1. (a) For all emergency regulatory actions promulgated in accordance with Government Code section 11346.1, the agency must:

   1. (1) Prepare the documentation described in subsection (b); and either

      1. (A) Submit one hard copy of the documentation along with hard copies of all documents described in section 6, subsection (a); or

      2. (B) Submit one electronic copy of the documentation along with electronic copies of all documents described in section 6.5, subsection (a)(1).

         1. 1. Electronic submissions must be submitted in compliance with section 6.5, subsection (b).

2. (b) Documentation required for all emergency regulatory actions:

   1. (1) The finding of emergency required by Government Code section 11346.1(b);

   2. (2) An estimate prepared in accordance with instructions adopted by the Department of Finance as required by Government Code section 11346.5(a)(6); and either

      1. (B) A statement by the submitting agency confirming that the emergency situation addressed by the regulations clearly poses such an immediate, serious harm that delaying action to allow notice and public comment would be inconsistent with the public interest. The statement shall include:

         1. 1. Specific facts demonstrating by substantial evidence that failure of the rulemaking agency to adopt the regulation within the time periods required for notice pursuant to Government Code section 11346.1(a)(2) and for public comment pursuant to Government Code section 11349.6(b) will likely result in serious harm to the public peace, health, safety, or general welfare; and
         2. 2. Specific facts demonstrating by substantial evidence that the immediate adoption of the proposed regulation by the rulemaking agency can be reasonably expected to prevent or significantly alleviate that serious harm.

      (3)(A) A statement by the submitting agency confirming that it has complied with the requirement to provide notice of proposed rulemaking action pursuant to Government Code section 11346.1(a)(2); or

3. (c) OAL shall not approve any emergency regulation submitted with a subsection (b)(3)(B) statement that does not satisfy the requirements of subsections (b)(3)(B)1. and 2.

Note: Authority cited: Section 11342.4, Government Code. Reference: Sections 11342.545, 11346.1 and 11349.6, Government Code.

History

1. New section filed 2-25-2008; operative 3-26-2008 (Register 2008, No. 9).

2. 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.

3. 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.

4. 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.

5. Certificate of Compliance as to 12-3-2021 order, including repealer and new subsection (a)(3), 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).

6. Redesignation of subsections (a)(2) and (a)(3) as (a)(1)(A) and (a)(1)(B) and new subsection (a)(1)(B)1. filed 2-4-2026; operative 4-1-2026 (Register 2026, No. 6).