A. Questions Regarding Electronic Submissions

Can I email questions to electronicsubmissions@oal.ca.gov?
No, that email account is for requests for access to the OAL eSubmissions Portal and for notifying OAL that an action has been submitted using the OAL eSubmissions Portal. Please email questions about use of the OAL eSubmissions Portal to the OAL Reference Attorney at staff@oal.ca.gov.

How do I know that OAL received my electronic submission and it was accepted for processing?
After your submission is reviewed for compliance with our regulations, you will receive an email providing a copy of the Form 400 with the OAL file number. If the submission was rejected, you will receive an email explaining the reason(s) why the submission was rejected.

B. Form 400

Does my Agency Head need to digitally sign the Form 400 or is an electronic signature acceptable?
For actions submitted using the OAL eSubmissions Portal, the Form 400 must be signed electronically with either: 1) a digital signature, as defined in Government Code section 16.5(d), or 2) an electronic signature, as defined in Civil Code section 1633.2(h).

When I combine a signed Form 400 with the final regulation text, the digital signature on the Form 400 in the resulting .pdf is rendered invalid. What do I do?
Try combining the two .pdf documents into a .pdf “Portfolio” instead.

Where can I find a current version of the Form 400 online?
The latest version of the standard, statewide form STD. 400 is available in .pdf format from the Department of General Services at https://forms.dgs.ca.gov/.

Do OAL’s digital signature requirements apply to all electronically submitted documents?
No, section 101 of title 1 of the CCR only applies to the use of digital signatures on the Form 400.

Does the certification described in section 101 have to be made in a certain format or on a particular form?
No, there is no form. A certification will be accepted in any format as long as it includes the applicable language from section 101 of title 1 of the CCR and is signed and dated by the Agency Head.

What kind of signature is needed on the certification described in section 101?
There are no limitations on the type of signature used in the certification. A section 101-compliant certification may include a wet, digital, or other electronic signature.

Do I have to include a section 101-compliant certification with each electronically submitted rulemaking action?
No, you must provide OAL with a section 101-compliant certification prior to or at the time of electronically submitting your first rulemaking action that utilizes a digital signature on the Form 400. We will keep the certification on file for our reference. Unless revoked or superseded, the certification is valid during the term of office of the Agency Head.
A section 101-compliant certification is not required if the Form 400 is signed with an electronic signature, as defined in Civil Code section 1633.2(h).

OAL already has my Agency Head’s delegation of authority to sign the hardcopy Form 400 on file. Will that satisfy the requirements of section 101?
No, the certification required by section 101 of title 1 of the CCR is specifically for the use of digital signatures on the Form 400.

Can we electronically sign the Form 399?
The Form 399 is a Department of Finance (DOF) form. For information regarding electronic signatures on the Form 399, please contact your DOF budget analyst.

Do the signatures on the Form 399 need to be the same signature method? For example, what if the Fiscal Officer signed the Form 399 with an electronic signature and the Agency Secretary signed the Form 399 with a wet signature? Is that acceptable?
The Form 399 is a DOF form. For information regarding electronic signatures on the Form 399, please contact your DOF budget analyst.

Do I have to file my action with OAL using the OAL eSubmissions Portal?
No, OAL also accepts hardcopy submissions pursuant to sections 5(b)(1) and 6 of title 1 of the CCR. OAL is open Monday through Friday, from 8:00am to 5:00pm.