1. (a) Readoption of an emergency regulation pursuant to Government Code section 11346.1(h) requires sending a notice of the proposed regulatory action pursuant to Government Code section 11346.1(a)(2).

2. (b) In addition to fulfilling the requirements for submission of regulatory actions described in sections 6 or 6.5 and 50, an agency requesting approval for readoption of an emergency regulation shall provide the following:

   1. (1) A statement providing specific facts demonstrating by substantial evidence that the agency has made substantial progress and proceeded with diligence to comply with Government Code section 11346.1(e); and either
   2. (2) A statement that the emergency circumstances are unchanged since the initial adoption or prior readoption; or
   3. (3) An updated finding of emergency required by Government Code section 11346.1(b) to reflect circumstances that have changed since the initial adoption or prior readoption.
3. (c) An agency requesting approval for readoption of an emergency regulation may incorporate by reference the rulemaking record, identified by OAL file number, for the initial adoption and any prior readoption of the emergency regulation.

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 subsection (b) 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 A Certificate of Compliance must be transmitted to OAL by 5-4-2021 or emergency language will be repealed by operation of law on the following day.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 subsection (b) 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 A Certificate of Compliance must be transmitted to OAL by 12-3-2021 or emergency language will be repealed by operation of law on the following day.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 subsection (b) 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 A Certificate of Compliance must be transmitted to OAL by 3-4-2022 or emergency language will be repealed by operation of law on the following day.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 transmitted to OAL 3-4-2022 and filed 4-18-2022 (Register 2022, No. 16).