Finding Past Versions of a Regulation
Sometimes, there is a need to research a prior version of a section of the California Code of Regulations (CCR) or to track its history. Researching a prior version of a CCR section is done through the use of the California Regulatory Code Supplement, also commonly referred to as the “CCR Supplement,” “Code Supplement,” “Regulatory Register,” or “Register.” (Prior to mid-1990, the Supplement was known as either the California Code of Regulations Supplement or the California Administrative Code Supplement.)
THE CALIFORNIA CODE OF REGULATIONS, THE CALIFORNIA REGULATORY CODE SUPPLEMENT, AND THE CALIFORNIA REGULATORY NOTICE REGISTER
The Office of Administrative Law (OAL) publishes three primary regulatory publications for California: (1) the California Code of Regulations (CCR); (2) the California Regulatory Code Supplement (CCR Supplement or Code Supplement); and (3) the California Regulatory Notice Register (Notice Register).
The CCR contains regulations duly adopted pursuant to the Administrative Procedure Act (APA) by California state agencies. Generally speaking, after OAL approves a proposed regulation adopted by a state agency, it then files the regulation with the Secretary of State and publishes it in the CCR. The CCR is updated weekly through the publication of the CCR Supplement.
The Regulatory Register (CCR Supplement or Code Supplement) vs. the Notice Register
The Regulatory Register (CCR Supplement or Code Supplement) and the Notice Register should not be confused.
The Regulatory Register (CCR Supplement or Code Supplement) contains the weekly updates to the CCR.
The Notice Register contains notices of proposed adoption, amendment, or repeal of CCR sections proposed by California state agencies. Publication of a notice in the Notice Register begins the rulemaking process for a state agency. The Notice Register is published every Friday in hard copy and online.
The Regulatory Register (CCR Supplement or Code Supplement) is also published every Friday in hard copy format to update the hard copy print version of the CCR. The online CCR is updated electronically.
HOW DO I FIND A PAST VERSION OF A SECTION OF THE CCR?
The key to researching the history of a CCR section is the History Note, which is almost always located at the end of a CCR section. The History Note gives the chronology of the adoption of and changes to a section and include such information as the filing date of the CCR section with the Secretary of State, when the section became effective (or operative), and the year and volume number (week) in which the text was published in the CCR Supplement.
The number of History Notes for a CCR section varies. Some sections may have several History Notes, while other CCR sections may have only one History Note. For CCR sections with no History Note, see “WHAT IF THERE IS NO HISTORY NOTE AT THE END OF A CCR SECTION?” below.
Each week’s published CCR Supplement contains the text of adoptions, amendments, and repeals made to the CCR by state agencies, as filed with the Secretary of State for that particular week. The CCR Supplements are organized by Register year and number, with the number corresponding to that week of the year—e.g., Register 2008, No. 1 (first Friday of the year) through Register 2008, No. 52 (last Friday of the year). (And there is a “No. 53” for those years with an extra week.)
Locating a CCR section in a particular weekly CCR Supplement volume gives you a “snapshot” of the text of that CCR section as approved at that point in time.
WHERE CAN I FIND THE CCR SUPPLEMENT (REGISTER)?
The California State Law Library houses a collection of past CCR Supplements (Registers) going back to 1945 in a variety of media formats (microfiche, hard copy). Library staff can assist with research issues. Please contact the State Law Library at:
Stanley Mosk Library and Courts Building
Witkin State Law Library of California
914 Capitol Mall, 3rd Floor
Sacramento, California 95814
(916) 323-9839
FAX (916) 654-2039
Email: csllaw@library.ca.gov
OAL also keeps a set of CCR Supplements (Registers) but does not have them in the variety of media formats as does the State Library and is not able to offer library or research services to the public.
WHAT IF THERE IS NO HISTORY NOTE AT THE END OF A CCR SECTION?
If there is no History Note at the end of a CCR section, its history can still be found by looking under the first section within the hierarchy that the section falls under—either the article, chapter, or division (or in rare cases, a subarticle, subchapter, or subdivision). The History Note in that first section will most likely contain the history of when that entire unit (e.g., article, chapter, division) was adopted. The subsequent amendment or repeal of any section within that hierarchal unit would also be documented in that same History Note.
In the historical past, when an entire regulatory unit (e.g., article, chapter, division, etc.) was adopted, the publishing practice was to write a single History Note which was usually located under the first section of that particular hierarchal unit. Editorial practices have evolved, and now History Notes are written for every CCR section.
WHERE ARE APPROVED REGULATIONS KEPT?
When OAL approves a CCR regulation, it files the original text with the Secretary of State. The Secretary of State endorses the text and keeps the original copy. Please contact the Secretary of State Archives at:
California State Archives
1020 “O” Street
Sacramento, CA 95814
Reference Desk: (916) 653-2246
General Information: (916) 653-7715
FAX: (916) 653-7363
E-Mail: ArchivesWeb@sos.ca.gov
HOW DO I FIND THE INTENT OR JUSTIFICATION OF A REGULATION SECTION OF THE CCR?
The state agency that promulgated the regulation is required to justify the necessity and explain the rationale for each proposal in a document known as the “Initial Statement of Reasons” which is a part of the complete rulemaking record. Agencies are required to keep and store their rulemaking records pursuant to Government Code section 11347.3(e) and (f). Agencies may choose to transmit their rulemaking records to the State Archives.
After OAL completes its review, it returns the rulemaking record to the state agency for its safekeeping and storage. OAL does not retain any state agency rulemaking records other than its own.