Chapter 1 – General Administration

12010.6.9 Modifications to Proposed Regulations

• A modification to proposed regulations is considered to be “sufficiently related” if the modification is reasonably foreseeable based upon the proposed regulations that were included in the Notice. Sufficiently related modifications require a Notice of Change to Text as Originally Proposed (15-Day Renotice) and an accompanying 15-day public comment period.

• If a 15-Day Renotice is necessary, the following shall be provided by the Program Project Manager:

  • Modifications to the proposed regulations that are clearly specified and shown in strikethrough and underline format.

  • The reasons that the modifications have been made.

• The RPMBRegulation and Policy Management Branch Project Manager shall prepare the 15-Day Renotice cover letter.

• The RPMBRegulation and Policy Management Branch Project Manager shall ensure the publication and posting of the 15-Day Renotice on the Department’s websites and shall send printed copies of the 15-Day Renotice to all persons who submitted a comment during the 45-day comment period, in accordance with the APAAdministrative Procedure Act. Any interested persons may submit comments specifically regarding the modifications for consideration.

• If modifications are made to emergency regulations, the modifications are not in emergency effect and will only become effective once OALOffice of Administrative Law files the final regulations with the Secretary of State.

• A public hearing is not required for a 15-Day Renotice.

• If no further modifications are necessary following the 15-day public comment period, the RPMBRegulation and Policy Management Branch Project Manager will prepare the final executive approval folder. If further modifications are necessary, a second 15-Day Renotice is required.