Chapter 1 – General Administration

12010.5 Petitions from the Public Regarding Regulations

• There are two types of petitions in the Administrative Procedure Act:

  • Petition for Rulemaking GCGovernment Code Sections 11340.6 and 11340.7 permit a member of the public to submit a petition directly to the Department requesting the adoption, amendment, or repeal of regulations. The Department must formally respond to the petitioner within 30 days and the Department’s response is published in the California Regulatory Notice Register.

  • Petition Alleging an Underground Regulation GCGovernment Code Section 11340.5(b) permits a member of the public to submit a petition to OALOffice of Administrative Law alleging that a Department policy is an underground regulation and must be promulgated in accordance with the APAAdministrative Procedure Act. OALOffice of Administrative Law conducts a review and makes a determination in accordance with CCRCalifornia Code of Regulations, Title 1, Division 1, Chapter 2, Section 270.