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11347.3. Â
(a) Every agency shall maintain a file of each rulemaking that shall be deemed to be the record for that rulemaking proceeding. Commencing no later than the date that the notice of the proposed action is published in the California Regulatory Notice Register, and during all subsequent periods of time that the file is in the agency’s possession, the agency shall make the file available to the public for inspection and copying during regular business hours.
(b)Â The rulemaking file shall include:
(1)Â Copies of any petitions received from interested persons proposing the adoption, amendment, or repeal of the regulation,
and a copy of any decision provided for by subdivision (d) of Section 11340.7, which grants a petition in whole or in part.(2)Â All published notices of proposed adoption, amendment, or repeal of the regulation, and an updated informative digest, the initial statement of reasons, and the final statement of reasons.
(3)Â The determination, together with the supporting data required by paragraph (5) of subdivision (a) of Section 11346.5.
(4)Â The determination, together with the supporting data required by paragraph (8) of subdivision (a) of Section 11346.5.
(5)Â The estimate, together with the supporting data and calculations, required by paragraph (6) of subdivision (a) of Section 11346.5.
(6)Â All data and other factual information, any studies or reports, and written comments submitted to the agency in connection with the adoption, amendment, or repeal of the regulation.
(7)Â All data and other factual information, technical, theoretical, and empirical studies or reports, if any, on which the agency is relying in the adoption, amendment, or repeal of a regulation, including any economic impact assessment or standardized regulatory impact analysis as required by Section 11346.3.
(8)Â A transcript, recording, or minutes of any public hearing connected with the adoption, amendment, or repeal of the regulation.
(9)Â The date on which the agency made the full text of the proposed regulation available to the public for 15 days prior to the adoption, amendment, or repeal of the regulation, if
required to do so by subdivision (c) of Section 11346.8.(10)Â The text of regulations as originally proposed and the modified text of regulations, if any, that were made available to the public prior to adoption.
(11)Â Any other information, statement, report, or data that the agency is required by law to consider or prepare in connection with the adoption, amendment, or repeal of a regulation.
(12)Â An index or table of contents that identifies each item contained in the rulemaking file. The index or table of contents shall include an affidavit or a declaration under penalty of perjury in the form specified by Section 2015.5 of the Code of Civil Procedure by the agency official who has compiled the rulemaking file, specifying the date upon which the record was closed, and that the file or the copy, if submitted, is
complete.(c)Â Every agency shall submit to the office with the adopted regulation, the rulemaking file or a complete copy of the rulemaking file.
(d)Â The rulemaking file shall be made available by the agency to the public, and to the courts in connection with the review of the regulation.
(e)Â Upon filing a regulation with the Secretary of State pursuant to Section 11349.3, the office shall return the related rulemaking file to the agency, after which no item contained in the file shall be removed, altered, or destroyed or otherwise disposed of. The agency shall maintain the file unless it elects to transmit the file to the State Archives pursuant to subdivision (f).
(f)Â The agency may transmit the rulemaking file to the State Archives. The file shall
include instructions that the Secretary of State shall not remove, alter, or destroy or otherwise dispose of any item contained in the file. Pursuant to Section 12223.5, the Secretary of State may designate a time for the delivery of the rulemaking file to the State Archives in consideration of document processing or storage limitations.
Section 11347.3, in turn, requires every agency to maintain a file of each rulemaking, and specifies its required contents in twelve listed categories. (Gov. Code sec. 11347.3(b)(1)-(12).) Plaintiffs do not mention section 11347.3 in their moving or reply papers, and make no attempt to show that the documents they seek to add to the administrative record fall within any of the required statutory categories.
WESTERN GROWERS ASSOCIATION ET AL VS. CALIFORNIA OCCUPATIONAL SAFETY ET AL
CPF21517344
Feb 11, 2021
San Francisco County, CA
Instead, it begs the questionwhat is the rulemaking file under Government Code section 11347.3? The parties have relied upon a single administrative record in this matter. Certainly, it cannot be CARBs position the parties and court will parse the administrative record and arguments to determine which parts of the administrative record may be used for each argument raised by Petitioner for trial. [3] Petitioners motion is granted as to the comment letter.
WESTERN STATES PETROLEUM ASSOCIATION VS CALIFORNIA AIR RESOURCES BOARD, ET AL.
20STCP03138
May 13, 2022
Los Angeles County, CA
Page 28 of 33 rulemaking file contains information reflecting ELTAC’s consideration of alternatives to the 2016 TNI Standard, reliance on Section 11347.3(b)(6) is misplaced. The Coalition’s reliance on Section 11347.3, subd. (b)(7) is a bit puzzling as well.
COALITION OF ACCREDITED LABORATORIES VS. STATE WATER RESOURCES CONTROL BOARD
2020-80003543
Aug 20, 2021
Sacramento County, CA
(AR 66786-66845) As such, Petitioner cannot show a violation of Government Code section 11347.3, which requires only that a rulemaking file be available to the public for inspection and copying. (Gov. Code, § 11347.3, subd. (a).) Although Petitioner contends [t]he law required CARB to have disclosed the CE-CERT Report immediately upon receipt, regardless of whether its results supported the Regulation or not (Reply 10:27-28), Petitioner reads additional duties into Government Code section 11347.3.
WESTERN STATES PETROLEUM ASSOCIATION VS CALIFORNIA AIR RESOURCES BOARD, ET AL.
20STCP03138
Jan 11, 2023
Los Angeles County, CA
Jan 11, 2007
Appealed
San Francisco County
San Francisco County, CA
OTHER NON EXEMPT COMPLAINTS (for legal and equitable relief)
oe San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Jul-25-2007 12:04 pm Case Number: CGC-07-459514 Filing Date: Jul-25-2007 12:03 Juke Box: 001 Image: 01835189 ORDER COUNTY OF SA\ Instructions: Please place this sheet on to} N MATEO VS. STATE BOARD OF EQUALIZATION et al 001001835189 p of the document to be scanned.o a a Doe ea aa oD wm ND UH Re YW ee! Oo JUN-28-2827 11:39 4157035589 DOI A wea wD vw SUN £97 URW LE. 20 AM ALLURE UDNERAL Pas …
Jan 11, 2007
San Francisco County, CA
Jul 25, 2007
OTHER NON EXEMPT COMPLAINTS (for legal and equitable relief)
WANGER JONES HELSLEY PC E-FILED 265 East River Park Circle, Suite 310 1/14/2022 9:12 AM Fresno, California 93720 Superior Court of California Telephone: (559) 233-4800 County of Fresno Facsimile: (559) 233—9330 …
WANGER JONES HELSLEY PC 265 East River Park Circle, Suite 310 Fresno, California 93720 E-Fl Telephone: (559) 233-4800 1/13/2022 5:19 PM Facsimile: (559) 233-9330 Su Court of California County of Fresno John P. Kinsey #215916 By: Astrid Herrera, Deputy jkinsey…
1 JARHETT P. BLONIEN, # 266913 DANIELLE M. GUARD, #173505 2 J. BLONIEN FILED/ENDORSED A Professional Law Corporation 3 1121 LStreet, Suite 105 MAY 2 4 2019 Sacramento, (California 95814 …
Feb 22, 2019
Sacramento County, CA
May 24, 2019
Unlimited Civil
1 JARHETT P. BLONIEN, # 266913 DANIELLE M. GUARD, #173505 2 J. BLONIEN FILED/ENDORSED A Professional Law Corporation 3 1121 LStreet, Suite 105 MAY 2 4 2019 Sacramento, (California 95814 …
Feb 22, 2019
Sacramento County, CA
May 24, 2019
Writ of Mandate
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