Chapter 1 – General Administration

14010.16 Policy Changes Because of Litigation

• The Secretary establishes departmental regulations and policy. No changes to department regulations will be allowed without the consent of the Secretary or members of the Secretary’s staff who have been delegated rulemaking authority by the Secretary to establish or modify regulations.

• The approval of the General Counsel, OLAOffice of Legal Affairs, or their delegate is required for any regulation, policy, or procedural change based upon a court decision. consultation with the department’s OLAOffice of Legal Affairs, appropriate division heads, and the Secretary is required before any regulatory, operational, or policy changes are made in response to the instructions or advice of:

  • The AGAttorney General’s Office.

  • A DA’s office.

  • Any other attorney representing the Department or its employees.

• Note: Further information is contained in DOMDepartment Operations Manual 12010, Regulation and Policy Directives.

• The litigation coordinator shall notify the AGAttorney General’s Office and OLAOffice of Legal Affairs if a specific case involves broad policy implications for the Department. When a question arises as to which unit (the OLAOffice of Legal Affairs or the AGAttorney General’s Office) shall have primary responsibility for handling a case, the inquiry shall be directed to the OLAOffice of Legal Affairs who shall make the determination.