-- Last revised 11/22/06 --
Judicial Review of Emergency Rulemaking - Study N-308
Government Code Section 11346.1 provides an expedited procedure for
state agency rulemaking in an emergency sitaution.
There appears to be an inconsistency between Section 11346.1(a), which provides that only Sections 11346.1 and 11349.6 apply to an emergency rule, and Section 11350, which expressly provides for judicial review of an emergency rule. As a followup to prior Commission work in this area, the Commission will recommend language to eliminate the inconsistency.
For background on the Commission's work in this area, see Administrative Rulemaking , 29 Cal. L. Revision Comm'n 459 (1999), implemented by the Legislature in 2000 Cal. Stat. ch. 1060 (AB 1822 (Wayne)).
If you have questions or comments on this study, send email to Brian Hebert at firstname.lastname@example.org.
- Final Recommendation
- Tentative Recommendation
- Commission Decisions (Meeting Minutes)
- Staff Memoranda
2006: Assembly Bill 1302 (Horton) [Emergency Rulemaking]
[Enacted as 2006 Cal. Stat. ch. 713]
- Emergency Rulemaking Under the AdministrativeProcedure Act -- (June 2004)
Tentative Recommendations and Other Requests for Comment
- Tentative Rec. -- Emergency Rulemaking Under the Administrative Procedure Act (February 2004) -- Comments Due: 4/30/2004
- Memo 2004-29 -- Judicial Review of Emergency Rulemaking (Comments on Tentative Recommendation) (5/25/2004)
- Memo 2004-12, Supp. 1 -- Administrative Rulemaking: Judicial Review of Emergency Rulemaking (1/30/2004)
- Memo 2004-12 -- Administrative Rulemaking: Judicial Review of Emergency Rulemaking (12/19/2003)
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