1. (a) The following definitions shall apply to the regulations contained in this chapter:

   1. (1) “Underground regulation” means any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, including a rule governing a state agency procedure, that is a regulation as defined in Section 11342.600 of the Government Code, but has not been adopted as a regulation and filed with the Secretary of State pursuant to the APA and is not subject to an express statutory exemption from adoption pursuant to the APA.
   2. (2) “APA” and “OAL” have the same definitions as in Section 1.
   3. (3) “Petitioner” means any person, group, business, association, or other entity who submits a petition to OAL pursuant to section 260 alleging that a state agency has issued, used, enforced, or attempted to enforce an underground regulation in violation of section 11340.5 of the Government Code.
   4. (4) “Challenged agency” means the state agency a petitioner alleges has issued, used, enforced, or attempted to enforce an underground regulation.
   5. (5) “Challenged Rule” means the regulation or rule (as defined by Government Code, section 11342.600) alleged by the petitioner to be an underground regulation.

Note: Authority cited: Section 11342.4, Government Code. Reference: Sections 11000 and 11340.5, Government Code.

History

1. New chapter 2 (sections 250-280) and section filed 3-27-2006; operative 3-27-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 13).

2. Amendment of section and Note filed 10-31-2022; operative 1-1-2023 (Register 2022, No. 44). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.