1. (a) Each Friday is designated as the publication date of the California Regulatory Notice Register.

2. (b) At least ten calendar days before the desired publication date of any notice, an agency shall submit to OAL:

   1. (1) For hard-copy submissions, two copies of the Form 400 with Part A completed and two copies of the notice. If the notice is submitted pursuant to Government Code section 11346.4(a)(5), then in addition to the Notice of Proposed Action and STD. 399, the submission shall also include, pursuant to Government Code section 11346.2(a) and (b), one copy of the express terms of the proposed regulation, including each document incorporated by reference (if any), and the initial statement of reasons.

   2. (2) For electronic submissions, one electronic Form 400 with Part A completed and one electronic copy of the notice. If the notice is submitted pursuant to Government Code section 11346.4(a)(5), then in addition to the Notice of Proposed Action and STD. 399, the electronic submission shall also include, pursuant to Government Code section 11346.2(a) and (b), one electronic copy of the express terms of the proposed regulation, including each document incorporated by reference (if any), and the initial statement of reasons.

      1. (A) The agency must submit all electronic documents described in subsection (b)(2) in .pdf or .docx format; however, the Form 400 must be submitted in .pdf format.

      2. (B) Electronic notices and any required documents from subsections (b)(1) and (2) may only be submitted to OAL by uploading the documents to the agency's designated document library of the OAL eSubmissions Portal.

         1. 1. Before uploading any documents, the agency staff person must create a new folder in the “Submission of Notices” folder. The name of the new folder must match the subject of the notice listed in section A.1. of the Form 400 and must be different from the names of existing folders.
         2. 2. After creating the new folder, all documents required pursuant to subsection (b)(2) must be uploaded to the new folder. The file name of each document must be consistent with the title of the document.
         3. 3. Once all required documents are uploaded to the folder referenced in subsection (b)(2)(B)1., the agency must email [email protected]. That email must state, “All required documents have been uploaded to the folder titled [title] in the Submission of Notices folder. We understand that after sending this email no additional documents may be added to the folder, no documents may be deleted from the folder, and no changes may be made to any document within the folder.” OAL will consider the electronic submission to be submitted when OAL receives this email and will stamp it as submitted with that date.
         4. 4. After sending the email required by subsection (b)(2)(B)3., the agency shall not add, delete, or modify documents in the folder. If any of these conditions are violated, OAL will reject the notice submission.

      3. (C) OAL will consider electronic notices received after 5:00 p.m. on a working day, or at any time on a weekend or holiday, to be submitted on the following working day.

         1. 1. Within one working day of electronic receipt of all required notice documents, OAL will move the documents from the “Submission of Notices” folder and email a time-stamped Form 400 that includes the assigned notice file number to the email address used to upload the documents and, if provided by the agency, the email address of the agency contact listed on the Form 400.

3. (c) The Form 400 must contain:

   1. (1) a description of the subject matter of the notice and, if the notice is a notice of proposed regulatory action, the title(s) of the California Code of Regulations affected, with the first affected regulation section number listed;
   2. (2) the requested publication date;
   3. (3) the type of notice;
   4. (4) the name of the submitting agency and the agency file number, if any, as well as the name and telephone number of an agency contact person for the notice submission;
   5. (5) if the notice is a notice of proposed regulatory action submitted after an emergency filing, the agency shall enter the number assigned by OAL to the emergency filing in the box marked “All Previous Related OAL Regulatory Action Number(s)” (box 1b. of Part B); and
   6. (6) if the notice is a notice of proposed regulatory action submitted after the readoption of an emergency filing, the agency shall enter the number assigned by OAL to the readoption of the emergency filing and the number assigned by OAL to the original emergency filing in the box marked “All Previous Related OAL Regulatory Action Number(s)” (box 1b. of Part B).

4. (d) If a notice of proposed regulatory action fails to comply with the requirements of this article, or sections 11346.3, 11346.4(a)(5), and 11346.5 of the Government Code, OAL shall contact the agency within three working days to correct any deficiencies. If the deficiencies are not corrected by agreement between OAL and the agency within the three-working-day period, OAL shall promptly return the notice to the agency with a letter explaining the reasons for rejecting the notice submission.

   1. (1) An electronically-submitted notice of proposed regulatory action that must be returned to the agency pursuant to subsections (b)(2)(B)4. and (d) will be transmitted to the agency by uploading the rejected notice submission, including the notice of proposed action and any related documents, to the “Rejected Submissions” folder of the agency's designated document library of the OAL eSubmissions Portal.
   2. (2) OAL will upload the rejected notice submission to a folder with a name matching the subject of the regulations listed in section A.1. of the Form 400.
   3. (3) After uploading the rejected notice submission to the “Rejected Submissions” folder, OAL will send an email to the email address used to upload the notice documents indicating the rejected notice submission is ready to be downloaded by the agency.
   4. (4) The agency must download the rejected notice submission within forty-five calendar days of notification by OAL, after which OAL will delete the rejected notice submission from the “Rejected Submissions” folder.

Note: Authority cited: Section 11342.4, Government Code. Reference: Sections 11344.1, 11346.2, 11346.3, 11346.4 and 11346.5, Government Code.

History

1. Renumbering of former section 120 as section 5 filed 6-26-90; operative 7-25-90 (Register 90, No. 35).

2. Change without regulatory effect amending sections filed 7-25-90 pursuant to section 100, title 1, California Code of Regulations; operative 7-25-90 (Register 90, No. 38).

3. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations substituting “11346.2(a)” for “11346.7(a)” in subsection (b)(2); adding “11346.3,” the word “and,” and deleting “and 11346.53” in subsection (e); and adding “11346.2,” “11346.3,” the word “and,” and deleting “11346.53, and 11346.7,” in the reference citation under “Note.” Filed 1-3-95; operative upon filing (Register 95, No. 1).

4. Change without regulatory effect amending subsections (c)(5)-(6) filed 4-19-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 17).

5. Amendment of section heading and section filed 7-6-2020 as an emergency; operative 7-6-2020 (Register 2020, No. 28). Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 28). A Certificate of Compliance must be transmitted to OAL by 5-4-2021 or emergency language will be repealed by operation of law on the following day.

6. Amendment of section heading and section refiled 5-5-2021 as an emergency; operative 5-5-2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 19). A Certificate of Compliance must be transmitted to OAL by 12-3-2021 or emergency language will be repealed by operation of law on the following day.

7. Amendment of section heading and section refiled 12-3-2021 as an emergency; operative 12-4-2021 (Register 2021, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-4-2022 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 12-3-2021 order, including amendment of subsection (b)(2)(A), repealer of subsections (d)-(d)(3) and subsection relettering, transmitted to OAL 3-4-2022 and filed 4-18-2022; amendments operative 4-18-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 16).

9. Amendment of subsections (b)(1)-(2)(B), (b)(2)(C) and (d) and new subsections (b)(2)(B)1.-4., (b)(2)(C)1. and (d)(1)-(4) filed 2-4-2026; operative 4-1-2026 (Register 2026, No. 6).