1. (a) A regulation shall “serve the same purpose,” as that term is used in Government Code Section 11349(f), where it either repeats or rephrases in whole or in part a state or federal statute or regulation.

2. (b) A regulation which duplicates a state or federal statute or regulation shall, nonetheless, meet the “nonduplication” standard of Government Code Section 11349.1 if any one of the following conditions is met:

   1. (1) The proposed regulation duplicates or overlaps a state or federal statute or regulation which is cited as “authority” or “reference” for the proposed regulation and the duplication or overlap is necessary to satisfy the “clarity” standard of Government Code Section 11349.1(a)(3). Justification for such duplication shall be provided by inclusion of facts, explanations, expert opinions or other information in the rulemaking record which establish that the overlap or duplication is necessary in order for the regulation to satisfy the requirements of Government Code Section 11349.1(a)(3); or
   2. (2) The agency meets the requirement of Government Code Section 11346.9(c) when adopting or amending federally mandated regulations; or

   3. (3) The duplication is mandated or authorized by a specified statute or other provision of law. The agency shall include a statement in its rulemaking record which:

      1. (A) identifies the state or federal statute(s) or regulation(s) which the regulation under review overlaps or duplicates, and

      2. (B) identifies the provision of law which mandates or permits the overlap or duplication.

         This statement shall set forth the applicable provision of law in a citation style which clearly identifies the statute or regulation and provides information necessary to locate the full text of the statute or regulation.

Note: Authority cited: Section 11349.1(c), Government Code. Reference: Sections 11346.2, 11346.9, 11349(f) and 11349.1(a)(6), Government Code.

History

1. New section filed 1-2-86; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 86, No. 1).

2. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations adding quotation marks around “Nonduplication” in the section heading and substituting “11349.1(c)” for “11349.1(b)” in the Note filed 1-5-89; operative 1-5-89 (Register 89, No. 3).

3. Editorial correction of History No. 2 (Register 89, No. 12).

4. Change without regulatory effect, pursuant to Section 100, Title 1, California Code of Regulations, substituting “11346.9(c)” for “11346.7(d)” in subsection (b)(2); substituting “11346.2” for “11346.7(a) and (b),” and adding “11346.9” in the reference citation under “Note.” Filed 1-3-95; operative upon filing (Register 95, No. 1).