1. (a) An agency may provide notice by means of electronic communication only if:

   1. (1) the person on the agency's distribution list is deemed to have expressly indicated a willingness to receive notice(s) by means of electronic communication pursuant to section 85, subsection (a); and
   2. (2) the agency complies with the requirements of section 85, subsection (b).

2. (b) When providing notice of any APA-related document by electronic communication, an agency shall:

   1. (1) Transmit the complete content of the actual document(s) in the body of the electronic communication; or
   2. (2) Include the actual document(s) as electronic file(s) attached to the electronic communication; or

   3. (3) Provide a hyperlink or URL in the body of the electronic communication that redirects the person:

      1. (A) directly to the actual document(s); or
      2. (B) to an internet web page containing clearly identified hyperlinks that redirect the person directly to the actual document(s) for that rulemaking action.

Note: Authority cited: Sections 11342.4 and 11349.1, Government Code. Reference: Sections 11340.85, 11346.1, 11346.4, 11346.8 and 11347.1, 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).