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California Law Revision Commission

-- 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

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