(a) A person shall be deemed to have expressly indicated a willingness to receive a notice by means of electronic communication, within the meaning of Government Code section 11340.85(b)(3), if:
- (1) The person specifically requested that the agency deliver its notice(s) by means of electronic communication; or
- (2) The person submitted a written comment, via electronic communication, to the agency in connection with any rulemaking action undertaken by the agency and has not previously or otherwise requested that the agency deliver its notice(s) via non-electronic communication; or
- (3) The person, via electronic communication, submits a request to receive notices from the agency and does not request that notices be delivered by non-electronic communication.
- (b) The method of the electronic notice provided by the agency must be the same as the method specified or used by the person described in subsection (a). For example, a comment received by email represents an express willingness to receive notices by email and not a different electronic format.
Note: Authority cited: Sections 11342.4 and 11349.1, Government Code. Reference: Section 11340.85, Government Code.
History
1. New section filed 12-16-2025; operative 1-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 51).