1. (a) When a regulation adopted as an emergency is submitted to OAL with the certificate of compliance and the rulemaking file, and the rulemaking file documents that the agency has complied with Government Code sections 11346.2 through 11346.9, OAL shall:

   1. (1) review the emergency statement within ten days and not file the regulation if OAL determines that the statement fails to satisfy the requirements of Government Code section 11346.1(b); and
   2. (2) review the emergency regulation and rulemaking file within 30 days and order repeal of the regulation if OAL determines that the regulation fails to meet the standards set forth in section 11349.1 of the Government Code or if OAL determines that the regulation fails to comply with the APA.

Note: Authority cited: Sections 11342.4 and 11349.1(c), Government Code. Reference: Sections 11346.1 and 11349.6, 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 designating the first sentence of text as subsection (a) and adding “(c)” to “11349.1” 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 amending sections filed 7-25-90 pursuant to section 100, title 1, California Code of Regulations; operative 7-25-90 (Register 90, No. 38).

5. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations, substituting “11346.2” for “11346.4” and “11346.9” for “11346.8” in subsection (a). Filed 1-3-95; operative upon filing (Register 95, No. 1).