the Political Reform Act and
amend their codes when change is necessitated by
changed circumstances.
CONTACT
Any inquiries concerning the proposed conflict of interest code(s) should be made to Adrianne Korchmaros,
Fair Political Practices Commission, 428 J Street, Suite
620, Sacramento, California 95814, telephone (916)
322–5660.
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TITLE 2. FAIR POLITICAL
PRACTICES COMMISSION

Subdivision (a) of the existing regulation only applies
the formal complaint process to complaints alleging
violations of the Act at the state level. Government
Code Section 83115 does not confine its application to
alleged state–level violations. Therefore, the Commission proposes modifying the regulation to apply the formal complaint process to any alleged violations of the
Act, whether at the state or local level. The Commission
also proposes adding language to clarify that the Commission may investigate complaints on its own initiative.
Subdivision (b) of the existing regulation permits a
formal complaint to be filed by use of either the Commission’s own form or a document created by the complainant that includes specified minimum information.
The Commission has developed a formal complaint
form, available online, to ensure consistency in format
and save staff time in processing these complaints.
Also, since the formal complaint is signed under penalty of perjury, the Commission proposes adding a provision requiring that a formal complainant state in the
complaint the basis for his or her personal knowledge
that the allegations are true and correct.
Subdivision (c) of the existing regulation permits persons to file “informal” complaints with the Commission. Government Code Section 83115 makes no mention of informal complaints and the regulation does not
specify their format. The Commission proposes modifying the regulation to permit a person who does not desire to file a formal complaint to supply information
concerning possible violations to the Commission by
telephone and, at the complainant’s option, do so anonymously. This will save staff time in not only processing
unnecessary paper but also in obtaining more focused
information on the alleged violation. As clarified in
subdivision (a), the Commission retains the ability to
“investigate possible violations,” pursuant to Section
83115, “on its own initiative” and can use this focused
information to do so.
Also, the existing regulation requires staff to provide
the Commissioners with unspecified information on informal complaints on a regular basis (subdivision (c))
and provide Commissioners with a copy of each formal
complaint (subdivision (d)).
To avoid potential due process issues, the Commissioners should be provided with the minimal information necessary to inform them of the matters under consideration by the Commission’s Enforcement Division.
Therefore, the Commission proposes amending the regulation to define exactly what information will be provided to the Commissioners on both formal complaints
and matters the Commission is pursuing on its own initiative. The amendments also clarify that a Commissioner may request a copy of any formal complaint, unless it is determined that providing the complaint will

NOTICE IS HEREBY GIVEN that the Fair Political
Practices Commission (hereafter, “the Commission”),
under the authority vested in it by Section 83112 of the
Government Code, proposes to adopt, amend, or repeal
regulations in Title 2, Division 6 of the California Code
of Regulations. The Commission will consider the proposed regulation at a public hearing on or after April
10, 2008, at the offices of the Fair Political Practices
Commission, 428 J Street, Suite 800, Sacramento,
California, commencing at approximately 10:00 a.m.
Written comments must be received at the Commission
offices no later than 5:00 p.m. on April 9, 2008.
BACKGROUND/OVERVIEW
Government Code Section 83115 permits the Commission to pursue investigations of violations of the
Political Reform Act (Government Code Sections
81000–91014; hereafter, “the Act”) on its own initiative
or in response to a sworn complaint filed with the Commission. If the Commission receives a sworn complaint, the complainant is entitled to receive written notification from the Commission within a specified time
period on the action it intends to take on the complaint.
The Commission adopted 2 Cal. Code Regs. Section
18360 to implement and interpret Government Code
Section 83115 in 1975 and the last substantive amendment to the regulation was made in 1982. The regulation has never been modified to implement amendments to Government Code Section 83115 made in
1985. Also, court rulings in recent years concerning issues of procedural due process make it necessary for the
Commission to reconsider some of the procedures contained in the regulation. In addition, the provisions of
the regulation must be modified to facilitate the Commission’s compliance with the California Public Records Act (Government Code Section 6250 et seq.). Finally, it is necessary to make several clarifying, stylistic
and other nonsubstantive amendments to the regulation.
The Commission also proposes amending 2 Cal.
Code Regs. Section 18361 to correct an incorrect cross–
reference and permit the Commission’s Executive Director to delegate his or her duties under 2 Cal. Code
Regs. Section 18360 in specified circumstances.
REGULATORY ACTION
Amend 2 Cal. Code Regs. Section 18360
The substantive amendments to the regulation to be
considered by the Commission, and the reasons for the
amendments, are set forth below.
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to implement its decisions concerning the issues identified above or related issues.

compromise his or her impartiality in that matter. (See
proposed subdivision (d).)
Subdivisions (e) through (i) of the existing regulation
require the Commission and staff to engage in a potentially elaborate process to arrive at a decision on the action to take on the formal complaint and notify the complainant of that decision. The process could involve as
many as three Commission closed sessions and internal
deliberations of indeterminate length. Most of these
procedures are unduly complicated, unnecessarily consume time of the Commission and staff, pose serious
due process concerns, and delay providing the information to the complainant required by Section 83115.
The Commission therefore proposes eliminating this
process and amending the regulation to instead provide
that the Executive Director’s response to the complainant as set forth in new subdivision (f) serve as the Commission’s statutorily–required response to the formal
complaint. When the Commission informs the complainant it will investigate the complaint, the letter will
caution the complainant that the culpability of the person who is the subject of the complaint has not been determined. When the Commission informs the complainant it will take no action on the complaint, the letter
will indicate that the complainant can submit additional
information. Also in subdivision (f), the Commission
proposes providing persons who are the subject of a formal complaint with information on the complaint, subject to the Commission’s discretion to withhold all or
part of the information and the nondisclosure is consistent with the requirements of law, which would include
the California Public Records Act.
In new subdivision (g), the Commission proposes
providing a person who files a formal complaint with
continuing information on the status of the case after the
Commission’s Enforcement Division commences an
investigation of the complaint.
Amend 2 Cal. Code Regs. Section 18361
This regulation currently permits the Commission’s
Executive Director to delegate his or her authority under the Commission’s enforcement regulations when
the Executive Director is unavailable or cannot be fair
or impartial in a particular enforcement matter. The regulation must be amended to correct an incorrect cross–
reference to a Commission regulation that does not exist. In addition, the Commission proposes amending
this regulation to permit the Executive Director to be
able to also delegate his or her duties under 2 Cal. Code
Regs. Section 18360.

FISCAL IMPACT STATEMENT
Fiscal Impact on Local Government. This regulation
will have no fiscal impact on any local entity or program.
Fiscal Impact on State Government. This regulation
will have no fiscal impact on any state entity or program.
Fiscal Impact on Federal Funding of State Programs.
This regulation will have no fiscal impact on the federal
funding of any state program or entity.
AUTHORITY
Government Code Section 83112 provides that the
Fair Political Practices Commission may adopt, amend,
and rescind rules and regulations to carry out the purposes and provisions of the Political Reform Act.
REFERENCE
The purpose of 2 Cal. Code Regs. Section 18360 is to
implement, interpret, and make specific Government
Code Section 83115. The purpose of 2 Cal. Code Regs.
Section 18361 is to implement, interpret, and make specific Government Code Sections 83115, 83115.5 and
83116.
CONTACT
Any inquiries should be made to Scott Hallabrin, Fair
Political Practices Commission, 428 J Street, Suite 800,
Sacramento, CA 95814; telephone (916) 322–5660 or
1–866–ASK–FPPC. Proposed regulatory language can
be accessed at http://www.fppc.ca.gov/index.html?id=
351.

TITLE 4. STATE ATHLETIC
COMMISSION
NOTICE IS HEREBY GIVEN that the State Athletic
Commission (hereinafter “Commission”) is proposing
to take the action described in the Informative Digest.
Any person interested may present statements or arguments orally or in writing relevant to the action proposed at a hearing to be held at the Junipero Serra State
Building located at 320 West Fourth Street, Carmel
Room, Los Angeles, California 90013, at 9:00 a.m., on
April 22, 2008. Written comments, including those sent
by mail, facsimile, or e–mail to the addresses listed under Contact Person in this Notice, must be received by

SCOPE
The Commission may adopt or reject all or part of the
language noticed herein, or it may choose new language
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CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
the Commission at its office not later than 5:00 p.m. on
April 22, 2008 or must be received by the Commission
at the hearing. The Commission, upon its own motion
or at the instance of any interested party, may thereafter
adopt the proposals substantially as described below or
may modify such proposals if such modifications are
sufficiently related to the original text. With the exception of technical or grammatical changes, the full text of
any modified proposal will be available for 15 days
prior to its adoption from the person designated in this
Notice as contact person and will be mailed to those persons who submit written or oral testimony related to this
proposal or who have requested notification of any
changes to the proposal.
Authority and Reference: Pursuant to the authority
vested by Sections 18611and 18763 of the Business and
Professions Code, and to implement, interpret or make
specific Sections 18640, 18642, 18710, 18714, 18724,
18725, 18765, 18842, and 18843 of said Code, the
Commission is considering changes to Division 2 of
Title 4 of the California Code of Regulations as follows:

3. Amend Rule 303.
Existing Section 303 prohibits the administration or
use of any drugs, alcohol or stimulants, or injections in
any part of the body, either before or during a match.
This proposal would provide specific health and safety requirements regarding drug testing and the consequences surrounding a positive drug test result by setting out the procedures for testing and the substances
being tested.
4. Adopt Rule 314.
Existing law contains certain specifications for the
ring in which professional or amateur boxing contests
are held.
It also authorizes the Commission to establish glove
weights, equipment standards, safety standards, and the
length of rounds in order to protect the health and safety
of contestants.
This proposal would permit the Commission to allow
professional boxing matches to be held in a roped enclosure that meets the specifications of Section 523 if
Commission approval is granted.
5. Amend Rule 323.
Existing Rule 323 specifies hand bandage requirements.
This proposal would conform the rule to the hand
bandage requirements established by the Association of
Boxing Commissions in its Regulatory Guidelines and
Rules modified July 27, 2005, which reflects the national standard.
6. Amend Rule 368.
Existing regulation does not permit the Commission
to change final decisions in athletic contests after the
victor has tested positive for a prohibited substance.
This proposed amendment would permit the Commission to change a decision where the victor tested
positive for a prohibited substance and would renumber
the remaining subsections accordingly. It would also
establish that a change of decision shall be referred to as
“no decision.”
7. Adopt Rule 389.
Existing law authorizes the Commission, the Executive Officer and other employees duly authorized by the
Executive Officer to temporarily suspend any license
until final determination by the Commission, when in
his or her opinion, the action is necessary to protect the
public welfare or is in the best interest of boxing or martial arts. The suspension may be without advance hearing, but the suspended licensee may apply to the Commission for a hearing on the matter to determine if the
suspension should be modified or set aside.
Existing law authorizes the Commission, the Executive Officer and other employees duly authorized by the
Executive Officer to assess fines not to exceed two

INFORMATIVE DIGEST/POLICY STATEMENT
OVERVIEW
1. Adopt Rule 227.
Existing regulation does not include any procedures
for arbitration of a contract dispute between licensees of
the Commission. This proposed regulation will establish procedures for mediating contracts by a representative of the California State Athletic Commission.
2. Amend Rule 281.
Existing law gives the Commission sole direction,
management, control of, and jurisdiction over all professional and amateur boxing, professional and amateur
kickboxing, all forms and combinations of full contact
martial arts contests, including mixed martial arts, and
matches or exhibitions conducted, held, or given within
this state.
Existing law authorizes the Commission to license
professional and amateur boxers and professional and
amateur martial arts fighters.
Existing regulation does not describe the specific indicators that the Commission uses to evaluate the physical condition of a boxer in order to determine the boxer’s eligibility for a license. This proposal would include a description of the specific physical factors used
by the Commission to evaluate the condition of the boxer as the Commission must ensure that applicants are
qualified to engage in combative sports.
This proposal would also renumber existing subsections to reflect the addition of the new language.
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are neither greatly positive nor adverse, they are potential effects nonetheless.
No fiscal impact is expected from amendments to
Section 323 to conform to the hand bandage requirements established by the Association of Boxing Commissions in their Regulatory Guidelines and Rules modified July 27, 2005.
The amendment of Section 368 is not expected to
have any fiscal impact as it strictly pertains to the
change of decision in an athletic contest.
The appeal procedure set out in Section 389 will not
have any fiscal impact. The proposal merely formalizes
the procedure for appeal in the California Code of Regulations.
The proposed change for Section 523 will not have a
significant financial impact on businesses. The Commission may experience an increase in the number of
events as licensed promoters attempt to hold “mega
events” showcasing multiple sports. However, the
Commission could experience a decrease in the number
of events as promoters hold “multiple–sport” events because it will decrease their business expenses per event.
In either case, the Commission may experience an increase or decrease of approximately $5,000 per event
from revenue generated from the event. Additionally,
licensed officials in the State of California may experience an increase or decrease in the amount of wages
earned per event. This could positively or negatively
impact approximately 75 officials statewide. While the
potential effects of this proposal are neither greatly positive nor adverse, they are potential effects nonetheless.
Nondiscretionary Costs/Savings to Local Agencies:
None
Local Mandate: None
Cost to Any Local Agency or School District for
Which Government Code Section 17561 Requires Reimbursement: None
Business Impact:
After a review of the proposed additions and changes
to the existing rules, the Commission has made an initial determination that the proposed regulatory action
would not have any significant statewide adverse economic impact directly affecting business, including the
ability of California businesses to compete with businesses in other states.

thousand five hundred dollars ($2,500) for each violation of any provisions of the chapter or any of the rules
and regulations of the Commission. The fine may be assessed without advance hearing, but the licensee may
apply to the Commission for a hearing on the matter to
determine if the fine should be modified or set aside.
This proposal would establish procedures for those
hearings.
8. Amend Rule 523.
Existing Section 523(a) references Sections 310
through 312 regarding ring requirements for kickboxing contests. This proposal would permit an alternate
ring for kickboxing events.

FISCAL IMPACT ESTIMATES
Fiscal Impact on Public Agencies Including Costs or
Savings to State Agencies or Costs/Savings in Federal
Funding to the State:
The proposal for Section 227 will not have any fiscal
impact. It simply formalizes a procedure in the California Code of Regulations.
The amendment of Section 281 will not have any fiscal impact. It simply formalizes health and safety licensing guidelines in the California Code of Regulations.
The amendment of Section 303 will not have a significant financial impact on businesses. However, the
Commission may be required to submit a revised contract proposal to the Department of General Services to
revise current drug testing methods and to acquire new
drug testing supplies. The current cost utilizing current
methods for drug testing is $99,500 over a period of
twenty months. It is not anticipated there will be a financial increase in the cost of services but it may require a
contractual change to establish services with another
drug testing provider.
The proposal for Section 314 will not have a significant financial impact on businesses. However, the
Commission may experience an increase in the number
of events as more licensed promoters attempt to hold
“mixed” events showcasing multiple sports. It should
be noted the Commission may experience a decrease in
the number of events as more licensed promoters hold
“mixed” events because it will decrease their business
expenses per event. In either case, the Commission may
experience an increase or decrease of approximately
$5,000 per event from revenue generated from the
event. Additionally, licensed officials in the State of
California may experience an increase or decrease in
the amount of wages earned per event. This could positively or negatively impact approximately 75 officials
statewide. While the potential effects of this proposal

and
The following studies/relevant data were relied upon
in making the above determination: None
Impact on Jobs/New Businesses:
The Commission has determined that these regulatory proposals would not have any significant impact on
the creation of jobs or new businesses or the elimination
of jobs or existing businesses or the expansion of busi323

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
nesses in the State of California, although it is expected
to result in a significant increase in events in California.
Cost Impact on Representative Private Person or
Business:
The Commission is not aware of any cost impacts that
a representative private person or business would necessarily incur in reasonable compliance with the proposed regulatory actions. The proposals give the licensees guidelines for arbitration, formalize health and safety guidelines, specify the details of the Commission’s
drug testing program, allow professional boxing to be
held in a five roped ring, set standards for the wrapping
of an athlete’s hands, change the outcome of an athletic
contest after an athlete tests positive for prohibited substances, set the guidelines in place for an appeal by a licensee, and allow kickboxing and mixed martial arts to
be contested in the same competition enclosure during
the same event.
Effect on Housing Costs: None

the information upon which the proposal is based, may
be obtained at the hearing or prior to the hearing upon
request from the California State Athletic Commission
at 1424 Howe Avenue, Suite 33, Sacramento, California 95825.

EFFECT ON SMALL BUSINESS

Inquiries or comments concerning the proposed rulemaking action may be addressed to:
Name:
Bill Douglas
Address:
1424 Howe Avenue, Suite 33
Sacramento, CA 95825
Telephone No.:
(916) 263–2195
Fax No.:
(916) 263–2197
E–Mail Address: william_douglas@dca.ca.gov
The backup contact person is:
Name:
Armando Garcia
Address:
1424 Howe Avenue, Suite 33
Sacramento, CA 95825
Telephone No.:
(916) 263–2195
Fax No.:
(916) 263–2197
E–Mail Address: armando_garcia@dca.ca.gov
Website Access: Materials regarding this proposal
can be found at www.dca.ca.gov/csac.

AVAILABILITY AND LOCATION OF
THE FINAL STATEMENT OF REASONS
AND RULEMAKING FILE
All the information upon which the proposed regulations are based is contained in the rulemaking file which
is available for public inspection by contacting the person named below. You may obtain a copy of the final
statement of reasons once it has been prepared, by making a written request to the contact person named below
or by accessing the website listed below.
CONTACT PERSON

The Commission has determined that some of the
proposed regulations would have a minimal impact on
small businesses that are operating as promoters of boxing, kickboxing, and mixed martial arts in the State of
California. The businesses will benefit if multiple
sports may compete in one competition enclosure. This
could potentially increase or decrease the number of
events in the State of California.
CONSIDERATION OF ALTERNATIVES
The Commission must determine that no alternative
it considered or that has otherwise been identified and
brought to its attention would be more effective in carrying out the purpose for which the actions are proposed
or would be as effective and less burdensome to affected private persons than the proposals described in
this Notice.
Any interested person may present statements or arguments orally or in writing relevant to the above determinations at the above–mentioned hearing.

TITLE 4. CALIFORNIA HORSE
RACING BOARD
CALIFORNIA CODE OF REGULATIONS
NOTICE OF PROPOSAL TO AMEND
RULE 1481. OCCUPATIONAL LICENSES AND
FEES
RULE 1783. REGISTRATION OF STABLE
NAMES
RULE 1784. REGISTRATION TO DISCLOSE ALL
PARTNERS

INITIAL STATEMENT OF REASONS
AND INFORMATION
The Commission has prepared an initial statement of
the reasons for the proposed actions and has available
all of the information upon which the proposals are
based.

The California Horse Racing Board (Board) proposes to amend the regulation described below after
considering all comments, objections or recommendations regarding the proposed action.

TEXT OF PROPOSAL
Copies of the exact language of the proposed regulations and of the initial statement of reasons, and all of
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Authority cited: Rule 1783: sections 19440 and
19460, Business and Professions Code. Reference: sections 19460 and 19520 Business and Professions Code.
Business and Professions Code sections 19440 and
19460 authorize the Board to adopt the proposed regulation, which would implement, interpret or make specific sections 19460 and 19520, Business and Professions Code.
Authority cited: Rule 1784: sections 19440 and
19460, Business and Professions Code. Reference:
19460 and 19520, Business and Professions Code.
Business and Professions Code sections 19440 and
19460 authorize the Board to adopt the proposed regulation, which would implement, interpret or make specific sections 19460 and 19520, Business and Professions Code.

PROPOSED REGULATORY ACTION
The Board proposes to amend Rule 1481, Occupational Licenses and Fees, to add the term “Stable Name
Group” to subsection 1481(e) and (f). The Board also
proposes to amend Rule 1783, Registration of Stable
Names and Rule 1784, Registration to Disclose All
Partners, to provide for the registration of stable name
groups.
PUBLIC HEARING
The Board will hold a public hearing starting at 9:30
a.m., Thursday, April 24, 2008, or as soon after that as
business before the Board will permit, at Hollywood
Park Racetrack, 1050 South Prairie Avenue, Inglewood, California. At the hearing, any person may present statements or arguments orally or in writing about
the proposed action described in the informative digest.
It is requested, but not required, that persons making
oral comments at the hearing submit a written copy of
their testimony.

INFORMATIVE DIGEST/POLICY STATEMENT
OVERVIEW
Business and Professions Code section 19440 provides that the Board shall have all powers necessary and
proper to enable it to carry out fully and effectually the
purposes of this chapter. Responsibilities of the Board
shall include licensing of each racing association and all
persons, other than the public at large, who participate
in a horse race meeting with pari–mutuel wagering.
Business and Professions Code section 19510 states every steward and racing official not required to be licensed under Article 4 (commencing with section
19480) shall be licensed by the Board pursuant to Article 5 (commencing with section 19510). Business and
Professions Code section 19520 states every person not
required to be licensed under Article 4 (commencing
with section 19480) who participates in, or has anything
to do with the racing of horses, shall be licensed by the
Board pursuant to rules and regulations that the Board
may adopt. Business and Professions Code section
19704 provides that the Board shall issue a license for
participants in mule racing. The license shall be limited
to mule races only. Business and Professions Code section 19460 states all licenses granted under this chapter
shall be in writing; are subject to all rules, regulations,
and conditions prescribed by the Board; and shall contain such conditions as are deemed necessary or desirable by the Board for the purposes of this chapter.
The Board proposes to amend Rule 1481. The rule
lists the various classes of occupational licenses issued
by the Board, and types of entities that must register
with the Board. The proposed amendment to Rule 1481
adds stable name groups to subsections 1481(e) and
1481(f). Subsection 1481(e) requires that a person or
persons electing to conduct racing operations by use of
a stable name group shall register the stable name group
and pay a fee of $300. The stable name group is a stable

WRITTEN COMMENT PERIOD
Any interested persons, or their authorized representatives, may submit written comments about the proposed regulatory action to the Board. The written comment period closes at 5:00 p.m., on April 21, 2008. The
Board must receive all comments at that time; however,
written comments may still be submitted at the public
hearing. Submit comments to:
Harold Coburn, Regulation Analyst
California Horse Racing Board
1010 Hurley Way, Suite 300
Sacramento, CA 95825
Telephone (916) 263–6397
Fax: (916) 263–6022
E–Mail: harolda@chrb.ca.gov

AUTHORITY AND REFERENCE
Authority cited: Rule 1481: sections 19440, 19510,
19520 and 19704, Business and Professions Code. Reference: sections 19510, 19520 and 19704, Business and
Professions Code.
Business and Professions Code sections 19440,
19510, 19520 and 19704 authorize the Board to adopt
the proposed regulation, which would implement, interpret or make specific sections 19510, 19520 and
19704, Business and Professions Code.
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CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
ownership interests, and the percentage of ownership of
each. The Board desires stable name groups to comply
with the disclosure requirement to ensure it is informed
regarding the true ownership of a horse, and that all
owners are licensed, if required. If the ownership interest is an entity, such as a partnership, corporation or
LLC, it must comply with the Board’s registration requirements.
Subsection 1783(b)(2) states the entity formed under
a stable group name shall name the horse(s) it owns, and
it states the horse(s) shall be owned separately from other entities within the stable name group. This will serve
to keep the entities separate within the stable name
group. This is an issue because of the large numbers of
persons who may form an entity. Mixing ownership of
horses amongst different entities under a stable name
group could lead to a lot of confusion for the racing office and Board occupational licensing staff, as they
must keep track of horse ownership and the licensing
status of such owners. This does not preclude a person
from participating in one or more entities.
Subsection 1783(b)(3) requires each entity to possess
a unique roster of owners that names each owner, the
percentage of ownership of each and if an owner is a
general or limited partner. The roster shall be filed with
the Board and the racing office. The unique roster helps
to keep the entities separate for licensing staff and the
racing office. Information regarding the percentage of
ownership of each owner and if an owner is a general or
limited partner will help Board licensing staff to determine if a person participating in an entity must be licensed as a horse owner. The Board uses the terms “general” and “limited” partner for partnerships and LLCs.
This helps Board staff determine who should be licensed. The rosters must be filed with the racing office
and Board staff, as the racing office maintains the
horse’s papers, and the Board’s occupational licensing
staff is responsible for licensing and checking the daily
program to ensure that the trainers and owners of horses
entered to race are properly licensed.
Subsection 1783(b)(4) provides that a licensed owner
may participate in the horse ownership of one or more
entities that run under a stable name group. This will allow any owner to invest in multiple entities running under stable name groups. The Board wishes to encourage
horse ownership, but many persons who desire to participate in horse racing as an owner cannot afford to
own a horse in its entirety. Stable name groups provide a
vehicle that allows persons interested in horse racing to
enjoy the benefits of horse ownership without the full
burden of its costs. Additionally, it is not uncommon for
horse owners to form partnerships with other horse
owners. The Board has no restrictions on the number of
partnerships in which an owner may participate.

name under which one or more entities may run. Each
entity running under a stable name group would own
one or more horses independent of other entities that
may run under the same stable name group. Subsection
1481(f) provides that an entity running under a stable
name group shall register with the Board as an entity
running under a stable name group and pay a fee of
$300. Registering the entity that runs under a stable
name group ensures the Board knows who is participating in the entity, and which partners in that entity must
be licensed as horse owners. It also tells the Board how
many entities are running under a stable name group.
The proposed amendment to Rule 1783 adds a new
subsection 1783(b), which provides that a stable name
group may be registered with the Board, and is subject
to subparagraph 1783(a)(1) through (a)(5). These subparagraphs provide the conditions under which a stable
name may be registered. This will ensure the Board has
oversight, and eliminates confusion for the racing office and the Board’s licensing staff due to the large numbers of persons who may be involved in stable name
groups. Subsection 1783(b) also states the stable name
group may establish multiple entities that shall run under the name of the registered stable name group. The
entities that run under a stable name group are what differentiate a stable name group from a stable name. A
stable name is an assumed name under which a person
or persons (partners) races horses. A stable name group
is an assumed name that will buy a horse and form a
partnership or limited liability company (entity) that
sells ownership shares in the horse. When the horse is
ready to run, it will run under the name of the stable
name group. The stable name group may establish one
or more such entities.
Subparagraph 1783(b)(1) states each entity that runs
under a stable name group shall register in accordance
with Rule 1481, 1506, 1507 and 1784 of this division.
Rule 1481 provides that the entity shall register with the
Board and pay a fee of $300. Rule 1506, Horse Ownership by Corporation or Limited Liability Company,
states if a horse owner is a limited liability company it
shall appoint one or more managing employee(s), who
if qualified, may be granted a license as horse owner,
and who shall assume all responsibilities of an owner.
Some large stables currently buy horses that they sell to
investors as limited liability companies. In these
instances the “employee” is the stable name owner who
manages the horse for the LLC. Rule 1507, Partnerships, states that all general partners assume equal responsibilities as owner and no limited partner shall be
licensed as a horse owner. Some large stables form partnerships around individual horses. The general partners
in such entities must be licensed. Rule 1784, Registration to Disclose All Partners, provides that a stable
name registration shall disclose the real names of all
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CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
Cost or savings to any state agency: none.
Cost to any local agency or school district that must
be reimbursed in accordance with Government Code
Section 17500 through 17630: none.
Other non–discretionary costs or savings imposed
upon local agencies: none.
Cost or savings in federal funding to the state: none.
The Board has made an initial determination that the
proposed amendment of Rule 1481, Rule 1783 and Rule
1784 will not have a significant, statewide adverse economic impact directly affecting business including the
ability of California businesses to compete with businesses in other states.
Cost impact on representative private persons or
businesses: The Board is not aware of any cost impacts
that a representative private person or business would
necessarily incur in reasonable compliance with the
proposed action.
Significant effect on housing costs: none.
The adoption of the proposed amendment of Rule
1481, Rule 1783 and Rule 1784 will not (1) create or
eliminate jobs within California; (2) create new businesses or eliminate existing businesses within California; or (3) affect the expansion of businesses currently
doing business within California.
Effect on small businesses: none. The proposal to
amend Rule 1481, Rule 1783 and Rule 1784 does not affect small businesses because horse racing is not a small
business under Government Code Section 11342.610.

Subsection 1783(b)(4)(A) provides that a partner
whose ownership interest in an entity running under a
stable name is 10 percent or less of such entity may elect
not to obtain a license a horse owner. This will allow the
stable name group to market horse ownership to persons who may not wish to be licensed. However, it also
puts a limit on the percentage of ownership interest for a
person who does not wish to be licensed. This will prevent an unlicensed person from owning a significant interest in an entity. If a partner who owns 10 percent or
less of an entity that runs under a stable name group
chooses not to be licensed, they shall be considered a
limited partner for the purposes of Rule 1783. Board
Rule 1507 states no limited partner may be granted a license as horse owner. If such partner decided they wish
to be licensed as a horse owner, they shall be considered
a general partner under Rule 1783. The Board requires
that all general partners shall be licensed.
Subsection 1783(c) provides that a partner who owns
10 percent or less of an entity that runs under a stable
name group is not subject to the provisions of Rule
1606, Coupling of Horses, when a horse owned by the
entity in which the partner participates is entered to race
in the same race in which the partner has ownership interest in another horse that is entered to race. The Board
determined that ownership of 10 percent or less of a
horse would not provide the opportunity or incentive
for an owner to influence how the horse performs in a
race. Uncoupling the horses where an owner has such a
small interest in one of the horses also promotes larger
fields with more wagering interests. Uncoupling horses
is not without precedent, as under Rule 1606, Quarter
horse races are currently exempt from coupling.
Subsection 1783(b)(5) has been modified to add
“stable name group.” A stable name group is a fictitious
name, and is subject to the laws of the State of California regarding the use of fictitious names for business
purposes.
The proposal to amend Rule 1784 adds a new subparagraph 1784(b), which provides that a registered
stable name group shall comply with subparagraph
1784(a) for each entity that runs under the stable name
group. This would require the stable name group to disclose the real name and ownership interest of all persons
or entities participating in each entity that runs under the
stable name group. The Board has an interest in knowing who owns a horse, as it is charged under Business
and Professions Code section 19401 with assuring the
protection of the public.

CONSIDERATION OF ALTERNATIVES
In accordance with Government Code Section
11346.5, subdivision (a)(13), the Board must determine
that no reasonable alternative considered, or that has
otherwise been identified and brought to the attention of
the Board, would be more effective in carrying out the
purpose for which the action is proposed, or would be as
effective and less burdensome on affected private persons than the proposed action.
The Board invites interested persons to present statements or arguments with respect to alternatives to the
proposed regulation at the scheduled hearing or during
the written comment period.
CONTACT PERSON
Inquiries concerning the substance of the proposed
action and requests for copies of the proposed texts of
the regulations, the initial statement of reasons, the modified texts of the regulations, if any, and other information upon which the rulemaking is based should be directed to:

DISCLOSURE REGARDING THE
PROPOSED ACTION
Mandate on local agencies and school districts: none.
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CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
tice, the proposed texts of the regulations and the initial
statement of reasons. The Board’s web site address is:
www.chrb.ca.gov.

Harold Coburn, Regulation Analyst
California Horse Racing Board
1010 Hurley Way, Suite 300
Sacramento, CA 95825
Telephone: (916) 263–6397
E mail: harolda@chrb.ca.gov

TITLE 10. MANAGED RISK MEDICAL
INSURANCE BOARD

If the person named above is not available, interested
parties may contact:

NOTICE OF PROPOSED RULEMAKING
R–1–07

Andrea Ogden, Regulation Analyst
Telephone: (916) 263–6033

TITLE 10. CALIFORNIA CODE OF
REGULATIONS
AMEND SECTION 2699.6611
REGARDING
HEALTHY FAMILIES PROGRAM
DELETION OF HFP TO MEDI–CAL BRIDGE

AVAILABILITY OF INITIAL STATEMENT
OF REASONS AND TEXT OF
PROPOSED REGULATION
The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its offices at the above address. As of
the date this notice is published in the Notice Register,
the rulemaking file consists of this notice, the proposed
text of the regulations, and the initial statement of reasons. Copies may be obtained by contacting Harold Coburn, or the alternative contact person at the address,
phone number or e–mail address listed above.

NATURE OF PROCEEDING
NOTICE IS HEREBY GIVEN that the Managed
Risk Medical Insurance Board (MRMIB) is proposing
to take the action described in the Informative Digest.
A public hearing regarding this proposal will be held
on April 21, 2008, at 10:00 a.m. at 1000 G Street, Suite
450, Sacramento, CA 95814.
Following the public hearing MRMIB may thereafter
adopt the proposal substantially as described below or
may modify the proposals if the modifications are sufficiently related to the original text. With the exception of
technical or grammatical changes, the full text of any
modified proposal will be available for 15 days prior to
its adoption from the person designated in this Notice as
contact person and will be mailed to those persons who
submit written comments related to this proposal, or
who provide oral testimony if a public hearing is held,
or who have requested notification of any changes to the
proposal.
Notice is also given that any interested person, or his
or her authorized representative, may submit written
comments relevant to the proposed regulation action to
the

AVAILABILITY OF MODIFIED TEXT
After holding a hearing and considering all timely
and relevant comments received, the Board may adopt
the proposed regulations substantially as described in
this notice. If modifications are made which are sufficiently related to the originally proposed texts, the modified texts, with changes clearly marked, shall be made
available to the public for at least 15 days prior to the
date on which the Board adopts the regulations. Requests for copies of any modified regulations should be
sent to the attention of Harold Coburn at the address
stated above. The Board will accept written comments
on the modified regulations for 15 days after the date on
which they are made available.
AVAILABILITY OF STATEMENT OF REASONS

Managed Risk Medical Insurance Board
Attn: JoAnne French
1000 G Street, Suite 450
Sacramento, CA 95814

Requests for copies of the final statement of reasons,
which will be made available after the Board has
adopted the proposed regulations in their current or modified form, should be sent to the attention of Harold
Coburn at the address stated above.

Comments may also be submitted by facsimile
(FAX) at (916) 327–6580 or by e–mail to
jfrench@mrmib.ca.gov. Comments must be submitted
prior to 5:00 p.m. on April 21, 2008.

BOARD WEB ACCESS

AUTHORITY AND REFERENCE

The Board will have the entire rulemaking file available for inspection throughout the rulemaking process
at its web site. The rulemaking file consists of the no-

Authority: Insurance Code section 12693.21 and
12693.755, Insurance Code and References: 12693.21,
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CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
LOCAL MANDATE

12693.45, 12693.74, 12693.77, 12693.755, 12693.98,
and 12693.981 of the Government Code, the Managed
Risk Medical Insurance Board is considering changes
to Title 10, Chapter 5.8, of the California Code of Regulations as follows: Amend section 2699.6611.

This proposal does not impose a mandate on local
agencies or school districts.

FISCAL IMPACT ESTIMATES

INFORMATIVE DIGEST/POLICY STATEMENT
OVERVIEW

This proposal does not impose a mandate on local
agencies or school districts for which reimbursement
would be required pursuant to Part 7 (commencing with
Section 17500 of Division 4 of the Government Code).
This proposal does not impose other nondiscretionary
cost or savings on local agencies. This proposal does
not result in any cost or savings in federal funding to the
state.

The MRMIB operates the Healthy Families Program
(HFP), which was established in 1997 pursuant to
Chapter 623, Statutes of 1997 (AB1126) to provide
health insurance for low–income children. The program is targeted to serve children whose family’s income, although low, is too high to qualify for the Title
XIX Medicaid Program, called Medi–Cal in California.
AB 430 (Chapter 171, Statutes of 2001) originally established the Healthy Families–to–Medi–Cal Bridge
benefits (Bridge). The Bridge was approved in 2002 by
the Centers for Medicare and Medicaid Services (CMS)
as a component of the parental waiver under Title XXI
of the Social Security Act (the Medicaid statute). The
waiver expired on January 24, 2007. CMS offered to extend the parental waiver through June 30, 2007, but
conditioned the extension on a retroactive change of the
federal/state cost from 65/35 to 50/50 to 2002 when the
Bridge was first implemented. Under Title XIX of the
Social Security Act, the state has the authority to provide presumptive eligibility (PE) to children who appear to be eligible for full–scope Medi–Cal benefits.
Under PE, full–scope Medi–Cal fee–for–service benefits are provided to children pending an eligibility determination. The federal financial participation under the
program is 50/50.
AB 203 (Chapter 188, Statues of 2007) is the state’s
response to CMS’ condition. Instead of agreeing to the
condition, the bill directs MRMIB to eliminate the
Healthy Families–to–Medi–Cal bridge benefits when
the director of the Department of Health Care Services
(DHCS) declares that PE for no–cost Medi–Cal has
been implemented. On November 30, 2007, the director
of DHCS released the directive that the HFP to Medi–
Cal Presumptive Eligibility program was implemented,
commencing September 1, 2007. Implementing AB
203 requires changes to the current HFP regulations to
reflect that subscriber children will be disenrolled at the
end of the anniversary month in which they are determined no longer eligible for HFP and Healthy Families–to–Medi–Cal bridge benefits will not be provided.
There are no comparable provisions of federal law related to this proposal.

COSTS OR SAVINGS TO STATE AGENCIES
Fiscal Effect on State Government:
AB 203 amended section 12693.981 of the Insurance
Code to discontinue the Healthy Families Program–to–
Medi–Cal bridge benefit and, instead, place children
who are no longer eligible for HFP, and appear eligible
for Medi–Cal, in a presumptive eligibility coverage
program in lieu of bridge benefits.
California has a presumptive eligibility program infrastructure currently in place for Medi–Cal which provides immediate benefits to uninsured children who appear eligible for Medi–Cal while the full eligibility determination is being processed. This presumptive eligibility is approved by the federal government at
50%–50% fund sharing.
Since the Medi–Cal program already has authority to
grant presumptive eligibility and current processes are
already in place to transfer case information to the 58
counties for final determination, the administrative
costs for this option would be minimal since administrative processes were already established.
The cost for the bridge program would have been
$4.8 million ($2.4 million GF @ the reduced 50% Medicaid federal participation rate) based on updated 2007
May Revision caseload projections for the 2007 State
Budget. The cost included in the 2007 Budget to implement this proposal is $4.4 million ($2.2 million GF @
the 50% Medicaid federal participation rate); a
$200,000 savings in annual GF cost.
Since the previous base budget for the Bridge waiver
would have been $4.8 million with a GF cost of $1.7
million (reflecting the previous 65% federal participation rate), the net increase to the base budget is
$500,000 in GF costs ($2.2 million in the 2007 Budget,
less the existing $1.7 million base budget).
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CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
tion, would be more effective in carrying out the purpose for which the adoption of this regulation is proposed, or would be as effective as and less burdensome
to affected private persons than the proposed action.

This presumptive eligibility cost is already included
in the 2007 State Budget.
Fiscal Effect On Federal Funding Of State
Programs:
Under the Title XXI State Children’s Health Insurance Program (S–CHIP), the Federal government covers 65% of all eligible program costs for the Healthy
Families Program. The regulations will result in reduced federal fund expenditures of $900,000.

CONTACT PERSONS
Inquiries concerning the proposed adoption of this
regulation and written comments may be directed to:
JoAnne French
Managed Risk Medical Insurance Board
1000 G Street, Suite 450
Sacramento, CA 95814
(916) 327–7978

BUSINESS IMPACT/SMALL BUSINESS
MRMIB has made an initial determination that the
proposed regulatory action would have no significant
statewide adverse economic impact directly affecting
business, including the ability of California businesses
to compete with businesses in other states. The proposal
does not affect small businesses as defined by section
11342.610. The determination that the proposal would
not affect small business is based upon the fact that the
proposal applies only to the procedures followed by
MRMIB should a determination of insufficient funding
be made by the Board. It has no impact at all on any entity that is not a state agency as defined in section 11000
of the California Government Code as the regulations
only establish procedures.

or
Randi Turner
Managed Risk Medical Insurance Board
1000 G Street, Suite 450
Sacramento, CA 95814
(916) 327–8243
INITIAL STATEMENT OF REASONS
The MRMIB has prepared an initial statement of reasons for the proposed action and has available all the information upon which the proposal is based.

ASSESSMENT REGARDING EFFECT
ON JOBS/BUSINESSES

TEXT OF PROPOSAL

The MRMIB has determined that this regulatory proposal will not have any impact on the creation of jobs or
new businesses or the elimination of jobs or existing
businesses or the expansion of businesses in the State of
California.

Copies of the exact language of the proposed regulations and of the initial statement of reasons, and all of
the information upon which this proposal is based, may
be obtained upon request from the Managed Risk Medical Insurance Board at 1000 G Street, Suite 450, Sacramento, CA 95814. These documents may also be
viewed and downloaded from the MRMIB website at
www.mrmib.ca.gov.

COST IMPACTS ON REPRESENTATIVE
PERSON OR BUSINESS

AVAILABILITY AND LOCATION OF
THE FINAL STATEMENT OF REASONS
AND RULEMAKING FILE

The MRMIB is not aware of any cost impacts that a
representative private person or business would necessarily incur in reasonable compliance with the proposed
action.

All the information upon which the proposed regulations are based is contained in the rulemaking file which
is available for public inspection by contacting the person named above.
You may obtain a copy of the final statement of reasons once it has been prepared, by making a written request to the contact person named above.

EFFECT ON HOUSING COSTS
None
ALTERNATIVES

WEBSITE ACCESS

The MRMIB must determine that no reasonable alternative considered by the agency, or that has been
otherwise identified and brought to the agency’s atten-

Materials regarding this proposal can be found at
www.mrmib.ca.gov.
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TITLE 10. MANAGED RISK MEDICAL
INSURANCE BOARD

AUTHORITY AND REFERENCE
Pursuant to the authority vested by Section 12693.21
and 12693.755, Insurance Code, and Reference Sections 12693.21, 12693.45, 12693.70, 12693.71,
12693.73, 12693.74, 12693.77, 12693.755, 12693.765,
12693.96, 12693.98, and 12693.981, Insurance Codes,
the Managed Risk Medical Insurance Board is considering changes to Title 10, Chapter 5.8, of the California
Code of Regulations as follows: Adoption of sections
2699.6603 and 2699.6604 and amendment of sections
2699.6603 (renumbered to 2699.6602), 2699.6605,
2699.6607, 2699.6608, 2699.6611 and 2699.6625.

NOTICE OF PROPOSED RULEMAKING
R–2–07

TITLE 10. CALIFORNIA CODE OF
REGULATIONS
ADOPT SECTIONS, 2699.6603 and 2699.6604
AND AMEND SECTIONS 2699.6603
(renumbered to 2699.6602), 2699.6605, 2699.6607,
2699.6608, 2699.6611, and 2699.6625.
REGARDING ESTABLISHING A WAITING
LIST AND DISENROLLMENT PROCEDURES
IN THE HEALTHY FAMILIES PROGRAM

INFORMATIVE DIGEST/POLICY STATEMENT
OVERVIEW
The MRMIB operates the Healthy Families Program
(HFP), which was established in 1997 pursuant to
Chapter 623, Statutes of 1997 (AB1126) to provide
health insurance for low–income children. The program is targeted to serve children whose family’s income, although low, is too high to qualify for the Title
XIX Medicaid Program, called Medi–Cal in California.
HFP currently provides health insurance for more than
845,635 low–income children. Approximately two–
thirds of the program is funded through the federal State
Children’s Health Insurance Program (SCHIP) (42
U.S.C. 1397aa et seq.) The federal reimbursement is
known as “federal financial participation.”
The authorization for SCHIP was scheduled to expire
on September 30, 2007. In late September 2007, Congress passed, and the President signed, a continuing resolution to continue SCHIP and provide the states with
the same, or “flat,” level of funding as the previous federal fiscal year (FFY).1 (House Joint Resolution 52.)
Two further continuing resolutions were passed by
Congress and signed by the President providing flat
funding (House Joint Resolution 3222, signed by the
President on November 13, 2007 and House Resolution
69 signed by the President on December 14, 2007). Finally, on December 29, 2007, Congress passed and the
President signed legislation authorization to continue
SCHIP until March 29, 2009 (Senate Bill 2499). The
legislation included sufficient funding to maintain
projected enrollment levels through March 2009. With
a new Administration and Congress in place after the
2008 election, the prospects for federal funding beyond
March 2009 are unknown.
The enabling HFP statute requires the Board to maintain enrollment and expenditures to ensure that expenditures do not exceed amounts available and, if sufficient funds are not available to cover the estimated cost
of program expenditures, the program must institute ap-

NATURE OF PROCEEDING
NOTICE IS HEREBY GIVEN that the Managed
Risk Medical Insurance Board (MRMIB) is proposing
to take the action described in the Informative Digest.
A public hearing regarding this proposal will be held
on April 21, 2008, at 1:30 p.m. at 1000 G Street, Suite
450, Sacramento, CA 95814.
Following the public hearing MRMIB may thereafter
adopt the proposal substantially as described below or
may modify the proposals if the modifications are sufficiently related to the original text. With the exception of
technical or grammatical changes, the full text of any
modified proposal will be available for 15 days prior to
its adoption from the person designated in this Notice as
contact person and will be mailed to those persons who
submit written comments related to this proposal, or
who provide oral testimony if a public hearing is held,
or who have requested notification of any changes to the
proposal.
Notice is also given that any interested person, or his
or her authorized representative, may submit written
comments relevant to the proposed regulator action to
the
Managed Risk Medical Insurance Board
Attn: JoAnne French
1000 G Street, Suite 450
Sacramento, CA 95814
Comments may also be submitted by facsimile
(FAX) at (916) 327–6580 or by e–mail to
jfrench@mrmib.ca.gov. Comments must be submitted
prior to 5:00 p.m. on April 21, 2008.

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CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
propriate measures to limit enrollment. The proposed
regulations would provide regulatory authority for the
Board to establish waiting lists and disenroll children
subscribers at their Annual Eligibility Reviews. The
present regulations do not provide for specific measures
to limit enrollment.
In Fall 2007, because of the uncertainty of federal
funding as described above, the Board found an emergency under Government Code sections 11342.545 and
submitted the proposed regulations to OAL on an emergency basis to enable the Board to meet its statutory obligations: (1) to ensure that expenditures do not exceed
amounts available and (2) if sufficient funds are not
available to cover the estimated cost of program expenditures, to institute appropriate measures to limit enrollment.2 (Ins. Code sec. 12693.21(n).) These proposed
regulations were approved by the OAL on November
30, 2007, as emergency regulations. While the short–
term uncertainly of federal funding has lessened, the
proposed regulations are still needed for the Board to
meet is statutory obligations should funds become insufficient to cover the estimated cost of program expenditures in the future.
There are no comparable provisions of federal law related to this proposal.

BUSINESS IMPACT/SMALL BUSINESS
MRMIB has made an initial determination that the
proposed regulatory action would have no significant
statewide adverse economic impact directly affecting
business, including the ability of California businesses
to compete with businesses in other states. The proposal
does not affect small businesses as defined by section
11342.610. The determination that the proposal would
not affect small business is based upon the fact that the
proposal applies only to the procedures followed by
MRMIB should a determination of insufficient funding
be made by the Board. It has no impact at all on any entity that is not a state agency as defined in section 11000
of the California Government Code as the regulations
only establish procedures.
ASSESSMENT REGARDING EFFECT
ON JOBS/BUSINESSES
The MRMIB has determined that this regulatory proposal will not have any impact on the creation of jobs or
new businesses or the elimination of jobs or existing
businesses or the expansion of businesses in the State of
California.
COST IMPACTS ON REPRESENTATIVE
PERSON OR BUSINESS

LOCAL MANDATE

The MRMIB is not aware of any cost impacts that a
representative private person or business would necessarily incur in reasonable compliance with the proposed
action.

This proposal does not impose a mandate on local
agencies or school districts.
FISCAL IMPACT ESTIMATES

EFFECT ON HOUSING COSTS

This proposal does not impose a mandate on local
agencies or school districts for which reimbursement
would be required pursuant to Part 7 (commencing with
Section 17500 of Division 4 of the Government Code).
This proposal does not impose other nondiscretionary
cost or savings on local agencies. This proposal does
not result in any cost or savings in federal funding to the
state.

None
ALTERNATIVES
The MRMIB must determine that no reasonable alternative considered by the agency, or that has been
otherwise identified and brought to the agency’s attention, would be more effective in carrying out the purpose for which the adoption of this regulation is proposed, or would be as effective as and less burdensome
to affected private persons than the proposed action.

COSTS OR SAVINGS TO STATE AGENCIES
No additional costs or savings to state agencies are
anticipated.

CONTACT PERSONS
Inquires concerning the proposed adoption of this
regulation and written comments may be directed to:
JoAnne French
Managed Risk Medical Insurance Board
1000 G Street, Suite 450
Sacramento, CA 95814
(916) 327–7978

2 The adoption of the proposed regulations would not be itself es-

tablish a waiting list or disenroll subscriber children. Further
Board actions would be required as set forth in the proposed regulations. The adoption would only provide for the process to limit
enrollment as circumstances dictate.

332

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
NOTICE OF PROPOSED RULEMAKING

or

The California Department of Parks and Recreation
(Department) proposes to adopt the proposed regulations described below after considering all comments,
objections, and recommendations regarding the proposed action.

Randi Turner
Managed Risk Medical Insurance Board
1000 G Street, Suite 450
Sacramento, CA 95814
(916) 327–8243

PUBLIC HEARING
INITIAL STATEMENT OF REASONS

The Department has scheduled a public hearing on
this proposed action starting at 9:00 a.m. on April 29,
2008, at Rusch Park Community Center, Room 1 located at 7801 Auburn Blvd. Citrus Heights, California
95610. The Community Center is wheelchair accessible. At the hearing, any person may present statements
or arguments orally or in writing relevant to the proposed action described in the Informative Digest. The
Department requests but does not require that persons
who make oral comments at the hearing also submit a
written copy of their testimony at the hearing.

The MRMIB has prepared an initial statement of reasons for the proposed action and has available all the information upon which the proposal is based.
TEXT OF PROPOSAL
Copies of the exact language of the proposed regulations and of the initial statement of reasons, and all of
the information upon which this proposal is based, may
be obtained upon request from the Managed Risk Medical Insurance Board at 1000 G Street, Suite 450,Sacramento, CA 95814. These documents may also be
viewed and downloaded from the MRMIB website at
www.mrmib.ca.gov.

WRITTEN COMMENT PERIOD
Any interested person, or his or her authorized representative, may submit written comments relevant to the
proposed regulatory action to the Department. The
written comment period closes at 5:00 p.m. on April
29, 2008. The Department will consider only comments
received at the Department offices by that time. Submit
comments to:

AVAILABILITY AND LOCATION OF
THE FINAL STATEMENT OF REASONS
AND RULEMAKING FILE
All the information upon which the proposed regulations are based is contained in the rulemaking file which
is available for public inspection by contacting the person named above.
You may obtain a copy of the final statement of reasons once it has been prepared by making a written request to the contact person named above.

Ms. Debra Gonzalez
Office of Grants and Local Services
California Department of Parks and Recreation
P.O. Box 942896
Sacramento, CA 94296–0001
Email: dgonzalez@parks.ca.gov
Fax: (916) 653–6511
Phone: (916) 654–1618

WEBSITE ACCESS
AUTHORITY AND REFERENCE

Materials regarding this proposal can be found at
www.mrmib.ca.gov.

Public Resources Code (PRC) §5099.10 authorize
the Department to adopt the proposed regulation, which
would implement, interpret, or make specific PRC
§§5099–5099.12 and 16 USC 4601–4601–11 (Public
Law 88–578 78 Stat 897).

TITLE 14. DEPARTMENT OF PARKS
AND RECREATION
TITLE 14. NATURAL RESOURCES
DIVISION 3. CALIFORNIA DEPARTMENT OF
PARKS AND RECREATION
CHAPTER 12. LAND AND WATER
CONSERVATION
[Notice published March 7, 2008]

INFORMATIVE DIGEST/POLICY STATEMENT
OVERVIEW
The LWCF was established through the Land and
Water Conservation Fund Act of 1965 (Act). The Act
provides federal funds to assist States and Federal agen333

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
cies in meeting present and future outdoor recreation
demands and needs of the citizens of the United States
for planning, acquisition, and development of needed
land and water areas and facilities and funds for the Federal acquisition and development of certain lands and
other areas. The funds are allocated to the states each
federal fiscal year by apportionment established by the
Act and authorized by the Secretary of the Interior.
Public Resources Code (PRC) §§5098–5098.3 established a State fund in which the funds received from the
federal government could be deposited. Public Resources Code (PRC) §§5099–5099.12 was enacted to
enable California to participate in the LWCF (Public
Law 88–578 78 Stat 897). It also defined eligible applicants, and how the funds were to be divided between local government and state agencies.
Regulations for the Land and Water Conservation
Fund were developed to comply with PRC §5099.10.
Over time the Department has developed Procedural
Guides to update and provide more guidance for the administration of the program. The procedural guide has
not been submitted to the Office of Administrative Law
to update and amend existing regulations.
The Department proposes to amend §4900 in Title
14, Division 3, Chapter 12 of the California Code of
Regulations (CCR), and repeal §4901, §4902, §4903
and §4904 concerning the Land and Water Conservation.
D
The proposed regulation will amend §4900
Definitions and incorporate by reference the Land
and Water Conservation Fund Program
Procedural Guide, Revised September 2007 to
implement, interpret, and make specific PRC
§5099.10. Section 4900 Definitions lists eight
terms and their meanings. The Proposed
regulation will amend §4900 to incorporate and
update the Land and Water Conservation Fund
program description, application requirements,
project administration, administrative procedures,
and post selection federal requirements, including
authority, allocation of funds, eligibility criteria,
and expand the definitions section to 38 terms and
their meanings.
D
The proposed regulation will repeal §4901
Authority because it is contained in the proposed
Amended §4900 incorporating by reference the
Land and Water Conservation Fund Program
Procedural Guide, Revised September 2007
which sites the statutory authority for the proposed
regulation.
D
The proposed regulation will repeal §4902
Allocation of Funds because it is contained in the
proposed Amended §4900 incorporating by
reference the Land and Water Conservation Fund

D

D

334

Program Procedural Guide, Revised September
2007 which updates how funds are distributed for
the Land and Water Conservation Fund program.
The proposed regulation will repeal §4903 Project
Criteria because it is contained in the proposed
Amended §4900 incorporating by reference the
Land and Water Conservation Fund Program
Procedural Guide, Revised September 2007
which updates and expands the program criteria
and description including purpose of the program
and funding, summary of the competitive grant
process, timeline, eligibility criteria of applicants,
eligible and ineligible projects, land tenure
requirements, match requirements, updates
application requirements including application
submission instructions, application requirements
checklist, resolution form and instructions, project
proposal criteria and instructions, cost estimate
form and instructions, eligible cost chart,
overview of CEQA/NEPA compliance, proposal
description and environmental screening form,
section (6)(f)(3) Boundary Map requirements,
State Historic Preservation Act MOU form and
contact information, certification of compliance
for development projects, lower tier covered
transactions,
debarment
and
suspension
instructions for certification, certification
regarding lobbying, civil rights assurance, post
selection federal requirements, and updates
project administration including sample grant
contract, contract provisions, grant payments,
grant progress status report, reimbursement
payments, payment request, sample performance
report, performance report, grant completion
packet requirements, project certification form,
grant expenditure form, force labor costs summary
form, equipment costs summary form and MOU
of unrecorded grant agreement, and updates
administrative procedures including changes to
grant scope, changes to project liquidation date,
signage, surcharge project costs, expenditure
guidelines, accounting requirements, record
retention, compliance inspections, conversions,
program income and audit requirement.
The proposed regulation will repeal §4904
Priorities Among Eligible Projects because it is
contained in the proposed Amended §4900
incorporating by reference the Land and Water
Conservation Fund Program Procedural Guide,
Revised September 2007 which details
information on how the LWCF funds are
distributed, provides a summary of the
competitive grant process including a LWCF
program process flowchart.

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
FEDERAL REGULATION AND
STATUTE CONFORMITY

Mandate on local agencies and school districts: None.
Cost or savings to any state agency: None.
Cost to any local agency or school district which must
be reimbursed in accordance with Government Code
§§17500 through 17630: None.
Other nondiscretionary cost or savings imposed on
local agencies: None.
Cost or savings in federal funding to the State: None.
Significant, statewide adverse economic impact directly affecting business including the ability of
California businesses to compete with businesses in
other states: None. Only California governmental organizations with management responsibilities over public
lands in the state of California are eligible to compete
for grants under this prograrn.
Cost impacts on a representative private person or
businesses: The Department is not aware of any cost impacts that a representative private person or business
would necessarily incur in reasonable compliance with
the proposed action.
Adoption of this regulation will not:
(1) Create or eliminate jobs within California;
(2) Create new businesses or eliminate existing businesses within California; or
(3) Effect the expansion of businesses currently doing business within California.
Significant effect on housing costs: None.
Business reporting requirement: None.
Small business determination: The Department has
determined that the proposed regulation does not affect
small business. Only California governmental organizations with management responsibilities over public
lands in the state of California are eligible to compete
for grants under this program.

The LWCF is established on the federal level by the
Land and Water Conservation Fund Act of 1965 [16
U.S.C. §4601–4 through 4601–11].
The federal statute recommended:
D
Creation of a national recreation policy
D
That all agencies administering outdoor recreation
resources adopt programs designed to make the
best possible use of available resources in light of
people’s needs
D
That each State, through a central agency, should
develop a long – range plan for outdoor recreation
D
Establishment of an independent Bureau of
Outdoor Recreation
D
Establishment of a federal funding program to
provide grants to States
The federal Land and Water Conservation Fund
Manual Release Number 151, December 9, 1991 serves
as a basic reference for States to administer the Land
and Water Conservation Grants uniformly. This manual
provides broad outlines that are the basis for the LWCF
program. The manual requires States to develop a State
Comprehensive Outdoor Recreation Plan; and the State
Comprehensive Outdoor Recreation Plan requires the
establishment of an open project selection process for
LWCF grants, Title 36, Chapter 1, Part 59 U.S. Code of
Federal Regulations outlines State responsibility for
compliance and enforcement of these provisions for
State and locally sponsored projects. In order to achieve
the expected outcomes of the LWCF program and the
open project selection process, the Department has developed the Land and Water Conservation Fund Program Procedural Guide, Revised September 2007.
The Department finds that it is authorized to adopt a
regulation that differs from federal statute. The proposed amendment to the existing regulations supports
the provisions found in State statute.

CONSIDERATION OF ALTERNATIVES
In
accordance
with
Government
Code
§11346.5(a)(13), the Department must determine that
no reasonable alternative it considered or that has otherwise been identified and brought to the attention of the
Department would be more effective in carrying out the
purpose for which the action is proposed or would be as
effective and less burdensome to affected private persons than the proposed action.
The Department invites interested persons to present
statements or arguments with respect to alternatives to
the proposed regulation during the written comment period.

INCORPORATION BY REFERENCE
The purpose of the proposed amendment to §4900 is
to incorporate by reference the Land and Water Conservation Fund Program Procedural Guide, Revised
September 2007.
DISCLOSURES REGARDING
THE PROPOSED ACTION

CONTACT PERSONS

The Department has made the following initial determinations:

Inquiries concerning the proposed administrative action may be directed to:
335

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
AVAILABILITY OF CHANGED
OR MODIFIED TEXT

Debra Gonzalez
Office of Grants and Local Services
Department of Parks and Recreation
1416 Ninth Street Room 918
P.O. Box 942896
Sacramento, CA 94296–0001
Email: dgonzalez@parks.ca.gov
Fax: (916) 653–6511
Phone: (916) 654–1618

After considering all timely and relevant comments
received, the Department may adopt the proposed regulation substantially as described in this notice. If the Department makes modifications which are sufficiently
related to the originally proposed text, it will make the
modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised. Please send requests for copies of any modified regulations to the
attention of Debra Gonzalez at the address indicated
above. The Department will accept written comments
on the modified regulations for 15 days after the date on
which they are made available.

The backup contact person for these inquiries is:
Barbara Baker
Office of Grants and Local Services
Department of Parks and Recreation
P.O. Box 942896
Sacramento, CA 94296–0001
Email: bbaker@parks.ca.gov
Fax: (916) 651–6511
Phone: (916) 651–7743

AVAILABILITY OF THE FINAL
STATEMENT OF REASONS
Upon its completion, copies of the Final Statement of
Reasons may be obtained by contacting Debra Gonzalez at the above address.

Please direct requests for copies of the proposed text
(the “express terms”) of the regulation, the initial statement of reasons, the modified text of the regulation, if
any, or other information upon which the rulemaking is
based to Debra Gonzalez at the above address.

AVAILABILITY OF DOCUMENTS
ON THE INTERNET
Copies of the Notice of Proposed Action, the Initial
Statement of Reasons, and the text of the regulation in
underline and strikeout can be accessed through our
website at www.parks.ca.gov and by following the link
to Grants.

AVAILABILITY OF STATEMENT OF REASONS
AND TEXT OF PROPOSED REGULATION
The Department will have the entire rule making file
available for inspection and copying throughout the
rule making process at its office at the above address. As
of the date the notice is published in the Notice Register,
the rulemaking file consists of (1) this notice, (2) the
proposed text of the regulation, (3) the Land and Water
Conservation Fund Program Procedural Guide, Revised September 2007, (4) the initial statement of reasons, (5) C.C.R §§4900–§4904, (6) “A quick History of
the Land and Water Conservation Fund Program” history from National Park Service, U.S. Department of the
Interior website, (7) Compliance Responsibilities and
Legal Protection (Title 36, Chapter 1, Part 59 U.S. Code
of Federal Regulations) from National Park Service,
U.S. Department of the Interior website, (8) Public Resources Code §5098, §5098.3, §5099, §5099.2,
§5099.3, §5099.35, §5099.4, §5099.5, §5099.7,
§5099.10, §5099.11, §5099.12, (9) Land and Water
Conservation Fund Technical Assistance Workshops,
(10) Land and Water Conservation Fund Draft Technical Assistance Workshops, (11) Land and Water Conservation Fund Act of 1965.

TITLE 17. DEPARTMENT OF
DEVELOPMENTAL SERVICES
NOTICE OF PROPOSED RULEMAKING
RESPITE CARE RATE INCREASE 2008
The California Department of Developmental Services (DDS) proposes to amend Title 17, California
Code of Regulations (CCR), Division 2, Chapter 3,
Subchapter 7, Article 5, Section 57310(b)(3), Method
of Reimbursement for Voucher Services, and
57332(c)(3)(A) & (c)(9)(A), Maximum Rates of Reimbursement for Non–Residential Services.
WRITTEN COMMENT PERIOD
Any interested person, or his or her authorized representative, may submit written comments relevant to the
proposed regulatory action of DDS. The written com336

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
Section 57332(c)(9)(A)(2)(a) — Maximum Rates for
Reimbursement for Non–Residential Services — Respite Facility — Service Code 869.
The Department proposes to increase the maximum
reimbursement rate for respite facilities providing respite services to $10.71 per hour, including certain allocated costs, effective January 1, 2008.

ment period closes at 5:00 p.m. on Monday, April 21,
2008. Please submit any written comments, via U.S.
Mail or fax or email, to the DDS contact persons designated below by 5:00 p.m. on Monday, April 21, 2008.
NO PUBLIC HEARING
No public hearing is scheduled for this rulemaking.
However, any interested person or his or her duly authorized representative may request a public hearing no later than 15 days prior to the close of the written comment
period.

EFFECT ON SMALL BUSINESS
DDS has determined that the proposed regulations
will not affect small businesses as costs incurred due to
this regulation change will be reimbursed by the Department.

AUTHORITY AND REFERENCE

LOCAL MANDATE AND FISCAL
IMPACT DETERMINATIONS

Authority: Section 4690, Welfare and Institutions
Code.
Reference: Sections 4648(a), and 4690, Welfare and
Institutions Code.

DDS has determined that the proposed regulatory action does not impose: 1) a mandate on local agencies or
school districts, 2) significant costs or savings to any
state agency, 3) costs to any local agency or school district that must be reimbursed in accordance with Government Code sections 17500 through 17630, 4) other
nondiscretionary costs or savings imposed on local
agencies, or 5) costs or savings in federal funding to the
state.

INFORMATIVE DIGEST/POLICY STATEMENT
OVERVIEW
Welfare and Institutions Code, Section 4690 mandates DDS to establish, maintain, and revise an equitable process for setting rates of payment for nonresidential services provided to the developmentally disabled.
Title 17 establishes the maximum reimbursement rate
for vouchered respite and in–home respite care workers.
Effective January 1, 2008, California law increased
the minimum wage to $8.00 per hour. The regulation
changes are intended to reflect the increase in the maximum rates of reimbursement appropriated for in the
Budget Act for Fiscal Year 2007–08 for respite services
provided under In–Home Respite Worker, Service
Codes 864, and 869, and Vouchered Respite Service,
Service Code 420 to $10.71 per consumer, per hour.
Section 57310(b)(3) — Method of Reimbursement
for Voucher Services
The Department proposes to increase the maximum
reimbursement rate for in–home respite workers providing respite services under the voucher to $10.71 per
consumer per hour, effective January 1, 2008.
Section 57332(c)(3)(A) — Maximum Rates for Reimbursement for Non–Residential Services — In–
Home Respite Worker — Service Code 864.
The Department proposes to increase the maximum
reimbursement rate for in–home respite workers providing respite services to $10.71 per consumer per hour,
including certain allocated costs, effective January 1,
2008.

ECONOMIC IMPACT AND
BUSINESS ASSESSMENT
Based on DDS’s findings it is anticipated that the proposed action will have no economic effect on the creation of new jobs and new businesses within the state,
nor on the expansion of businesses currently doing
business within the State of California. DDS has also
determined this proposed action will not eliminate jobs
or existing businesses.
DDS has determined that the proposed regulations
will not have: 1) a significant statewide adverse economic impact directly affecting business including the
ability of California businesses to compete with businesses in other states, or 2) a significant effect on housing cost. DDS is not aware of any cost impact that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.
ALTERNATIVES CONSIDERED
DDS must determine that no reasonable alternative it
considered or that has otherwise been identified and
brought to its attention would be more effective in carrying out the purpose for which the action is proposed or
337

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z

TITLE 24.

would be as effective and less burdensome to affected
private persons than the proposed action.
DDS invites interested persons to present statements
or arguments with respect to alternatives to the proposed regulations during the written comment period or
at the public hearing.

BUILDING STANDARDS
COMMISSION

BUILDING STANDARDS
OF THE
DEPARTMENT OF FOOD AND
AGRICULTURE (AGR)

CONTACT PERSON
General and substantive inquires concerning the proposed action may be directed to:

REGARDING AMENDMENT OF THE 2007
CALIFORNIA PLUMBING CODE (CPC), FOR
USE IN THE CALIFORNIA CODE OF
REGULATIONS (CCR), TITLE 24, PART 5

Department of Developmental Services
Community Rate Section
1600 Ninth Street, Room 310
Sacramento, CA 95814
Attention: David Temme
Phone: (916) 654–2982 Facsimile: (916) 654–1578
E–Mail Address: david.temme@dds.ca.gov

Notice is hereby given that the Department of Food
and Agriculture proposes to adopt changes to building
standards contained in the CCR, Part 5, Title 24 for dairies and places of meat inspection.

If the above person is unavailable, you may also contact Greg Saul, Branch Manager, Programs Operations
Branch at (916) 654–2982.

PUBLIC COMMENT PERIOD
A public hearing has not been scheduled; however,
written comments will be accepted from March 7, 2008
until 5:00 p.m. on April 21, 2008. Please address your
comments to:

AVAILABILITY OF RULEMAKING
DOCUMENTS

California Department of Food and Agriculture
1220 N Street, A–114
Sacramento, CA 95814
Attention: Nancy Grillo, Regulation and Legislation
Coordinator
Animal Health and Food Safety Services

DDS has prepared and has copies ready for public review, an Initial Statement of Reasons for the proposed
regulations, all the information upon which the proposed regulations are based, and the exact text of the
proposed regulations.
Copies of the Notice, Initial Statement of Reasons
and text of the proposed regulations will be made available through DDS’s website at www.dds.ca.gov.
All other public records, reports, documentation or
other material related to the proposed regulations will
be contained in the rulemaking file and will be available
for inspection and copying throughout the rulemaking
process from the contact persons at the above address.
Upon completion, the Final Statement of Reasons will
be made available by either contacting the persons
above or through DDS’s website.

Written Comments may also be faxed to (916)
263–0959 or E–Mailed to CBSC@dgs.ca.gov.
Pursuant to Government Code Section 11346.5(a)17,
any interested person or his or her duly authorized representative may request, no later than 15 days prior to
the close of the written comment period, that a public
hearing be held.
POST–HEARING MODIFICATIONS TO THE
TEXT OF THE REGULATIONS
Following the public comment period, AGR may
adopt the proposed building standards substantially as
proposed in this notice or with modifications that are
sufficiently related to the original proposed text and notice of proposed changes. If modifications are made, the
full text of the proposed modifications, clearly indicated, will be made available to the public for at least 15
days prior to the date on which the CBSC adopts,
amends, or repeals the regulation(s). AGR will accept
written comments on the modified building standards
during the 15–day period.

AVAILABILITY OF CHANGED
OR MODIFIED TEXT
After close of the comment period DDS may adopt
the proposed regulations as described in this notice. If
DDS makes modifications that are sufficiently related
to the originally proposed text, it will make the modified text, with changes clearly indicated, available for
public comment at least 15 days before DDS adopts the
regulations as revised. Requests for the modified text
should be made to the contact person named above.
338

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
NOTE: To be notified of any modifications, you
must submit written/oral comments or request that
you be notified of any modifications.

Code of the International Association of Plumbing and
Mechanical Officials. Currently, AGR does not adopt
model code standards for PEX water supply piping for
applications under its authority.
Summary of Effect
The proposed action would amend Part 5 of Title 24
(2007 California Plumbing Code) by repealing amendments contained in Sections 604.1 and 604.11 which
prescribe AGR’s non–adoption of model plumbing
code provisions regulating the use of PEX water supply
piping. AGR proposes to adopt CPC Sections 604.1,
604.11, 604.11.1, and 604.11.2 regarding the use of
PEX in potable water supply systems.
Comparable Federal Statute or Regulations
There are no comparable Federal Statutes or regulations related to the proposed action.
Policy Statement Overview
The broad objective of the proposed action is to repeal building regulations, in conformance with current
state law, and adopt model code standards for applications within the agency’s authority.

AUTHORITY AND REFERENCE
The Department of Food and Agriculture proposes to
adopt these building standards under the authority
granted by Food and Agriculture Code Sections 18735,
18960, and 33481. The purpose of these building standards is to implement, interpret, and make specific the
provisions of Food and Agriculture Code Sections
18735, 18960, 19834, 33481, and 33731.
INFORMATIVE DIGEST
Summary of Existing Laws
Food & Agriculture Code Section 18735. Adoption
of federal rules and regulations. The director may
adopt, by reference or otherwise, such provisions of the
rules and regulations under the federal acts, with such
changes therein as he deems appropriate to make them
applicable to operations and transactions subject to this
chapter.
Food & Agriculture Code Section 18960. The director may adopt, by regulation, standards and requirements relating to inspection, sanitation, facilities,
equipment, reinspection, preparation, processing, buying, selling, transporting, storing, identification, recordkeeping, registration and labeling, and marking for
carrying out the purposes of this chapter.
Food & Agriculture Code Section 19384. Processing,
transportation and storage of carcasses, etc., for pet
food; diversion into human food channels. The director
shall establish by regulation the condition under which
carcasses or parts or products of animals for pet food
may be processed, transported, and stored so as to prevent diversion into human food channels.
Food & Agriculture Code Section 33481. Regulations, plans and specifications. The director shall establish regulations and provide plans and specifications at
cost for the construction of sanitary milk barns and milk
houses which are used in the production of market milk.
(Dairies and places of meat inspection)
Food & Agriculture Code Section 33731. Approval
of plans and specifications for new milk product plants.
Summary of Existing Regulations
The existing 2007 California Plumbing Code is a part
of the California Code of Regulations, Title 24, also referred to as the California Building Standards Code and
incorporates, by adoption, by the California Building
Standards Commission, the 2006 Uniform Plumbing

OTHER MATTERS PRESCRIBED BY
STATUTE APPLICABLE TO THE AGENCY
OR TO ANY SPECIFIC REGULATION OR
CLASS OF REGULATIONS
The Department of Food and Agriculture has determined that there are no other matters prescribed by statute applicable to the agency or to any specific regulation
or class of regulations
MANDATE ON LOCAL AGENCIES
OR SCHOOL DISTRICTS
The Department of Food and Agriculture has determined that the proposed regulatory action would not
impose a mandate on local agencies or school districts.
ESTIMATE OF COST OR SAVINGS
A.
B.

Cost or Savings to any state agency: None
Cost to any local agency required to be reimbursed
under Part 7 (commencing with Section 17500) of
Division 4: None
C. Cost to any school district required to be
reimbursed under Part 7 (commencing with
Section 17500) of Division 4: None
D. Other nondiscretionary cost or savings imposed
on local agencies: None
E. Cost or savings in federal funding to the state:
None
Estimate: None

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CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
INITIAL DETERMINATION OF NO
SIGNIFICANT STATEWIDE ADVERSE
ECONOMIC IMPACT ON BUSINESSES

These regulations will not affect the expansion of
businesses currently doing business within the
State of California

The Department of Food and Agriculture has made
an initial determination that the amendment of these
regulations will not have a significant statewide adverse
economic impact on businesses, including the ability of
California businesses to compete with business in other
states.

The Department of Food and Agriculture has made
an initial determination that this proposal would not
have a significant effect on housing costs.

DECLARATION OF EVIDENCE

CONSIDERATION OF ALTERNATIVES

No facts, evidence, testimony or other evidence has
been relied upon to support the initial determination of
no effect.

The Department of Food and Agriculture must determine that no reasonable alternative considered by the
state agency or that has otherwise been identified and
brought to the attention of the agency would be more effective in carrying out the purpose for which the action
is proposed or would be as effective and less burdensome to affected private persons than the proposed action.

INITIAL DETERMINATION OF SIGNIFICANT
EFFECT ON HOUSING COSTS

FINDING OF NECESSITY FOR THE PUBLIC’S
HEALTH, SAFETY, OR WELFARE
The Department of Food and Agriculture has made
an assessment of the proposed code changes and has determined that these changes do not require a report.

AVAILABILITY OF RULEMAKING
DOCUMENTS

COST IMPACT ON REPRESENTATIVE PRIVATE
PERSON OR BUSINESS

All of the information upon which the proposed regulations are based is contained in the rulemaking file,
which is available for public review, by contacting the
person named below.
Interested parties may obtain a copy of the final statement of reasons once it has been prepared, by making a
written request to the contact person named below.

The Department of Food and Agriculture is not aware
of any cost impacts that a representative private person
or business would necessarily incur in reasonable compliance with the proposed action.

CBSC CONTACT PERSON FOR PROCEDURAL
AND ADMINISTRATIVE QUESTIONS

ASSESSMENT OF EFFECT OF REGULATIONS
UPON JOBS AND BUSINESS EXPANSION,
ELIMINATION OR CREATION

General questions regarding procedural and administrative issues should be addressed to:

The Department of Agriculture has assessed whether
or not and to what extent this proposal will affect the following:
j The creation or elimination of jobs within the
State of California.
These regulations will not affect the creation of or
elimination of jobs within the State of California.
j The creation of new businesses or the
elimination of existing businesses within the
State of California.
These regulations will not affect the creation of or
the elimination of existing business within the
State of California.
j The expansion of businesses currently doing
business with the State of California.

Jane Taylor, Senior Architect
2525 Natomas Park Drive, Suite 130
Sacramento, CA 95833
jane.taylor@dgs.ca.gov
Telephone No: (916) 263–0916
Facsimile No: (916) 263–0959
PROPOSING STATE AGENCY CONTACT
PERSON FOR SUBSTANTIVE AND/OR
TECHNICAL QUESTIONS ON THE PROPOSED
CHANGES TO BUILDING STANDARDS
Specific questions regarding the substantive and/or
technical aspects of the proposed changes to the building standards should be addressed to:
340

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
MI–LOR Corporation
P.O. Box 60
Leominster, MA 01453
Peoples Ridesharing
323 Fremont Street
San Francisco, CA 94105
San Diego Physicians & Surgeons Hospital
446 26th Street
San Diego, CA
Southern CA Chemicals
8851 Dice Road
Santa Fe Springs, CA 90670
Tanemura and Antle Co.
1400 Schilling Place
Salinas, CA 93912
Turtle Building Maintenance Co.
8132 Darien Circle
Sacramento, CA 95828
Univ Research Foundation
8422 La Jolla Shore Dr.
La Jolla, CA 92037
Vandergoot Equipment Co.
P.O. Box 925
Middletown, CA 95461

Nancy Grillo, Regulation and Legislation
Coordinator
Animal Health and Food Safety Services
California Department of Food and Agriculture
(916) 651–7280
ngrillo@cdfa.ca.gov
FAX (916) 653–4249

GENERAL PUBLIC INTEREST
TITLE 2. DEPARTMENT OF FAIR
EMPLOYMENT AND HOUSING
NOTICE IS HEREBY GIVEN that the prospective
contractors listed below have been required to submit a
Nondiscrimination Program (NDP) or a California Employer Identification Report (CEIR) to the Department
of Fair Employment and Housing, in accordance with
the provisions of Government Code Section 12990. No
such program or (CEIR) has been submitted and the
prospective contractors are ineligible to enter into State
contracts. The prospective contractor’s signature on
Standard Form 17A, 17B, or 19, therefore, does not
constitute a valid self–certification. Until further notice, each of these prospective contractors in order to
submit a responsive bid must present evidence that its
Nondiscrimination Program has been certified by the
Department.
ASIX Communications, Inc.
DBA ASI Telesystems, Inc.
21150 Califa Street
Woodland Hills, CA 91367

RULEMAKING PETITION
DECISIONS
DEPARTMENT OF CORRECTIONS AND
REHABILITATION
NOTICE OF DECISION ON PETITION TO
AMEND REGULATIONS

Bay Recycling
800 77th Avenue
Oakland, CA 94621
C & C Disposal Service
P.O. Box 234
Rocklin, CA 95677

California Code of Regulations
Title 15, Crime Prevention and Corrections
Division 3, Adult Institutions, Programs and
Parole

Choi Engineering Corp.
286 Greenhouse
Marketplace, Suite 329
San Leandro, CA 94579

PETITIONER
Tuvalu Tutuila, D–19029.

Fries Landscaping
25421 Clough
Escalon, CA 95320

AUTHORITY
The authority granted by Government Code (GC)
Section 12838.5 vests to the California Department of
Corrections and Rehabilitation (CDCR) all the powers,
functions, duties, responsibilities, obligations, liabili-

Marinda Moving, Inc.
8010 Betty Lou Drive
Sacramento, CA 95828
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CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
their customers due to federal and state mandates, governor’s executive order, and legislation that have all
been imposed concurrently.
The Federal Clean Water Act places requirements on
water usage and cleanliness, and mandates that states
enforce those requirements. California’s enforcement
agency is the California Water Control Board, which
has jurisdiction over the state’s Regional Control
Boards. On July 27, 2004, Governor Schwarzenegger
issued Executive Order S–20–04, setting goals for energy conservation for all energy users within specific time
frames which include such things as waste water treatment. Assembly Bill (AB) 900, known as the Public
Safety and Offender Rehabilitation Services Act of
2007, was signed by Governor Schwarzenegger on
May 3, 2007. The goal of AB 900 is improved and expanded rehabilitation and community reentry programs
designed specifically to reduce crime and enhance public safety. This effort provides for the first and largest
prison capital outlay program in California in decades
by providing $7.7 billion in funding and bond resources
to add 53,000 in prison and jail beds. Many of the new
facilities will be located adjacent to existing prisons.
Expanding existing or building new water treatment
facilities can take from 5 to 10 years, which is considered a long term solution to increased sewage discharge
from increased water usage by CDCR institutions. Regional Control Boards, however, have moved to require
reduced water discharge by all of its larger customers
immediately. For example, the California Regional Water Control Board, Lahontan Region, found that both
the California Correctional Center at Susanville and
High Desert State Prison were consistently exceeding
their monthly average design sewage treatment capacity. The Lahontan Water District advised the prisons
they were in violation on numerous occasions, and finally on July 13, 2005 issued a cease and desist order
that specifically ordered the prisons to impose conservation measures to include installation of low flow
showerheads, toilets and urinals, hot water solenoids,
and flush limiters with limits on the number of flushes
per hour. The Lahontan Water District does not have jurisdiction over any other CDCR institutions, except
these two.
As another example, the California Regional Water
Quality Control Board, Central Valley Region, issued
cease and desist order no. R5–2006–0130 on December
8, 2006, mandating Mule Creek State Prison (MCSP)
cease and desist from discharging waste water in excess
of waste water design capacity. Hefty fines were imposed on MCSP, resulting in the prison implementing
immediate conservation measures to include flush limiters. Similarly, Ironwood State Prison, located in yet
another Regional Control Board jurisdiction, was noticed by that Regional Control Board that it was exceed-

ties, and jurisdiction of the abolished Youth and Adult
Correctional Agency, California Department of
Corrections, Department of the Youth Authority, Commission on Correctional Peace Officer Standards and
Training, Board of Corrections, and the State Commission on Juvenile Justice, Crime and Delinquency Prevention. Penal Code (PC) Section 5050 provides that
commencing July 1, 2005, any reference to the Director
of Corrections refers to the Secretary of the CDCR. PC
Section 5054 vests with the Secretary of the CDCR the
supervision, management, and control of the state prisons, and the responsibility for the care, custody, treatment, training, discipline, and employment of persons
confined therein. PC Section 5055 provides that commencing July 1, 2005, all powers/duties previously
granted to and imposed upon the CDC shall be exercised by the Secretary of the CDCR. PC Section 5058
provides that the Director may prescribe and amend
regulations for the administration of prisons.
CONTACT PERSON
Please direct any inquiries regarding this action to
Timothy M. Lockwood, Chief, Regulation and Policy
Management Branch, Department of Corrections and
Rehabilitation, P.O. Box 942883, Sacramento, CA
94283–0001.
AVAILABILITY OF PETITION
The petition to amend regulations is available upon
request directed to the Department’s contact person.
SUMMARY OF PETITION
Petitioner contends that the CDCR is implementing a
statewide toilet flushing policy requiring each of its
institutions to install control flushing toilets in inmate
cells without complying with the Administrative Procedure Act (APA), which constitutes the enforcement of
an underground regulation.
DEPARTMENT DECISION
The Secretary of the CDCR declines the petition in its
entirety.
The CDCR acknowledges that control flushing devices are being installed on inmate toilets in many of its
institutions. However, the CDCR has not issued a statewide mandate requiring the installation of these devices. Rather, the various CDCR institutions that are
installing these devices are doing so at the directive of
their respective Regional Water Quality Control
Boards. Further, the Control Boards in California have
become much more assertive in requiring a reduction in
both water consumption and sewage discharge for all of
342

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
Petitioner:

ing its sewage design capacity and ordered to immediately implement conservation measures.
As stated previously, the CDCR acknowledges that
control flushing devices are being installed on inmate
toilets in many of its institutions. However, the CDCR
has not issued a statewide rule requiring the installation
of these devices. The circumstances that are driving
various state prisons to impose more restrictive conservation measures apply to all water users in a region,
not just the local state prison. The CDCR maintains that
it is not within its authority to promulgate a statewide
regulation arising from a mandate issued by a Regional
Control Board. Local mandates do not have a statewide
application, even though other Regional Control
Boards may be issuing similar orders to their local water
users. The CDCR believes it does not have clear authority to adopt water and waste water regulations for its
institutions. Like other building and facility standards,
these authorities lie with other state agencies.

Raul Aldrete, J–25863
D2–243 L
Calipatria State Prison
P.O. Box 5002
Calipatria, CA 92233–5002
Agency contact:
Timothy Lockwood, Chief of Regulations & Policy
Management Branch
Department of Corrections and Rehabilitation
P.O. BOX 942883
Sacramento, CA 94283–0001
The attachments are not being printed for practical
reasons or space considerations. However, if you would
like to view the attachments please contact Margaret
Molina at (916) 324–6044 or mmolina@oal.ca.gov.
PETITION TO THE OFFICE OF
ADMINISTRATIVE LAW
RE:
Alleged Underground Regulation
FROM: Raul Aldrete (Petitioner)
DATE: 12–12–07
Use of this form is entirely optional. It requests the information required by Title 1, California Code of Regulations, section 260, for a petition challenging an alleged underground regulation. Although you are not required to use this specific form, the mandatory information required by 1 CCR 260, including the supporting
documentation, must be included somehow in your
petition. If you create a separate petition, or if you use
this form and need to add extra pages, be sure that each
page is labeled clearly.
1. Identifying Information:
Your name:
Raul Aldrete, Prisoner ID# J–25863
Your address: Calipatria State Prison, D2–243 L
P.O. Box 5002
Calipatria, CA 92233–5002
Your telephone number (if you have one): N/A
Your email (if you have one): N/A
2. State agency or department being challenged:
California Department of Corrections and
Rehabilitation (CDCR)
3. Provide a complete description of the purported
underground regulation. Attach a written copy of it. If
the purported underground regulation is found in an
agency manual, identify the specific provision of the
manual alleged to comprise the underground regulation. Please be as precise as possible. As pertaining to
inmates, “[N]o in–level transfers unless there is a medical/mental health necessity (of the inmate) or transfers
required to maintain the safety and security of the insti-

ACCEPTANCE OF PETITION
TO REVIEW ALLEGED
UNDERGROUND REGULATIONS
OFFICE OF ADMINISTRATIVE LAW

ACCEPTANCE OF PETITION TO REVIEW
ALLEGED UNDERGROUND REGULATIONS

(Pursuant to title 1, section 270, of the
California Code of Regulations)

DEPARTMENT OF CORRECTIONS AND
REHABILITATION
Agency being challenged:
The Office of Administrative Law has accepted the
following petition for consideration. Please send your
comments to:
Rick Smith, Staff Counsel
Office of Administrative Law
300 Capitol Mall, Ste. 1250
Sacramento, CA 95814
A copy of your comment must also be sent to the petitioner and the agency contact person.
343

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
tution.” (NOTE: The above quotation is taken directly
from petitioner’s own CDCR Director’s Level Appeal
Decision, under III. A, and the September 1, 2005 memorandum addressed to all CDCR wardens signed by the
Deputy Director.
SEE
ATTACHED
CONTINUATION
PAGE—“LABELED CLEARLY”
4. Provide a description of the agency actions you believe demonstrate that it has issued, used, enforced, or
attempted to enforce the purported underground regulation. CDCR has denied, and continues to deny petitioner’s/prisoner’s legitimate, legally–grounded request to
be housed in an “institution of the appropriate security
level and gender population nearest the prisoner’s
home.” Penal Code (PC) 5068.
On 10/24/06 petitioner/prisoner appeared before the
Classification Committee at Calipatria State Prison
(CAL). This committee refused to even submit petitioner’s/prisoner’s case to a classification staff representative.
SEE
ATTACHED
CONTINUATION
PAGE—“LABELED CLEARLY”

October 25, 2007 OAL letter signed by Director Susan
Lapsley is attached hereto.
PAGE 1; PART 4; DESCRIPTION OF AGENCY
ACTIONS WHICH DEMONSTRATE IT HAS
ISSUED, USED, ENFORCED, OR ATTEMPTED
TO ENFORCE PURPORTED UNDERGROUND
REGULATION
<<<. . . (CSR) for transfer consideration purusant to
Title 15, California Code of Regulations (CCR), sections (§§)3375(f)(3)(C)1–2; 3379(a)(1); i.e., improve
the inmate’s conditions of confinement by removing a
previously imposed restriction; approve an action requested by the inmate; and submit the case to the CSR
for CSR’s approval or denial.
On 11/29/06 petitioner/prisoner submitted an Inmate/Parolee Appeal Form appealing the Classification
Committee’s action.
On 4/17/07 petitioner/prisoner requested a Director’s
Level Review of the appeal.
On JUL 26 2007, the Director’s Level Review (DLR)
denied Petitioner’s appeal, citing language found in the
September 1, 2005 memorandum addressed to all
California’s prison wardens and stated further that, “the
[DLR] determined that the institution [Calipatria State
Prison; RA] was in compliance with California Penal
Code Section (PC) 5068 as the appellant’s transfer
would be unreasonable at this time based upon current
population pressures and the aforementioned memorandum.”
Petitioner’s Name: Raul Aldrete
Date: Sept. 29, 2007
5. State the legal basis for believing that the guideline,
criterion, bulletin, provision in a manual, instruction,
order, standard of general application, or other rule or
procedure is a regulation as defined in Section
11342.600 of the Government Code AND that no express statutory exemption to the requirements of the
APA is applicable. Petitioner, here, will be making direct quotations from a recent OAL Determination, and
will supplant the particulars in the instant case in brakets ([]) so as to make the distinction. Quoting from the
CALIFORNIA REGULATORY NOTICE REGISTER
2007, VOLUME NO. 9–Z; OAL REGULATORY DETERMINATIONS; DEPARTMENT OF CORRECTIONS AND REHABILITATION; DETERMINATION OF ALLEGED UNDERGROUND REGULATIONS; 2007 OAL DETERMINATION NO.3 (OAL
FILE # CTU 06–0628–01); SEE PAGE 418: ANALYSIS
SEE ATTACHED CONTINUATION PAGE
— “LABELED CLEARLY”
6. Provide information demonstrating that the petition raises an issue of considerable public importance

PETITION TO THE OFFICE OF
ADMINISTRATIVE LAW
CONTINUATION PAGE TO:
PAGE 1; PART 3: DESCRIPTION OF PURPORTED
UNDERGROUND REGULATION
The five–page September 1, 2005 memorandum is
attached hereto. The specific language complained of
begins on line three of page three: “This directive (Bulletin 91/15) is hereby rescinded; with the exception that
there continues to be no in–level tranfers unless there is
a medical/mental health necessity (of the inmate) or
transfers required to maintain the safety and security of
the institution.”
Also attached is the certification of CDCR stating
that AB 91–15 was rescinded. This certification is
not entirely true as the exception noted in the September 1, 2005 and the July 26, 2007 documents is
currently being enforced.
(DIRECTOR’S LEVEL APPEAL DECISION),
written by upper CDCR staff, states, “As directed in the
September 1, 2005 Memorandum entitled Institution
Bed Management states, (sic) that there continues to be
no in–level transfers unless there is a medical/mental
health necessity (of the inmate) or transfers required to
maintain the safety and security of the institution.”
Dated July 26, 2007
Petitioner requests that the OAL reconsider its decision dated October 25, 2007 because the “exception”
was clearly not rescinded and the certification that is the
basis of the OAL decision is factually incorrect. The
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CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
contain ‘regulations’ within the meaning of section
11342.600, and (2) whether the challenged rules fall
within any recognized exemption from APA requirements.
“A regulation is defined in section 11342.600:
. . .every rule, regulation, order, or standard
of general application or the amendment,
supplement, or revision of any rule,
regulation, order, or standard adopted by any
state agency to implement, interpret, or make
specific the law enforced or administered by
it, or to govern its procedure.
“In Tidewater Marine Western Inc. v. Victoria
Bradshaw, 14 Cal.4th 557, 571 (1996), the
California Supreme Court found that
A regulation subject to the Administrative
Procedure Act (APA) (Gov. Code, § 11340 et
seq.). has two principal identifying
characteristics. First, the agency must intend
its rule to apply generally, rather than in a
specific case. The rule need not, however,
apply universally; a rule applies generally so
long as it declares how a certain class of cases
will be decided. Second, the rule must
implement, interpret, or make specific the
law enforced or administered by the agency,
or govern the agency’s procedure (Gov.
Code, §11342, subd. (g)).
“The first element of a regulation is whether the rule
applies generally. The [memo(s)] in question here applies to all prisoners in California institutions and therefore it applies to a clearly identified class of persons.
CDCR, [in the following documents and citations
thereof,] indicated that the [memo(s) were disseminated and intended for use] throughout California institutions[: the classification document, CDC 128–G,
dated 10/24/06— “no inter–level transfers. . . .” Ultimately this classification committee action was
upheld at the Director’s level of review based on the
“exception” to the rescinding of AB 91–15 noted in
the memorandum distributed system–wide on September 1, 2005. Clearly, the rescission of AB 91–15
did not encompass that portion of AB 91–15 dealing
with “in–level transfers.” The fact that the prohibition against in–level transfers is still being enforced
is evidenced by the Director’s Level Appeal Decision
dated JUL 26 2007—“As directed in the September 1,
2005 Memorandum entitled Institution Bed Management states, (sic) that there continues to be no in–level
transfers. . . .The institution has complied with
the. . .directive and has informed the appellant that
will (sic) not be referred. . .for transfer consideration. . . . the Director’s Level of Review (DLR) determined that the institution was in compliance with

requiring prompt resolution. PC 5068, which is cited in
petitioner’s/prisoner’s Inmate/Parolee Appeal Form,
states in pertinent part: “the maintenance of [any strong
community and family ties] may aid in the person’s rehabilitation.” In relation to PC 5068 Section 1 of
Stats.1989, c.1061, provides; “(a) The Legislature finds
and declares that the maintenance of family ties and the
development of familial relationships is crucial to rehabilitation efforts. It is the intent of the Legislature to facilitate the maintenance and development of family
relationships by incarcerating inmates in the institution
closest to the. . .>>>
SEE ATTACHED CONTINUATION PAGE
— “LABELED CLEARLY”
7. (Optional) Please attach any additional relevant information that will assist OAL in evaluating your petition.
SEE ATTACHED
8. Certifications:
I certify that I have submitted a copy of this petition
and all attachments to:
Name: K. W. Prunty, Undersecretary,
Operations
Agency: California Department of Corrections and
Rehabilitation
Address: P.O. Box 942883
Sacramento, CA 94283–0001
Telephone number: (916) 322–1843
I certify that all of the above information is true and
correct to the best of my knowledge.
/s/
Raul Aldrete
Signature of Petitioner
12–12–07
Date
PETITION TO THE OFFICE OF
ADMINISTRATIVE LAW
CONTINUATION PAGE TO:
PAGE 2; PART 5: PROCEDURE IS
REGULATION DEFINED IN §11342.600 AND
NO EXEMPTION TO THE REQUIREMENTS
OF APA IS APPLICABLE
CALIFORNIA REGULATORY NOTICE
REGISTER 2007, VOLUME NO. 9–Z, p. 418:
“ANALYSIS
“A determination of whether the challenged rules are
‘regulations’ subject to the Administrative Procedure
Act (APA) depends on (1) whether the challenged rules
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CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
emption (§11342) relating to operational form. Stoneham v. Rushen (App. 1 Dist. 1982) 188 Cal.Rptr. 130,
137 Cal.App.3d 729. Prisons (key) 13(5).’ The annotation and case encompasses every aspect of the memo(s)
in question. Petitioner] therefore concludes that APA
rulemaking requirements generally apply to the
CDCR.”

California Penal Code Section (PC) 5068. . .based
upon. . .the aforementioned memorandum”]. The first
element is, therefore, met.
“The second element is that the rule must implement,
interpret or make specific the law enforced or administered by the agency, or govern the agency’s procedure.
Penal Code section 5058 gives CDCR broad authority
to prescribe and amend rules and regulations for the administration of California institutions. It is well within
CDCR’s statutory mandate to determine [where and
why an inmate can be housed in any one of California’s
institutions. Penal Code section 5068 narrows the scope
of section 5058 to ‘examination and study of prisoners;
classification; determination of prison; psychiatric or
psychological reports; (and) written evaluations.’ PC
5068 specifically states: ‘Upon the basis of the examination and study, the Director of Corrections shall
classify prisoners; and when reasonable, the director
shall assign a prisoner to the institution of the appropriate security level and gender population nearest the
prisoner’s home, unless other classification factors
make such a placement unreasonable.’ And Penal Code
section 6400 narrows the scope of sections 5058 and
5068 even further to ‘amendments to Department of
Corrections regulations pertaining to visitation of inmates.’ PC 6400 specifically states: ‘Any amendments
to existing regulations and any future regulations
adopted by the Department of Corrections which may
impact the visitation of inmates shall do all of the following: (a) Recognize and consider the value of visiting
as a means to improve the safety of prisons for both staff
and inmates. (b) Recognize and consider the important
role of inmate visitation in establishing and maintaining
a meaningful connection with family and community.
(c) Recognize and consider the important role of inmate
visitation in preparing an inmate for successful release
and rehabilitation.’] This clearly implements or makes
specific Penal Code[s] section[s] 5058, [5068, 6400,
and] the law enforced or administered by CDCR. The
second element in the Tidewater case is met.
“The final issue to examine in determining whether
CDCR has created an underground regulation by issuing the [memo(s)] is determining if there is an exemption from the APA. [In PC 5068, the annotation states:
‘Director of Corrections was required to follow notice
and hearing procedures of Administrative Procedure
Act (Gov. C. §11370 et seq.) prior to implementing new
standardized classification system for purposes of determining proper level of custody and place of confinement of inmates as well as for planning and budgeting
considerations, since embodying as it did a rule of general application significantly affecting male prison population in custody of department, the comprehensive
classification system was not exempt as as a rule of internal management nor did it fall within statutory ex-

PAGE 2; PART 6: INFORMATION
DEMONSTRATING PETITION RAISES
ISSUE OF CONSIDERABLE PUBLIC
IMPORTANCE
<<<. . .inmate’s home, whenever practical and
when requested by the inmate.” West’s Ann. Cal. Penal
Code § 5068
The family and friends of an incarcerated person are
severely impacted by virtue of the loss. The incarcerated inmate is one, but the family and friends of the one,
left in the community, are many, and are the public itself. They need their incarcerated family member or
friend as close as possible in order to facilitate the necessary visits, for them.
It is the public that needs to have rehabilitated persons
being released from prison. And the California Legislature, as quoted above, has determined that these visits
are “crucial to rehabilitation efforts.”

OAL REGULATORY
DETERMINATIONS
OFFICE OF ADMINISTRATIVE LAW
DETERMINATION OF ALLEGED
UNDERGROUND REGULATIONS
(Pursuant to Government Code Section 11340.5
and Title 1, section 270, of the
California Code of Regulations)

DEPARTMENT OF CORRECTIONS AND
REHABILITATION
STATE OF CALIFORNIA
OFFICE OF ADMINISTRATIVE LAW
2008 OAL DETERMINATION NO. 1
(OAL FILE # CTU 07–0924–01)
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CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
REQUESTED
BY:
CONCERNING:

contained in Memorandum DD81–02 (Memorandum),
issued by W.A. Duncan, Deputy Director, Institutions
Division, addressed to “Wardens, Classification and
Parole Representatives, Classification Staff Representatives and Correctional Counselor III’s/Reception
Centers.” The subject of the Memorandum is “Indeterminate Security Housing Unit Status for Disruptive Inmates.”

ROBERT K. WALTERS
DEPARTMENT OF
CORRECTIONS AND
REHABILITATION —
INDETERMINATE
SECURITY HOUSING UNIT
STATUS FOR DISRUPTIVE
INMATES.

DETERMINATION

DETERMINATION ISSUED
PURSUANT TO
GOVERNMENT CODE
SECTION 11340.5.

OAL determines that the Memorandum meets the
definition of a “regulation” as defined in section
11342.600 and that it should have been adopted pursuant to the APA.

SCOPE OF REVIEW

FACTUAL BACKGROUND

A determination by the Office of Administrative Law
(OAL) evaluates whether or not an action or enactment
by a state agency complies with California administrative law governing how state agencies adopt regulations. Nothing in this analysis evaluates the advisability
or the wisdom of the underlying action or enactment.
Our review is limited to the sole issue of whether the
challenged rule meets the definition of a “regulation” as
defined in Government Code section 11342.600 and is
subject to the Administrative Procedure Act (APA). If a
rule meets the definition of a “regulation,” but was not
adopted pursuant to the APA and should have been, it is
an “underground regulation” as defined in California
Code of Regulations, title 1, section 250. OAL has neither the legal authority nor the technical expertise to
evaluate the underlying policy issues involved in the
subject of this determination.

The Memorandum was issued on August 26, 2002. It
is attached to this determination as Attachment #1. It
states, in part:
Effective immediately, during the pre–Minimum
Eligible Release Date review, classification staff
shall consider Indeterminate SHU status for
inmates who have demonstrated the desire to be
disruptive and endanger the safety of others or the
security of the institution. The following are
examples of inmates who may qualify for
consideration of Indeterminate SHU status:
1. Inmates currently serving a Determinate SHU
term whose in–custody behavior reflects a
propensity towards disruptive conduct, regardless
of whether the inmate is not eligible for additional
Determinate SHU term assessment.
2. Specifically, inmates who have been assessed
three Determinate SHU terms for any offense or
assessed two Determinate SHU terms for
participation in a riot, melee, or disturbance. This
requirement shall be subject to all SHU terms
assessed on the same prison identification number
different to the inmate’s term status; e.g.,
“PVRTC”, “PVWNT”, etc.
Mr. Walters states that disciplinary action has been
taken against him based upon enforcement of this
Memorandum. Due to the Memorandum, the Determinate SHU sentence he had received was altered to an Indeterminate SHU term.

ISSUE
On September 24, 2007, Mr. Walters submitted a
petition to OAL challenging rules issued in a memorandum by the California Department of Corrections and
Rehabilitation (Department). The rules contained in
this memorandum are alleged underground regulations1 issued in violation of Government Code section
11340.5.2 The alleged underground regulations are
1 An underground regulation is defined in title 1, California Code

of Regulations, section 250:
“Underground regulation” means any guideline, criterion,
bulletin, manual, instruction, order, standard of general application, or other rule, including a rule governing a state
agency procedure, that is a regulation as defined in Section
11342.600 of the Government Code, but has not been
adopted as a regulation and filed with the Secretary of State
pursuant to the APA and is not subject to an express statutory
exemption from adoption pursuant to the APA.
2 Unless otherwise specified code references are to the California
Government Code.

UNDERGROUND REGULATIONS
Section 11340.5, subdivision (a), prohibits state
agencies from issuing rules unless the rules comply
with the APA. It states as follows:
(a) No state agency shall issue, utilize, enforce, or
attempt to enforce any guideline, criterion,
347

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
bulletin, manual, instruction, order, standard of
general application, or other rule, which is a
regulation as defined in [Government Code]
Section 11342.600, unless the guideline, criterion,
bulletin, manual, instruction, order, standard of
general application, or other rule has been adopted
as a regulation and filed with the Secretary of State
pursuant to [the APA].
When an agency issues, utilizes, enforces, or attempts
to enforce a rule in violation of section 11340.5 it
creates an underground regulation as defined in title 1,
California Code of Regulations, section 250.
OAL may issue a determination as to whether or not
an agency issues, utilizes, enforces, or attempts to enforce a rule that meets the definition of a “regulation” as
defined in section 11342.600 and should have been
adopted pursuant to the APA. An OAL determination
that an agency has issued, utilized, enforced, or attempted to enforce an underground regulation is not enforceable against the agency through any formal administrative means, but it is entitled to “due deference” in
any subsequent litigation of the issue pursuant to Grier
v. Kizer (1990) 219 Cal.App.3d 422, 268 Cal.Rptr. 244.
To determine whether an agency issues, utilizes, enforces, or attempts to enforce an underground regulation in violation of section 11340.5, it must be demonstrated that the agency rule is a regulation not adopted
pursuant to the APA and not exempt from the APA.

generally so long as it declares how a certain class
of cases will be decided. Second, the rule must
implement, interpret, or make specific the law
enforced or administered by the agency, or govern
the agency’s procedure (Gov. Code, § 11342,
subd. (g)).
The first element of a regulation is whether the rule
applies generally. The Memorandum requires that all
inmates in the SHU with determinate sentences that are
considered disruptive and a danger to others or the institution be considered for Indeterminate SHU status. The
Memorandum also lists the criteria to be used to classify
an inmate as requiring consideration of Indeterminate
SHU status. As Tidewater pointed out, a rule need not
apply to all persons in the state of California. It is sufficient if the rule applies to a clearly defined class of persons or situations. The Memorandum applies to such a
clearly defined class of persons — inmates housed in
the SHU. The first element is, therefore, met.
The second element is that the rule must implement,
interpret or make specific the law enforced or administered by the agency, or govern the agency’s procedure.
On July 1, 2005, the Department of Corrections, under
which this Memorandum was issued, was reorganized
into the Department of Corrections and Rehabilitation.3
Penal Code section 5054 provides that:
Commencing July 1, 2005, the supervision,
management and control of the state prisons, and
the responsibility for the care, custody, treatment,
training, discipline and employment of persons
confined therein are vested in the Secretary of the
Department of Corrections and Rehabilitation.
Penal Code section 5058, subdivision (a), states:
The director may prescribe and amend rules and
regulations for the administration of the prisons
and for the administration of the parole of persons
sentenced under Section 1170 except those
persons who meet the criteria set forth in Section
2962. The rules and regulations shall be
promulgated and filed pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code,
except as otherwise provided in this section and
Sections 5058.1 to 5058.3, inclusive. All rules and
regulations shall, to the extent practical, be stated

ANALYSIS
A determination of whether the challenged rule is a
“regulation” subject to the APA depends on (1) whether
the challenged rule contains a “regulation” within the
meaning of section 11342.600, and (2) whether the
challenged rule falls within any recognized exemption
from APA requirements.
A regulation is defined in section 11342.600 as:
. . . every rule, regulation, order, or standard of
general application or the amendment,
supplement, or revision of any rule, regulation,
order, or standard adopted by any state agency to
implement, interpret, or make specific the law
enforced or administered by it, or to govern its
procedure.
In Tidewater Marine Western, Inc. v. Victoria Bradshaw (1996) 14 Cal.4th 557, 571, the California Supreme Court found that:
A regulation subject to the Administrative
Procedure Act (APA) (Gov. Code, § 11340 et seq.)
has two principal identifying characteristics. First,
the agency must intend its rule to apply generally,
rather than in a specific case. The rule need not,
however, apply universally; a rule applies

3

Penal Code section 5055:
Commencing July 1, 2005, all powers and duties previously
granted to and imposed upon the Department of Corrections shall
be exercised by the Secretary of the Department of Corrections
and Rehabilitation, except where those powers and duties are expressly vested by law in the Board of Parole Hearings.
Whenever a power is granted to the secretary or a duty is imposed upon the secretary, the power may be exercised or the duty
performed by a subordinate officer to the secretary or by a person
authorized pursuant to law by the secretary.

348

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
months of operation, or in a prison or other
correctional facility, or subunit thereof, planned
for closing during its last six months of operation,
provided that the criteria are made available to the
public and that an estimate of fiscal impact is
completed pursuant to Sections 6650 to 6670,
inclusive, of the State Administrative Manual.
(3) Rules issued by the director that are excluded
from disclosure to the public pursuant to
subdivision (f) of Section 6254 of the Government
Code.
The first of these exemptions in Penal Code section
5058(c)(1) is called the “local rule” exemption. It applies only when a rule is established for a single correctional institution. In the case of this Memorandum, the
requirements apply to all institutions in California. The
Memorandum, therefore, cannot be classified as a “local rule.”
The second exemption applies to situations where an
institution is opening or is closing within six months.
Again, that is not applicable here.
The final exemption is for rules that are excluded
from disclosure to the public. The Memorandum has
been widely distributed. There is no evidence that it is
excluded from disclosure to the public.
We can find no other APA exemptions that would apply to this Memorandum. The Department has not identified any express exemption from the APA that would
include this Memorandum.

in language that is easily understood by the general
public.
The Departmental policy requiring certain inmates to
be considered for Indeterminate SHU status and the criteria for classifying these inmates expressed in the
Memorandum directly affects “the care, custody, treatment, training, discipline and employment of persons”
in correctional institutions. The policy has a direct impact on inmates by resulting in an Indeterminate SHU
status. The Memorandum, then, implements, interprets,
or makes specific Penal Code sections 5054 and 5058.
Furthermore, the Memorandum implements, interprets
and makes specific title 15 California Code of Regulations, sections 3339 and 3341.5(c).4 The second element in Tidewater is therefore met.
The final issue to examine in determining whether the
Department has created an underground regulation by
issuing the Memorandum is determining if the Memorandum falls within an exemption from the APA. Exemptions from the APA can be general exemptions that
apply to all state rulemaking agencies.5 Exemptions
may also be specific to a particular rulemaking agency
or a specific program. Pursuant to section 11346, the
procedures established in the APA “shall not be superseded or modified by any subsequent legislation except
to the extent that the legislation shall do so expressly.”
Penal Code section 5058 establishes exemptions expressly for the Department:
(c) The following are deemed not to be
“regulations” as defined in Section 11342.600 of
the Government Code:
(1) Rules issued by the director applying solely to a
particular prison or other correctional facility,
provided that the following conditions are met:
(A) All rules that apply to prisons or other
correctional facilities throughout the state are
adopted by the director pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
(B) All rules except those that are excluded from
disclosure to the public pursuant to subdivision (f)
of Section 6254 of the Government Code are made
available to all inmates confined in the particular
prison or other correctional facility to which the
rules apply and to all members of the general
public.
(2) Short–term criteria for the placement of
inmates in a new prison or other correctional
facility, or subunit thereof, during its first six

AGENCY RESPONSE
The Department did not submit a response to this
petition.
CONCLUSION
The Memorandum meets the definition of a “regulation” as defined in section 11342.600 and does not fall
within any express APA exemption, and therefore, it
should have been adopted pursuant to the APA.
Date: February 20, 2008
/s/
Peggy J. Gibson
Staff Counsel
/s/
Susan Lapsley
Director
Office of Administrative Law
300 Capitol Mall, Suite 1250
Sacramento, CA 95814
(916) 323–6225

4 The subject matter of these sections is confinement and release
from the SHU.
5 See Government Code section 11340.9.

349

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
If you have questions or require additional information, please contact Marilyn Kalvelage, Chief, Institution Operations, Institutions Division, at or for technical information, contact Linda Rianda, Chief, Classification Services Unit, at
/s/
W.A. Duncan
Deputy Director
Institutions Division
cc: Edward S. Alameida, Jr.
David Tristan
Michael T. Pickett
E. Roe
Ana Ramirez–Palmer
K.W. Prunty
Judy Buckman
Wendy Still
Jan Sale
Merrie M. Koshell
Jim L’Etoile
E.A. Mitchell
Roderick Q. Hickman
Gregory W. Harding
Marilyn Kalvelage
M. Shepherd
Yvette M. Page
Ernest C. Van Sant
Karl Kerkseick
Linda Rianda
R. Manuel
Gloria Rea
Carlos Sanchez
Paul Bestolarides
Ombudsmen’s Office (7)

Memorandum
Date

August 26, 2002

To

Wardens
Classification and Parole Representatives
Classification Staff Representatives
Correctional Counselor IIIs/Reception
Centers

Subject: INDETERMINATE SECURITY
HOUSING UNIT STATUS FOR
DISRUPTIVE INMATES
The purpose of this memorandum is to provide institution staff with direction relevant to the review and
program consideration of inmates who complete a Determinate Security Housing Unit (SHU) term and continue to pose a threat to the safety of others or security of
the institution. This perceived threat may be based on
the inmate’s behavior while in SHU housing or due to
the inmate’s disciplinary history while housed in the
California Department of Corrections. Due to escalating violence occurring within the institutions, administrative staff are encouraged to review for appropriate
housing those inmates who have a history of participating in disruptive behavior or fomenting violence and
unrest.
This direction is appropriate and within the parameters of the California Code of Regulations, Title 15,
Section 3341.5(c), which states, “An inmate whose
conduct endangers the safety of others or the security of
the institution shall be housed in a SHU.”
Effective immediately, during the pre–Minimum Eligible Release Date review, classification staff shall consider Indeterminate SHU status for inmates who have
demonstrated the desire to be disruptive and endanger
the safety of others or the security of the institution. The
following are examples of inmates who may qualify for
consideration of Indeterminate SHU status:
1. Inmates currently serving a Determinate SHU
term whose in–custody behavior reflects a
propensity towards disruptive conduct, regardless
of whether the inmate is not eligible for additional
Determinate SHU term assessment.
2. Specifically, inmates who have been assessed
three Determinate SHU terms for any offense or
assessed two Determinate SHU terms for
participation in a riot, melee, or disturbance. This
requirement shall be subject to all SHU terms
assessed on the same prison identification number
indifferent to the inmate’s term status; e.g.,
“PVRTC”, “PVWNT”, etc.
This directive does not negate institution staff’s responsibility to properly identify and process inmates
suspected of prison gang membership or association.

SUMMARY OF REGULATORY
ACTIONS
REGULATIONS FILED WITH
SECRETARY OF STATE
This Summary of Regulatory Actions lists regulations filed with the Secretary of State on the dates indicated. Copies of the regulations may be obtained by
contacting the agency or from the Secretary of State,
Archives, 1020 O Street, Sacramento, CA 95814, (916)
653–7715. Please have the agency name and the date
filed (see below) when making a request.
File# 2008–0122–01
BOARD OF EDUCATION
Educational Interpreters
The federal Individuals with Disabilities Education
Improvement Act (IDEA 2004) requires that interpret350

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
File# 2008–0204–02
DEPARTMENT OF CORRECTIONS AND
REHABILITATION
Earned Discharge From Parole
This regulatory action is a readoption of an operational necessity emergency to implement a new decision–
making process with accompanying assessment forms,
which are incorporated by reference. The purpose of
this process is to effectively identify non–violent, non–
serious offenders who are at low risk for a re–offense
and who, following completion of 180 days of continuous uninterrupted parole, may be eligible for an earned
discharge from parole.

ers for pupils who are deaf or hard of hearing meet state
approved or recognized certification, licensing, registration or other comparable requirements as defined in
the Code of Federal Regulations, section
300.156(b)(1). These amendments change the requirements for qualifications of personnel to provide educational interpreter services in public and private schools
and agencies. This is the resubmittal of the file
07–1015–04 SR which was disapproved on December
5, 2007.
Title 5
California Code of Regulations
AMEND: 3051.16, 3065
Filed 02/22/2008
Effective 03/22/2008
Agency Contact: Connie Diaz

Title 15
California Code of Regulations
ADOPT: 3075.4 AMEND: 3000
Filed 02/25/2008
Effective 02/25/2008
Agency Contact: Randy Marshall

(916) 319–0860

File# 2008–0110–01
CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD
Closure and Postclosure Maintenance Cost Estimates
This regulatory action amends existing closure and
postclosure maintenance regulations to clarify that cost
estimates are to reflect the State’s costs should the responsible party fail to perform closure or postclosure
maintenance at a solid waste landfill. This regulatory
action also amends requirements for use of insurance
and the financial means test and includes cleanup language in the financial assurances regulations.

File# 2008–0219–02
DEPARTMENT OF FOOD AND AGRICULTURE
Light Brown Apple Moth Interior Quarantine
This emergency amendment will expand the existing
regulated area in Marin County to include an area of
Muir Beach as an additional quarantine area with respect to the light brown apple moth (LBAM; Epiphyas
postvittana).
Title 3
California Code of Regulations
AMEND: 3434(b)
Filed 02/22/2008
Effective 02/22/2008
Agency Contact: Stephen Brown

Title 27
California Code of Regulations
ADOPT: 21815 AMEND: 21780, 21790, 21800,
21820, 21825, 21830, 21840, 21865, 22234, 22240,
22243, 22244, 22246, 22247, 22248, 22249,
22249.5, 22251, 22252, 22253, Division 2 — Appendix 3
Filed 02/25/2008
Effective 02/25/2008
Agency Contact: Robert Holmes (916) 341–6376

(916) 654–1017

File# 2008–0123–02
DEPARTMENT OF INSURANCE
Sales to Military Personnel
This action adopts provisions which protect members
of the armed forces from dishonest and predatory life
insurance sales practices. The provisions adopted are
patterned on the National Association of Insurance
Commissioners’ (NAIC) Military Sales Practices Model Regulation.

File# 2008–0131–01
CALIFORNIA STATE UNIVERSITY
Procedures — Additional Proposals
California State University is amending a regulation
regarding the Standards for Student Conduct.
Title 5
California Code of Regulations
AMEND: 41301
Filed 02/25/2008
Effective 02/25/2008
Agency Contact:
Cassandra M. Andrews

(916) 341–7328

Title 10
California Code of Regulations
ADOPT: 2695.20, 2695.21, 2695.22, 2695.23,
2695.24, 2695.25, 2695.26, 2695.27, 2695.28
Filed 02/22/2008
Effective 02/22/2008
Agency Contact: George Teekell (415) 538–4390

(562) 951–4500
351

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
five working days notice prior to an agency submitting
emergency regulations for readoption and outlines the
contents of an adequate agency request for approval of a
readoption. It clarifies that OAL shall not consider comments sent directly to OAL in connection with Section
100 filings, but that OAL shall consider comments received directly by it in connection with emergency regulations for five calendar days following posting on
OAL’s website, except in cases of emergencies for
which delay would not be in the public interest. It also
reminds the regulated public that it must simultaneously send emergency regulation comments to OAL and
the adopting agency.

File# 2008–0114–04
DEPARTMENT OF PESTICIDE REGULATION
Mill Assessment Criteria
This is a file submitted as a change without regulatory
effect for processing under section 100 proposed by the
Department of Pesticide Regulation seeking to amend
Title 3, section 6393(b)(8) to be consistent with the
changes made by Assembly Bill 126 (Ch. 279, Stat of
2007) which amended Business and Professions Code
section 8698.5 relating to funds collected through the
structural fumigation enforcement program. B&P section 8698.5 was changed by AB 126 to provide that the
fees collected for the structural fumigation enforcement
program shall be paid to the counties for that sole purpose and shall not be used to “supplant any other funds
provided to the county agricultural commissioner pursuant to Section 12844 of the Food and Agricultural
Code.” Food and Ag section 12844 authorizes the Department to develop regulations allocating funds from
pesticide mill assessment. Currently, those mill assessment regulations, in particular 6393(b)(8), require that
a county receiving structural fumigation enforcement
funds must subtract the structural fumigation fund
amount from any mill assessment allocation they are
seeking. Thus 6393(b)(8) currently requires that structural fumigation funds supplant the mill assessment
funds.
The proposed revision to 6393 is to make the regulation consistent with the statutory change.
Title 3
California Code of Regulations
AMEND: 6393
Filed 02/21/2008
Agency Contact:
Linda Irokawa–Otani

Title 1
California Code of Regulations
ADOPT: 48, 50, 52 AMEND: 55
Filed 02/25/2008
Effective 03/26/2008
Agency Contact: George C. Shaw

(916) 323–4217

File# 2008–0108–02
OFFICE OF EMERGENCY SERVICES
T 19, Div. 2, Ch. 4, Article 4, Section 2729.2 and Appendices A I, II, III & B I, II, III
This change without regulatory effect conforms three
Office of Emergency Services hazardous materials reporting forms and instructions in title 19 with counter–
part forms in title 27, which were changed in December
of 2007 by the California Environmental Protection
Agency. The forms are used in administration of the
Unified Hazardous Waste and Hazardous Materials
Management Regulatory Program (hereafter “Unified
Program”). Forms and instructions must be the same in
the Unified Program so that regulated entities use the
same forms and follow the same instructions no matter
which code they consult or which agency website they
use to download forms and instructions from. This action also amends one title 19 regulation which makes
reference to the now superseded forms.

(916) 445–3991

File# 2008–0130–04
OFFICE OF ADMINISTRATIVE LAW
Procedures for Adopting Emergency Regulations
This rulemaking action implements, interprets and
makes more specific the amendments made to the Administrative Procedure Act by Assembly Bill 1302
(Horton) regarding procedures for adopting and reviewing emergency regulations. The action informs
agencies (and provides model notice language) of their
five working day notice responsibilities prior to submitting proposed emergency regulations to the Office of
Administrative Law (OAL), except in cases of emergency situations posing such immediate serious harm
that delay is not in the public interest. It itemizes the
content of an appropriate emergency submission to
OAL and specifies the factual standards and statements
necessary for an agency to avoid the five working day
notice requirement. It emphasizes the requirement for

Title 19
California Code of Regulations
AMEND: Division 2, Chapter 4, Article 4, Section
2729.2 and Appendices A I, II, III and Appendices B
I, II, III
Filed 02/20/2008
Agency Contact: Brian A. Abeel
(916) 845–8510
File# 2008–0206–04
STATE PERSONNEL BOARD
DMV—Special Examination and Appointment
The State Personnel Board is amending section
549.80, title 2, California Code of Regulations, entitled
“Department of Motor Vehicles: Managerial and Supervisory Selection and Examination”. The amend352

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
ment is exempt from review by the Office of Administrative Law pursuant to Government Code Sections
18211 and 18213.
Title 2
California Code of Regulations
AMEND: 549.80
Filed 02/25/2008
Effective 01/22/2008
Agency Contact:
Dorothy Bacskai Egel

01/03/08

12/26/07
12/19/07
12/18/07

(916) 653–1403
12/17/07
12/17/07
12/13/07
12/13/07
12/13/07
12/06/07

File# 2008–0206–03
VICTIM COMPENSATION AND GOVERNMENT
CLAIMS BOARD
Reimbursement rates for mileage travel expenses
The Victim Compensation and Government Claims
Board is amending section 714, title 2, California Code
of Regulations, entitled “Transportation by Automobile”. The amendment is exempt from review by the Office of Administrative Law pursuant to Government
Code Section 11340.9(g), which exempt regulations
that establish or fix rates, prices or tariffs.
Title 2
California Code of Regulations
AMEND: 714
Filed 02/25/2008
Effective 01/01/2008
Agency Contact: Kevin D. Kwong (916) 491–3742

CCR CHANGES FILED
WITH THE SECRETARY OF STATE
WITHIN SEPTEMBER 26, 2007 TO
FEBRUARY 27, 2008
All regulatory actions filed by OAL during this period are listed below by California Code of Regulations
titles, then by date filed with the Secretary of State, with
the Manual of Policies and Procedures changes adopted
by the Department of Social Services listed last. For further information on a particular file, contact the person
listed in the Summary of Regulatory Actions section of
the Notice Register published on the first Friday more
than nine days after the date filed.
Title 1
02/25/08 ADOPT: 48, 50, 52 AMEND: 55
01/29/08 AMEND: 1, 6, 90, and Appendix A (Std.
Form 400)
Title 2
02/25/08 AMEND: 549.80
02/25/08 AMEND: 714
01/07/08 AMEND: 1859.2, 1859.43, 1859.50,
1859.51, 1859.81, 1859.106
01/07/08 AMEND: 18531.61
353

ADOPT: 547.69, 547.70, 547.71
AMEND: 547.69 renumbered as 547.72,
547.70 renumbered as 547.74, 547.71
renumbered as 547.73
AMEND: div. 8, ch. 54, sec. 54300
ADOPT: 18413
ADOPT:
1859.324.1,
1859.330
AMEND:
1859.302,
1859.318,
1859.320,
1859.321,
1859.322,
1859.323, 1859.323.1, 1859.323.2,
1859.324, 1859.326, 1859.328, 1859.329
AMEND: 58700
AMEND: 18351
ADOPT: 18531.2
AMEND: 18530.4
AMEND: 18421.2
AMEND: 649, 649.1 (Renumbered to
649.15), 649.1.1 (Renumbered to
649.16), 649.2 (Renumbered to 649.12),
649.3 (Renumbered to 649.24), 649.7
(Renumbered to 649.35), 649.8
(Renumbered to 649.36), 649.9
(Renumbered to 649.7), 649.10
(Renumbered to 649.22), 649.11
(Renumbered to 649.8), 649.12
(Renumbered to 649.9), 649.13
(Renumbered to 649.23), 649.14
(Renumbered to 649.27), 649.15
(Renumbered to 649.11), 649.16
(Renumbered to 649.30), 649.17
(Renumbered to 649.31), 649.18
(Renumbered to 649.26), 649.20, 649.21,
649.22 (Renumbered to 649.10), 649.71
(Renumbered to 649.25), 649.72
(Renumbered
to
649.4),
650.1
(Renumbered
to
649.6),
651.1
(Renumbered
to
649.1),
651.2
(Renumbered to 649.14), 651.3
(Renumbered to 649.13), 651.4
(Renumbered to 649.34), 651.5
(Renumbered
to
649.5),
652.1
(Renumbered to 649.39), 652.2
(Renumbered to 649.40), 653.1
(Renumbered to 649.42), 653.2
(Renumbered
to
649.2),
653.3
(Renumbered to 649.41), 653.4
(Renumbered to 649.37), 653.5
(Renumbered to 649.38), 653.6
(Renumbered to 649.61), 654.1
(Renumbered
to
649.3),
654.2

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z

10/31/07
10/30/07
10/17/07
10/15/07
10/09/07
10/03/07
10/01/07
Title 3
02/22/08
02/21/08
02/11/08
02/08/08
02/04/08
01/29/08
01/28/08
01/28/08
01/25/08

01/24/08
01/22/08
01/22/08
01/22/08

01/22/08
01/18/08
01/18/08
01/11/08
01/10/08
01/07/08
12/26/07
12/26/07
12/21/07
12/20/07
12/19/07
12/19/07
12/10/07
12/06/07
12/03/07
11/29/07
11/29/07
11/27/07
11/27/07
11/21/07
11/16/07
11/15/07
11/14/07
11/14/07
11/09/07
11/06/07
11/01/07
10/29/07
10/29/07
10/25/07
10/15/07
10/03/07
09/28/07
Title 4
01/22/08
01/10/08
12/26/07

(Renumbered to 649.43), 654.3
(Renumbered to 649.46), 654.4
(Renumbered to 649.44), 654.5
(Renumbered to 649.45), 654.6
(Renumbered to 649.47), 655.1
(Renumbered to 649.51), 656.1
(Renumbered to 649.52), 656.2
(Renumbered to 649.54), 656.3
(Renumbered to 649.55), 656.4
(Renumbered to 649.53), 656.5
(Renumbered to 649.56), 656.6
(Renumbered to 649.50), 656.7
(Renumbered to 649.58), 656.8
(Renumbered to 649.57), 657.1
(Renumbered to 649.59), 657.2
(Renumbered to 649.60), 657.3
(Renumbered to 649.62)
ADOPT: 18200
AMEND: 1138.10, 1138.30, 1138.72,
1138.90
ADOPT: 2970
ADOPT: 2291, 2292, 2293, 2294, 2295,
2296
AMEND: 1896.98, 1896.99.100,
1896.99.120
ADOPT:
1859.167.2,
1859.167.3
AMEND: 1859.2, 1859.163.3, 1859.167
REPEAL: 1859.167.1
ADOPT: 1859.71.6, 1859.77.4 AMEND:
1859.2
AMEND: 3434(b)
AMEND: 6393
AMEND: 3434(b)
AMEND: 3591.20
AMEND: 3434(b)
AMEND: 3700(c)
AMEND: 3433(b)
AMEND: 4500
ADOPT: 6445, 6445.5, 6448, 6448.1,
6449, 6449.1, 6450, 6450.1, 6450.2,
6451, 6451.1, 6452, 6452.1, 6452.2,
6452.3(a),
6452.3(b),
6452.3(c),
6452.3(d), 6452.3(e), 6452.3(f), 6452.4,
6536(a), 6536(b)(1–3), 6536(b)(4)
AMEND: 6000, 6400, 6450, 6450.1,
6450.2, 6450.3, 6452, 6453, 6502, 6624,
6626, 6784
AMEND: 1391, 1391.1
AMEND: 3591.6
AMEND: 3591.6
AMEND: 3591.2(a)

11/21/07
11/09/07
10/25/07
10/24/07
Title 5
02/25/08
02/22/08
12/20/07

11/19/07
354

AMEND: 3591.5(a)
AMEND: 3423(b)
ADOPT: 3152
AMEND: 3406(b)
AMEND: 3433(b)
AMEND: 1180.3.1
AMEND: 3433(b)
AMEND: 3963
AMEND: 3434(b)
ADOPT: 606
AMEND: 3700(c)
AMEND: 3433(b)
AMEND: 3406(b)
AMEND: 3589
AMEND: 3434(b)
AMEND: 3434(b)
AMEND: 3591.2
AMEND: 3406(b)
AMEND: 3433(b)
AMEND: 3433(b)
AMEND: 3417(b)
AMEND: 3434
AMEND: 3589
AMEND: 3591.20
AMEND: 3434(b)
AMEND: 3406(b)
AMEND: 1380.19, 1437.12
AMEND: 3433(b)
AMEND: 3406(b)
AMEND: 3591.20 (a & b)
AMEND: 3406(b)
AMEND: 3433(b)
AMEND: 3434(b)
AMEND: 8070, 8072, 8073
AMEND: 1632
AMEND: 12002, 12122,
12203.2, 12222
ADOPT: 12347
AMEND: 1371
ADOPT: 1747, 1748
AMEND: 1486

12202,

AMEND: 41301
AMEND: 3051.16, 3065
ADOPT: 1202 AMEND: 1200, 1204,
1204.5, 1205, 1207, 1207.1, 1207.2,
1207.5, 1209, 1210, 1211, 1211.5, 1215,
1215.5, 1216, 1217, 1218, 1219, 1225
ADOPT: 11981.3, 11984.5, 11984.6,
11985, 11985.5, 11985.6 AMEND:

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
11981 (renumber to 11980), 11982
(renumber to 11981), 11985 (renumber
11981.5), 11980 (renumber to 11982),
11986 (renumber to 11982.5), 11983,
11983.5, 11984
11/05/07 ADOPT: 18134
10/29/07 ADOPT: 24010, 24011, 24012, 24013
10/24/07 ADOPT: 11996, 11996.1, 11996.2,
11996.3, 11996.4, 11996.5, 11996.6,
11996.7, 11996.8, 11996.9, 11996.10,
11996.11
10/02/07 AMEND: 80001
10/01/07 AMEND: 43726
Title 8
12/31/07 AMEND: 3650
12/28/07 AMEND: 1604.24
12/11/07 ADOPT: 9767.16, 9813.1, 9813.2
AMEND: 9767.1, 9810, 9811, 9812,
9813
12/10/07 ADOPT: 13800
12/04/07 AMEND: 3214, Figure E–1 of 3231,
Plate B–17
11/29/07 ADOPT: 33485 AMEND: 32135, 32166,
32500, 32630, 32700, 32781, 32784,
32786, 33480, 61020, 61450, 61470,
61480, 81020, 81450, 81470, 81480,
91020, 91450, 91470, 91480
11/26/07 ADOPT: 392.4 AMEND: 347, 350.1,
355, 359, 359.1, 371.2, 374, 385, 392.5
11/05/07 AMEND: 4324
10/31/07 AMEND: 1704
10/30/07 AMEND: 1532.2, 5203, 5206, 8359
10/23/07 ADOPT: 3324
10/10/07 ADOPT: 5349, 5350, 5351, 5352, 5353,
5354, 5355.1 AMEND: 5355, 5356,
5357, 5358
10/10/07 AMEND: 4884
10/09/07 AMEND: 2320.2
10/03/07 ADOPT: 3458.1
Title 9
02/13/08 ADOPT: 3100, 3200.010, 3200.020,
3200.030,
3200.040,
3200.050,
3200.060,
3200.070,
3200.080,
3200.090,
3200.100,
3200.110,
3200.120,
3200.130,
3200.140,
3200.150,
3200.160,
3200.170,
3200.180,
3200.190,
3200.210,
3200.220,
3200.225,
3200.230,
3200.240,
3200.250,
3200.260,
3200.270,
3200.280,
3200.300,
3200.310, 3300, 3310, 3315, 3320, 3350,
3360, 3400, 3410, 3500, 3505, 3510,

12/10/07
12/06/07
Title 10
02/22/08
02/14/08
02/11/08
01/14/08
01/08/08
12/27/07
12/19/07
11/30/07
11/30/07

11/15/07
11/07/07
11/02/07
10/31/07
10/10/07
10/10/07
10/09/07
Title 11
01/16/08
12/19/07
12/11/07
12/10/07
10/15/07
09/28/07
Title 13
02/08/08
02/01/08

355

3520, 3530, 3530.10, 3530.20, 3530.30,
3530.40, 3540, 3610, 3615, 3620,
3620.05, 3620.10, 3630, 3640, 3650
REPEAL: 3100, 3200.000, 3200.010,
3200.020,
3200.030,
3200.040,
3200.050,
3200.060,
3200.070,
3200.080,
3200.090,
3200.100,
3200.110,
3200.120,
3200.130,
3200.140, 3200.150, 3200.160, 3310,
3400, 3405, 3410, 3415
AMEND: 13035
AMEND: 9100
ADOPT: 2695.20, 2695.21, 2695.22,
2695.23, 2695.24, 2695.25, 2695.26,
2695.27, 2695.28
ADOPT: 2790.8, 2790.9
AMEND: 5101
ADOPT: 2844 AMEND: 2840, 2842
ADOPT: 2240.5 AMEND: 2240, 2240.1,
2240.2, 2240.3, 2240.4
ADOPT: 1436, 1950.314.8
AMEND: 2698.82(b), 2698.84, 2698.87,
2698.89.1
AMEND: 2699.6611
ADOPT:
2699.6603,
2699.6604
AMEND: 2699.6603 (renumbered to
2699.6602), 2699.6605, 2699.6607,
2699.6608, 2699.6611, 2699.6625
AMEND: 2498.6
AMEND: 1409, 1422, 1423
AMEND: 2498.6
AMEND: 2318.6, 2353.1
AMEND: 2498.6
AMEND: 2218.63(b)
AMEND: 5.2001
REPEAL: 1305
ADOPT: 2021
AMEND: 300
AMEND: 1005, 1007, 1008
AMEND: 1053, 1054, 1055, 1058, 1070
AMEND: 51.19
AMEND: 621, 691, 693, 699
ADOPT: 1300, 1400, 1401, 1402, 1403,
1404, 1405 REPEAL: 1300, 1301, 1302,
1303, 1304, 1304.1, 1305, 1310, 1311,
1312, 1313, 1314, 1315, 1320, 1321,
1322, 1323, 1324, 1325, 1330, 1331,
1332, 1333, 1334, 1335, 1336, 1337,
1338, 1339, 1339.1, 1339.2, 1339.3,
1339.4, 1339.5, 1339.6, 1340, 1341,

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z

12/10/07
12/05/07

11/09/07
11/08/07
10/23/07
10/22/07
10/17/07
10/16/07
10/15/07
10/12/07
Title 14
02/19/08
02/13/08
02/11/08
01/29/08
01/28/08
01/17/08
01/10/08
01/08/08
01/04/08
12/28/07
12/27/07
12/26/07
12/26/07
12/17/07
12/17/07
12/14/07
11/29/07

1342, 1343, 1344, 1350, 1351, 1352,
1353, 1354, 1355, 1356, 1360, 1361,
1362, 1363, 1364, 1365, 1366, 1370,
1371, 1372, 1373, 1374, 1375, 1400,
1401, 1402, 1403, 1404, 1405, 1406,
1410, 1411, 1412, 1413, 1414, 1415,
1416, 1417, 1418, 1420, 1421, 1422,
1423, 1424, 1425 andArticle 15 text.
AMEND: 553.70
ADOPT: 2166, 2166.1, 2167, 2168,
2169, 2170, 2171, 2172, 2172.1, 2172.2,
2172.3, 2172.4, 2172.5, 2172.6, 2172.7,
2172.8, 2172.9, 2173, 2174 AMEND:
1956.8, 1958, 1961, 1976, 1978, 2111,
2122, 2136, 2141, Incorporated Test
Procedures
AMEND: 1968.2, 1968.5, 2035, 2037,
2038
AMEND: 423.00
AMEND: 156.00
AMEND: 1090
AMEND: 811, 813
AMEND: 425.01
AMEND: 2023.1, 2023.3, 2023.4
AMEND: 1201, 1212, 1212.5, 1213,
1234

11/29/07
11/29/07
11/28/07
11/13/07
11/07/07
11/05/07
10/25/07
10/24/07

10/16/07

943.9.1, 923.9.2, 943.9.2 AMEND:
859.1, 916.9, 936.9, 956.9, 923.9, 943.9,
963.9
AMEND: 895.1, 1052, 1052.1, 1052.4
ADOPT: 1093, 1093.1, 1093.2, 1093.3,
1093.4, 1093.6 AMEND: 895, 895.1,
1037
AMEND: 163, 164
AMEND: 1038(i)
AMEND: 550, 551, 552
AMEND: 825.05
AMEND: 502
AMEND: 895.1, 898, 914.8, 916, 916.2,
916.9, 916.11, 916.12, 923.3, 923.9,
934.8, 936, 936.2, 936.9, 936.11, 936.12,
943.3, 943.9, 954.8, 956, 956.2, 956.9,
956.11, 956.12, 963.3, 963.9
ADOPT: 1.46, 28.38, 28.41, 28.42
AMEND: 1.17, 1.59, 27.60, 27.90, 28.59,
159, 195
AMEND: 815.05
AMEND: 29.85

10/12/07
10/09/07
Title 14, 27
10/17/07 Title 14: 18050, 18051, 18060, 18070,
18072, 18075, 18077, 18078, 18081,
18104.4, 18105.4, 18105.6, 18209,
18304, 18304.2, 18306, 18307, 18831
Title 27: 21563, 21615, 21620, 21650,
21680
Title 15
02/25/08 ADOPT: 3075.4 AMEND: 3000
02/04/08 ADOPT: 1700, 1706, 1712, 1714, 1730,
1731, 1740, 1747, 1747.5, 1748, 1749,
1750, 1751, 1752, 1753, 1754, 1756,
1757, 1760, 1766, 1767, 1768, 1770,
1772, 1776, 1778, 1788, 1790, 1792
01/23/08 AMEND: 3190, 3191
01/17/08 AMEND: 2275
01/08/08 AMEND: 3282
12/28/07 ADOPT: 3269.1 AMEND: 3005, 3315,
3341.5
12/18/07 AMEND: 3052, 3054.1
12/11/07 AMEND: 176
11/29/07 AMEND: 2600.1
11/29/07 AMEND: 2616
10/22/07 REPEAL:
3999.1.8,
3999.1.9,
3999.1.10, 3999.1.11
10/18/07 ADOPT: 3486 AMEND: 3482, 3484,
3485
10/16/07 AMEND: 3000, 3045.2, 3170.1, 3176,

AMEND: 7.50
ADOPT: 704
ADOPT: 787.0, 787.1, 787.2, 787.3,
787.4, 787.5, 787.6, 787.7, 787.8, 787.9
ADOPT: 25202, 25203, 25204, 25205,
25206, 25207, 25208, 25209, 25210,
25211
ADOPT: 17987, 17987.1, 17987.2,
17987.3, 17987.4, 17987.5
AMEND: 890
AMEND: 1670
AMEND: 251.3
ADOPT: 11970 AMEND: 11900
AMEND: 1280
AMEND: 2.25, 2.30, 5.75, 5.86, 5.93,
5.95, 6.37, 7.50, 8.00, 670.5
ADOPT: 2990, 2995, 2997 AMEND:
2125, 2518
AMEND: 2.00
AMEND: 17210.2, 17210.4, 17855.2,
17862, 17867
AMEND: 632
ADOPT: 700.4, 700.5 AMEND: 1.74,
29.15, 116, 300, 551, 705
ADOPT: 916.9.1, 936.9.1, 916.9.2,
936.9.2, 916.11.1, 936.11.1, 923.9.1,

10/09/07
10/01/07
356

3177,3815

ADOPT: 2536.1
ADOPT: 3075.4 AMEND: 3000

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
Title 16
02/19/08
02/15/08
02/04/08
02/01/08
01/11/08
12/27/07
12/27/07
12/18/07

12/13/07
11/30/07
11/26/07

11/26/07
11/21/07
11/19/07
11/07/07
11/02/07

10/29/07
AMEND: 1887.2, 1887.3
AMEND: 30, 95, 95.2, 95.6
AMEND: 2751
ADOPT: 1028.2, 1028.3, 1028.4, 1028.5
AMEND: 1021
ADOPT: 3340.43 AMEND: 3340.42
AMEND: 1833.1, 1870
ADOPT: 1887.13, 1887.14 AMEND:
1816.7, 1887.7
AMEND: 1707, 1709.1, 1715, 1717,
1746, 1780.1, 1781, 1787, 1790, 1793.8,
Form 17M–13, Form 17M–14 REPEAL:
1786
ADOPT: 1044.4 AMEND: 1044, 1044.1,
1044.3, 1044.5
AMEND: 1805, 1806, 1816, 1816.1,
1816.2, 1816.4, 1816.6, 1854, 1856,
1858 REPEAL: 1833.3, 1855, 1857
ADOPT: 4400, 4402, 4404, 4406, 4420,
4422, 4424, 4426, 4428, 4443, 4500,
4520, 4522, 4540, 4542
ADOPT: 4580
AMEND: 998
AMEND: 1749
AMEND: 1523
ADOPT: 4440, 4442, 4444, 4446, 4448,
4450, 4452, 4470, 4472, 4474, 4476,
4478, 4480, 4482, 4484

Title 18
01/24/08
01/23/08
01/23/08
01/07/08

10/31/07
10/05/07

AMEND: 1707.2
AMEND: 306, 306.1, 310, 390, 390.2,
390.3, 390.4, 390.5
10/04/07 AMEND: 1399.678
10/01/07 AMEND: 3394.6
Title 17
02/19/08 AMEND: 70100.1, 70200
02/14/08 ADOPT: 30410, 30410.2 AMEND:
30421, 30424, 30445, 30447
02/13/08 AMEND: 2500, 2502
02/06/08 ADOPT: 2641.56, 2641.57 AMEND:
2641.5, 2641.30, 2641.35, 2641.45,
2641.55, 2643.5, 2643.10, 2643.15
REPEAL: 2641.75, 2641.77
02/06/08 ADOPT: 2641.56, 2641.57 AMEND:
2641.5, 2641.30, 2641.35, 2641.45,
2641.55, 2643.5, 2643.10, 2643.15
REPEAL: 2641.75, 2641.77
01/11/08 AMEND: 60201
12/27/07 ADOPT: 93109.1, 93109.2 AMEND:
93109
11/16/07 AMEND: 57310, 57332
11/08/07 AMEND: 94508, 94509, 94510, 94511,
94512, 94513, 94514, 94515, 94523
357

AMEND: 93119
AMEND: 1699
AMEND: 101, 171
AMEND: 101, 171
ADOPT: (new Division 2.1) 5000, 5200,
5201, 5202, 5210, 5210.5, 5211, 5212,
5212.5, 5213, 5214, 5215, 5215.4,
5215.6, 5216, 5217, 5218, 5219, 5220,
5220.4, 5220.6, 5221, 5222, 5222.4,
5222.6, 5223, 5224, 5225, 5226, 5227,
5228, 5229, 5230, 5231, 5231.5, 5232,
5232.4, 5232.6, 5232.8, 5233, 5234,
5234.5, 5235, 5236, 5237, 5238, 5239,
5240, 5241, 5242, 5243, 5244, 5245,
5246, 5247, 5248, 5249, 5249.4, 5249.6,
5250, 5260, 5261, 5262, 5263, 5264,
5265, 5266, 5267, 5268, 5270, 5271,
5310, 5311, 5312, 5321, 5322, 5322.5,
5323, 5323.2, 5323.4, 5323.6, 5323.8,
5324, 5324.2, 5324.4, 5324.6, 5324.8,
5325, 5325.4, 5325.6, 5326, 5326.2,
5326.4, 5326.6, 5327, 5327.4, 5327.6,
5328, 5328.5, 5331, 5332, 5332.4,
5332.6, 5333, 5333.4, 5333.6, 5334,
5334.4, 5334.6, 5335, 5335.4, 5334.6,
5336, 5336.5, 5337, 5337.4, 5337.6,
5338, 5338.4, 5338.6, 5340, 5341, 5342,
5343, 5344, 5345, 5410, 5411, 5412,
5420, 5421, 5422, 5423, 5424, 5430,
5431, 5432, 5435, 5440, 5441, 5442,
5443, 5444, 5450, 5451, 5452, 5454,
5460, 5461, 5462, 5463, 5464, 5465,
5510, 5511, 5512, 5521, 5521.5, 5522,
5522.2, 5522.4, 5222.6, 5522.8, 5523,
5523.1, 5523.2, 5523.3, 5523.4, 5523.5,
5523.6, 5523.7, 5523.8, 5530, 5540,
5541, 5550, 5551, 5560, 5561, 5562,
5563, 5570, 5571, 5572, 5573, 5574,
5575, 5576 AMEND: Renumber
Division 2.1 to 2.2, renumber Division
2.2 to 2.3, renumber Division 2.3 to 2.4,
5090 (amend and renumber to 5600),
5091 (amend andrenumber to 5601),
5092 (amend and renumber to 5602),
5093 (amend andrenumber to 5603),
5094 (amend and renumber to 5604),
5095 (amend andrenumber to 5605),
5200 (amend and renumber to 5700)
REPEAL: 5010, 5011, 5012, 5020, 5021,
5022, 5023, 5024, 5030, 5031, 5032,
5033, 5034, 5035, 5036, 5040, 5041,
5042, 5043, 5050, 5051, 5052, 5053,
5054, 5055, 5056, 5060, 5061, 5062,

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z

01/04/08
01/02/08
11/21/07
11/08/07
Title 19
02/20/08
02/05/08
02/04/08
12/18/07
10/31/07
10/01/07
Title 20
11/29/07
10/16/07

Title 21
02/15/08
01/10/08
Title 22
02/08/08

02/06/08
02/06/08
01/08/08
12/13/07

5063, 5064, 5070, 5071, 5072,
5074, 5074.5, 5075, 5075.1,
5076.1, 5077, 5078, 5079, 5080,
5081.2, 5082, 5082.1, 5082.2,
5085, 5086
AMEND: 1521
AMEND: 1802
AMEND: 4703
ADOPT: 474

12/06/07

ADOPT: 97930, 97930.1, 97930.2,
97930.3, 97930.4, 97930.5, 97930.6,
97930.7, 97930.8, 97930.9, 97930.10
11/29/07 AMEND: 51531
11/20/07 AMEND: 311–1
11/08/07 ADOPT: 72038, 72077.1, 72329.1
AMEND: 72077, 72329
11/07/07 ADOPT: 66269.1
11/06/07 AMEND: 51003(e) REPEAL: 51307,
51506.2
10/23/07 AMEND: 4400, 4409.1, 4415 REPEAL:
4440.1
10/18/07 AMEND: 67391.1
10/16/07 AMEND: 10100 REPEAL: 10101
10/03/07 AMEND: 67386.5, 67386.6, 67386.11

5073,
5076,
5081,
5083,

AMEND: Division 2, Chapter 4, Article
4, Section 2729.2 and Appendices A I, II,
III and Appendices B I, II, III
REPEAL: 3.33
AMEND: 208, 209
AMEND: 2510, 2520, 2530, 2540, 2550
AMEND: 2040
AMEND: 2600

Title 22, MPP
12/31/07 ADOPT: 86500, 86501, 86501.5, 86505,
86505.1, 86506, 86507, 86508, 86509,
86510, 86511, 86512, 86517, 86518,
86519, 86519.1, 86519.2, 86520, 86521,
86522, 86523, 86524, 86526, 86527,
86528, 86529, 86531, 86531.1, 86531.2,
86534, 86535, 86536, 86540, 86542,
86544, 86545, 86546, 86552, 86553,
86554, 86555, 86555.1, 86558, 86559,
86561, 86562, 86563, 86564, 86565,
86565.2, 86565.5, 86566, 86568.1,
86568.2, 86568.4, 86570, 86572,
86572.1, 86572.2, 86574, 86575, 86576,
86577, 86578, 86578.1, 86579, 86580,
86586, 86587, 86587.1, 86587.2, 86588
AMEND: 11–400c, 11–402, 45–101(c),
45–202.5, 45–203.4, 45–301.1

AMEND: 1601, 1602, 1605.3, 1606
ADOPT: 2900, 2901, 2902, 2903, 2904,
2905, 2906, 2907, 2908, 2909, 2910,
2911, 2912, 2913
AMEND: 1575
AMEND: 6662.5,
6754(b)(2)

6663(b),

6753,

ADOPT: 64551.10, 64551.20, 64551.30,
64551.35,
64551.40,
64551.60,
64551.70, 64551.100, 64552, 64554,
64556, 64558, 64560, 64560.5, 64561,
64570, 64572, 64573, 64575, 64576,
64577, 64578, 64580, 64582, 64583,
64585, 64591, 64600, 64602, 64604
AMEND: 64590, 64593, 64654, 64658
REPEAL: 64417, 64555, 64560, 64562,
64563, 64564, 64566, 64568, 64570,
64600, 64602, 64604, 64612, 64622,
64624, 64626, 64628, 64630, 64632,
64634, 64636, 64638, 64640, 64642,
64644
AMEND: 2708(c) –1
AMEND: 2708(c) –1
ADOPT: 7107, 7118 AMEND: 7314
ADOPT: 64651.21, 64651.34, 64651.38,
64651.88, 64653.5, 64657, 64657.10,
64657.20, 64657.30, 64657.40, 64657.50
AMEND: 64650, 64651.10, 64651.50,
64651.53, 64651.60, 64652, 64652.5,
64653, 64654, 64655, 64658, 64660,
64661, 64662, 64663, 64664, 64666

Title 23
02/11/08
02/08/08
02/08/08
02/05/08
01/24/08
12/18/07
12/07/07
12/06/07
11/30/07
11/07/07
Title 25
12/10/07

358

ADOPT: 3939.27
ADOPT: 3939.28
ADOPT: 3939.30
ADOPT: 3939.29
ADOPT: 3939.31
AMEND: 2621, 2632, 2634, 2635, 2636,
2637, 2638, 2661, 2666, 2711, 2713
ADOPT: 3919
ADOPT: 3918
ADOPT: 3959.1
ADOPT: 3915
ADOPT: 8207.1, 8212.3 AMEND: 8204,
8207, 8208, 8209, 8210, 8211, 8212,
8212.1, 8213, 8216, 8217

CALIFORNIA REGULATORY NOTICE REGISTER 2008, VOLUME NO. 10-Z
15400.1, Division 3 — Subdivision 1 —
Chapters 1, 2, 3, 4, 5, 6

Title 27
02/25/08

ADOPT: 21815 AMEND: 21780, 21790,
21800, 21820, 21825, 21830, 21840,
21865, 22234, 22240, 22243, 22244,
22246, 22247, 22248, 22249, 22249.5,
22251,
22252,
22253,
Division
2 — Appendix 3
12/18/07 AMEND: 15290 (reports 3, 4 & 6),

Title 28
01/10/08
Title MPP
11/28/07

359

AMEND: 1300.67.60
AMEND: 47–110, 47–260, 47–301,
47–430, 47–601, 47–602, 47–620,
47–630 REPEAL: 47–610