Established July 1, 1980, the Office of Administrative Law (OAL) ensures that agency regulations are clear, necessary, legally valid, and available to the public. Since its creation, OAL has been and continues to be responsible for reviewing administrative regulations proposed by over 200 state agencies for compliance with the standards set forth in California’s Administrative Procedure Act (APA), for transmitting these regulations to the Secretary of State and for publishing regulations in the California Code of Regulations.
OAL assists state regulatory agencies through a formal training program, as well as through other less formal methods, to understand and comply with the Administrative Procedure Act. OAL also accepts petitions challenging alleged underground regulations–those rules issued by state agencies which meet the Administrative Procedure Act’s definition of a “regulation” but were not adopted pursuant to the APA process and are not expressly exempt.
OAL also oversees the publication and distribution, in print and on the Internet, of the California Code of Regulations and the California Regulatory Notice Register.
GOVERNOR'S EXECUTIVE ORDERS EXTENDING APA DEADLINES
Update to Governor's Executive Orders Regarding Extensions to APA Deadlines. Executive Order N-08-21, issued on June 11, 2021, states that the extensions to the APA deadlines provided for in Executive Order N-40-20 will remain in place through June 30, 2021, and then will terminate, with the following exception:
Rulemakings published in the California Regulatory Notice Register (CRNR) pursuant to Government Code section 11346.4(a)(5) prior to June 30, 2021 (regular rulemaking actions including certificates of compliance). The extensions from the prior executive orders that apply to this exception [if an agency publishes a Notice of Proposed Action (NOPA) by June 29, 2021] are:
. The one-year deadline is extended by an extra 120 days [Gov. Code, sec.
. OAL’s 30 working day review of those rulemakings (except for Certificates of
Compliance) is extended by 120 days [Gov. Code, sec. 11349.3(a)]; and,
. If disapproved, the agency has an additional 120 days to resubmit the rulemaking
[Gov. Code, sec. 11349.4(a)]
Everything else “expires” after June 30th. This means that no more extensions to those deadlines listed in paragraph 1 of Executive Order N-40-20 accrue (except as stated above). Therefore, as of July 1, 2021, approval notices issued by OAL will not reflect any new extensions to emergency matters (or their readoptions). If an extension was previously granted by an Executive Order on or prior to June 30th, it remains in effect.
Governor Newsom’s Executive Order N-40-20, issued March 30, 2020, extended by 60 calendar days the following deadlines that affect state agency rulemaking actions under the Administrative Procedure Act (APA) during the state of emergency:
- The one year deadline for expiration of a Notice of Proposed Action (NOPA) and submission to OAL of proposed regulatory actions under a NOPA (Government Code, section 11346.4(b));
- The deadline for expiration of emergency regulations (Government Code, section 11346.1(e));
- The deadline to readopt emergency regulations (Government Code, section 11346.1(h));
- The 120 day deadline to resubmit disapproved rulemaking actions (Government Code, section 11349.4(a)); and,
The 30 working day deadline for OAL to review proposed regular and non-substantive rulemaking actions submitted to OAL for review (Government Code, section 11349.3(a) and California Code of Regulations, title 1, section 100).
Governor Newsom's Executive Order N-71-20, issued June 30, 2020, extended by 60 additional days the foregoing deadlines that affect state agency rulemaking actions under the Administrative Procedure Act (APA).
OAL’s Tribal Consultation Policy memorializes OAL’s commitment to open and respectful communications with California’s Indian Tribes. Tribal Consultation Policy
As part of the Governor’s Reorganization Plan No. 2 of 2012, effective July 1, 2013, the Office of Administrative Law is now part of the Government Operations Agency.
Office of Administrative Law
300 Capitol Mall, Suite 1250
Sacramento, CA 95814-4339
Phone: (916) 323-6225
CALNET: (916) 473-6225
Fax: (916) 323-6826
Voicemail Line: (916) 323-6815
If you wish to receive notice of proposed rulemakings by OAL, send an email to email@example.com and request to be put on OAL's mailing list.