Cal. Code Regs. tit. 1, § 6.5 – Electronic Submission of Regulatory Actions.

(a) For all regulatory actions submitted electronically to OAL for publication in the California Code of Regulations and/or transmittal to the Secretary of State for filing, the agency must include:
1. (1) One electronic file containing the following documents:
  1. (A) One electronic copy of the certified regulation text, including each document incorporated by reference (if any), in .pdf or .docx format and
  2. (B) One electronic Form 400 in .pdf format completed according to section 6, subsections (b) and (c), and electronically signed by the person making the certification referred to in section 6, subsection (b)(8).
    1. 1. For purposes of this regulation, a person may “electronically sign” the Form 400 with:
      1. a. A digital signature, as defined in Government Code section 16.5(d), or
      2. b. An electronic signature, as defined in Civil Code section 1633.2(h).
2. (2) One electronic record containing all documents and information required by law to be submitted to OAL, including, but not limited to, the following:
  1. (A) For regular rulemaking actions, and certificate of compliance actions promulgated in accordance with Government Code section 11346.1(e), the rulemaking file described in Government Code section 11347.3(b).
  2. (B) For emergency actions promulgated in accordance with Government Code section 11346.1, the documentation described in section 50, subsection (b).
  3. (C) For actions subject to Government Code section 11353, the documents and information described in Government Code section 11353(b)(2).
(b) The agency must submit all electronic documents and information described in subsection (a) to OAL by uploading the required documents to the “Submission of Actions” folder in the agency's designated document library of the OAL eSubmissions Portal.
1. (1) Before uploading any documents, agency staff must create a new folder in the “Submission of Actions” folder. The name of the new folder must match the subject of the regulations listed in section B.1a. of the Form 400 and must be different from the names of existing folders. In this folder, agency staff must upload the file required by subsection (a)(1).
2. (2) Within the new folder created pursuant to subsection (b)(1), agency staff must create an additional folder named “Rulemaking Record”. In the folder named “Rulemaking Record,” agency staff must upload the electronic record required by subsection (a)(2).
  1. (A) The documents and information comprising the record may be in any commonly available file format (e.g., .pdf, .docx, .xlsx, .jpg, .png, .mp4). OAL's access to each document or other file in the electronic record may not be restricted via password protection or any other method.
  2. (B) If the record is submitted in multiple files, each file or folder must be named in a manner consistent with its identification in the Table of Contents.
3. (3) Once all required documents are uploaded to the folder referenced in subsection (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 Actions 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.
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 electronic submission.
(c) Except for electronic emergency regulatory actions, OAL will consider electronic regulatory actions 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.
(d) OAL will consider electronic emergency regulatory actions received after 4:00 p.m. on a working day, or at any time on a weekend or holiday, to be submitted, and will post the notice of filing required by Government Code section 11349.6(b) for these actions, on the following working day.
(e) Within one working day of electronic receipt of the regulatory action, OAL will move the documents from the “Submission of Actions” folder and email a time-stamped Form 400 that includes the assigned regulatory action 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. After moving the documents from the “Submission of Actions” folder, OAL will delete the folder created pursuant to paragraph (b)(1) of this section.
(f) After OAL has taken action on the submission, OAL will return the regulatory text and rulemaking record to the agency by uploading the documents to the “Returned Actions” folder of the agency's designated document library of the OAL eSubmissions Portal.
1. (1) OAL will upload the returned submission to a folder with a name matching the subject of the regulations listed in section B.1a. of the Form 400.
2. (2) After uploading the returned submission to the “Returned Actions” folder, OAL will send an email to the email address used to upload the submission indicating the documents are ready to be downloaded by the agency.
3. (3) The agency must download the returned documents within forty-five calendar days of notification by OAL, after which OAL will delete the documents from the “Returned Actions” folder.
(g) OAL will return electronically submitted regulatory actions that must be returned to the agency pursuant to Government Code section 11349.1(d), (f), or (g) to the agency by uploading the regulatory action to the “Rejected Submissions” folder of the agency's designated document library of the OAL eSubmissions Portal.
1. (1) OAL will upload the rejected submission to a folder with a name matching the subject of the regulations listed in section B.1a. of the Form 400.
2. (2) After uploading the rejected submission to the “Rejected Submissions” folder, OAL will send an email to the email address used to upload the submission indicating the rejected submission is ready to be downloaded by the agency.
3. (3) The agency must download the returned rejected submission within forty-five calendar days of notification by OAL, after which OAL will delete the rejected submission from the “Rejected Submissions” folder.

Note: Authority cited: Section 11342.4, Government Code. Reference: Sections 11343, 11343.1, 11343.8, 11346.1, 11347.3, 11349.1 and 11349.6, Government Code.

History

1. New 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.

2. New 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.

3. New 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.

4. Certificate of Compliance as to 12-3-2021 order, including amendment of section, 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).

5. Amendment of subsections (a)(1) and (b)(1)(A) filed 1-12-2024; operative 1-12-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 2).

6. Amendment of section and Note filed 2-4-2026; operative 4-1-2026 (Register 2026, No. 6).