-- Last revised 01/02/24 --
Judicial Review of Emergency Rulemaking - Study N-308
Government Code Section 11346.1 provides an expedited procedure for
state agency rulemaking in an emergency sitaution.
There appears to be an inconsistency between Section 11346.1(a), which
provides that only Sections 11346.1 and 11349.6 apply to an emergency rule, and Section 11350,
which expressly provides for judicial review of an emergency rule. As a followup to prior
Commission work in this area, the Commission will recommend language to eliminate the inconsistency.
For background on the Commission's work in this area, see Administrative Rulemaking , 29 Cal. L. Revision Comm'n 459 (1999), implemented by the Legislature in 2000 Cal. Stat. ch. 1060 (AB 1822 (Wayne)).
Related Material
- Legislation
- Final Recommendation
- Tentative Recommendation
- Commission Decisions (Meeting Minutes)
- Staff Memoranda
Legislation
-
2006: Assembly Bill 1302 (Horton) [Emergency Rulemaking]
[Enacted as 2006 Cal. Stat. ch. 713]
Top | CLRC Homepage
Final Recommendation
- Emergency Rulemaking Under the Administrative Procedure Act -- (June 2004)
Top | CLRC Homepage
Tentative Recommendations and Other Requests for Comment
- Tentative Rec. -- Emergency Rulemaking Under the Administrative Procedure Act (February 2004) -- Comments Due: 4/30/2004
Top | CLRC Homepage
Meeting Minutes
- June 10, 2004 Meeting in Sacramento
- February 6, 2004 Meeting in Sacramento
Top | CLRC Homepage
Staff Memoranda
- Memo 2004-29 -- Judicial Review of Emergency Rulemaking (Comments on Tentative Recommendation) (5/25/2004)
- Memo 2004-12, Supp. 1 -- Administrative Rulemaking: Judicial Review of Emergency Rulemaking (1/30/2004)
- Memo 2004-12 -- Administrative Rulemaking: Judicial Review of Emergency Rulemaking (12/19/2003)