-- Last revised 01/02/24 --
Rulemaking Under Penal Code Section 5058 - Study N-304
As a general matter, rulemaking by a state agency is governed by the
Administrative Procedure Act. Penal Code Section 5058 provides special procedures for rulemaking
by the Department of Corrections. The Law Revision Commission studied the provisions of
Section 5058 that govern pilot program regulations and emergency rulemaking, and recommended
a number of minor improvements to those provisions. The Commission's recommendation was
enacted by the Legislature. See below.
Related Material
Legislation
-
2001: Senate Bill 563 (Morrow) -- Bill information at Legislative Counsel's website
Enacted. 2001 Cal. Stat. ch. 141
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Final Recommendation
- Recommendation -- Rulemaking Under Penal Code Section 5058 (10/15/2000)
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Tentative Recommendations and Other Requests for Comment
- Tentative Rec. -- Rulemaking Under Penal Code Section 5058 (April 2000)
- Request for Comment -- Rulemaking Under Penal Code Section 5058 (December 1999)
- Request for Comment -- Specific Exceptions to Rulemaking Requirements of the Administrative Procedure Act (May 1999)
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Staff Memoranda
- Memo 2000-67 -- Rulemaking Under Penal Code Section 5058 (Comments on Tentative Recommendation) (9/13/2000)
- Memo 2000-28 -- Rulemaking Under Penal Code Section 5058 (Comments on Request for Public Comment) (3/29/2000)
- Memo 99-70 -- Administrative Rulemaking: Exemptions from Administrative Procedure Act (9/28/99)
- Memo 99-52, Supp. 1 -- Administrative Rulemaking: Exemptions from Administrative Procedure Act [Not distributed; superseded by 99-70] (8/11/99)
- Memo 99-52 -- Administrative Rulemaking: Exemptions from Administrative Procedure Act (8/3/99)