OAL Determination 2008

2008 OAL Determination Number 1
Filed with the Secretary of State on February 20, 2008
Agency: Department of Corrections and Rehabilitation
Challenged Rule: Indeterminate Security Housing Unit Status for Disruptive Inmates

2008 OAL Determination Number 2
Filed with the Secretary of State on March 12, 2008
Agency: Department of Corrections and Rehabilitation
Challenged Rule: Specific Language in Department Operations Manual Section 54020.24 and 54020.29 Dealing with Removing Items from a Visiting Area

2008 OAL Determination Number 3(S)
Filed with the Secretary of State on April 7, 2008
Agency: Mojave Desert Air Quality Management District
Challenged Rule: New Cost-Effectiveness Threshold for Particulate Matter Pollution Control

2008 OAL Determination No. 4(S)
Filed with the Secretary of State on April 17, 2008
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: A Memorandum titled, “Security Enhancements for CDCR Inmate Identification (ID) Cards”(Memorandum), issued by the California Men’s Colony

2008 OAL Determination Number 5(S)
Filed with the Secretary of State on April 30, 2008
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: “Mandatory Kick Out for Clean Up” (Memorandum), issued by the Sierra Conservation Center, a correctional facility within the California Department of Corrections and Rehabilitation

2008 OAL Determination No. 6
Filed with the Secretary of State on May 19, 2008
Agency: California Department of Personnel Administration
Challenged Rule: Personnel Management Liaison Memorandum 2005-024 (PML 2005-024), dealing with “Six Month Limitation of Retroactive Dental Premium Reimbursements.”

2008 OAL Determination Number 7(S)
Filed with the Secretary of State on May 30, 2008
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: As an Underground Regulations a Court Order Issued by Superior Court, County of San Joaquin and Penal Code section 4024.1

2008 OAL Determination No. 8(S)
Filed with the Secretary of State on June 10, 2008
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: An Addendum to DOM 52020 Inmate Count and Movement (Addendum) issued January 16, 2008, by the Sierra Conservation Center

2008 OAL Determination Number 9(S)
Filed with the Secretary of State on June 11, 2008
Agency: California Department of Conservation, Division of Recycling
Challenged Rule: The Amendment to California Code of Regulations, title 14, section 2530(f) (4) by the Department of Conservation, Division of Recycling

2008 OAL Determination Number 10(S)
Filed with the Secretary of State on June 11, 2008
Agency: California Department of Conservation, Division of Recycling
Challenged Rule: The Imposition of a no-baling Condition on a Recycler’s Certificate

2008 OAL Determination Number 11(S)
Filed with the Secretary of State on June 11, 2008
Agency: California Department of Corrections and Rehabilitation and Soledad Correctional Training Facility
Challenged Rule: Operation Procedure bulletins #11 (issued June 1, 2007), #34 (issued April 3, 2006, with Addendum issued June 21, 2006), and #40 (issued October 12, 2007) regarding inmate count and movement of Close B male inmates issued by the Soledad Correctional Training Facility

2008 OAL Determination Number 12
Filed with the Secretary of State on June 16, 2008
Agency: Office of the State Fire Marshal
Challenged Rule: Certification Fees for CFSTES and FSTEP

2008 OAL Determination Number 13(S)
Filed with the Secretary of State on July 9, 2008
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: A rule Issued by the California Correctional Institution at Tehachapi (CCI) Requiring the Disconnection or Removal of Speakers from Televisions in the Segregated Housing Unit at CCI

2008 OAL Determination Number 14(S)
Filed with the Secretary of State on July 21, 2008
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: A Memorandum Regarding “Management of Indecent Exposure Protocol”

2008 OAL Determination Number 15
Filed with the Secretary of State on July 23, 2008
Agency: Employment Development Department
Challenged Rule: Employment Development Department – An Agreement Between the Employment Development Department and the California Unemployment Insurance Appeals Board, Dealing with Workforce Investment Act Audit Appeals

2008 OAL Determination No. 16(S)
Filed with the Secretary of State on August 1, 2008
Agency: California Department of Public Health, Office of Vital Records
Challenged Rule: Form VS-117 (06/08) “License and Certificate of Marriage,” issued by the Department of Public Health, Office of Vital Records

2008 OAL Determination Number 17(S)
Filed with the Secretary of State on August 1, 2008
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: A Memorandum titled “Restitution Requirement for Out-of-State Inmates”

2008 OAL Determination Number 18
Filed with the Secretary of State on August 4, 2008
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: Department Operations Manual (DOM) sections 31130.6, 31130.6.1, 31130.6.2, and 31130.6.3, dealing with “hiring above minimum” (HAM) salaries

2008 OAL Determination No. 19
Filed with the Secretary of State on August 15, 2008
Agency: California Department of Mental Health
Challenged Rule: Provisions in the “Clinical Evaluator Handbook and Standardized Assessment Protocol (2007)” (Protocol) issued by the Department of Mental Health

2008 OAL Determination Number 20
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: Operational Procedure #806 issued by California State Prison at Corcoran

2008 OAL Determination Number 21(S)
Filed with the Secretary of State on August 21, 2008
Agency: State Water Resources Control Board
Challenged Rule: Order WQ-2004-0015-UST, In the Matter of the Petition of Murray Kelsoe

2008 OAL Determination Number 22
Filed with the Secretary of State on August 26, 2008
Agency: State Lands Commission
Challenged Rule: State Lands Commission Policy In Connection With Development of Coastal Land Adjoining State-Owned Tidelands

Note: This determination was the subject of litigation.  The Third Court of Appeal did not agree with OAL’s determination that the challenged rule was exempt from the Administrative Procedure Act, and therefore, found the challenged rule to be an underground regulation.

2008 OAL Determination Number 23
Filed with the Secretary of State on August 27, 2008
Agency: Department of Mental Health
Challenged Rule: Administrative Directive 818 concerning contraband at Coalinga State Hospital

2008 OAL Determination Number 24
Filed with the Secretary of State on September 8, 2008
Agency: Department of Mental Health
Challenged Rule: Administrative Directive 624 concerning individuals’ mail and packages issued by Coalinga State Hospital, Department of Mental Health

2008 OAL Determination No. 25(S)
Filed with the Secretary of State on September 16, 2008
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: Amendments to California Code of Regulations, title 15, sections 3269 and 3315 concerning inmate housing related to double celling

2008 OAL Determination Number 26(S)
Filed with the Secretary of State on September 16, 2008
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: Operational Procedure #101120.6 issued by California State Prison at Corcoran

2008 OAL Determination Number 27(S)
Filed with the Secretary of State on September 17, 2008
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: California State Prison – Solano Department Operations Manual Supplement section 53130

2008 OAL Determination Number 28
Filed with the Secretary of State on September 26, 2008
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: Administrative Directive No. 05-03 Concerning the Processing of Inmate/Parolee Appeals Alleging Staff Misconduct or Requiring an Internal Affairs Investigation

2008 OAL Determination Number 29(S)
Filed with the Secretary of State on October 6, 2008
Agency: Department of Corrections and Rehabilitation
Challenged Rule: Title 15, section 3341.5(c)(9)(K) dealing with Sexual Misconduct, Indecent Exposure and Sexually Disorderly Conduct

2008 OAL Determination Number 30(S)
Filed with the Secretary of State on October 8, 2008
Agency: Department of Corrections and Rehabilitation
Challenged Rule: Kern Valley State Prison Memo affecting Inmate pay as an Underground Regulation

2008 OAL Determination Number 31
Filed with the Secretary of State on October 31, 2008
Agency: California Department of Mental Health
Challenged Rule: Administrative Directive No. 15.16, issued by Patton State Hospital, Department of Mental Health, regarding restrictions on patients’ mail, allowable property, and disposition of contraband

2008 OAL Determination Number 32
Filed with the Secretary of State on December 12, 2008
Agency: California Department of Mental Health
Challenged Rule: Special Order Number 339, titled Involuntary Administration of Antipsychotic Medication to Mentally Disordered Offender Individuals (Penal Code 2962 and 2972) and not guilty by reason of Insanity Individuals (Penal Code 1026)

2008 OAL Determination No. 33(S)
Filed with the Secretary of State on December 18, 2008
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: Shower Program East Block memo

2008 OAL Determination Number 34
Filed with the Secretary of State on December 23, 2008
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: Memorandum issued by the California Department of Corrections and Rehabilitation titled “Unauthorized Possession of Razor Blades by Inmates Housed in Administrative Segregation Units, Psychiatric Services Units, or in Security Housing Units.”

For information on Determinations, please contact Margaret Molina at mmolina@oal.ca.gov.