Chapter 1 – General Administration

12010.6 Regulation Revisions and Emergency Regulation Requests

• Regulation revisions are the responsibility of the Director, Assistant Secretary, Deputy Director, or other executive whose functional area administers the specific regulation. 

• Pursuant to Penal Code (PCPenal Code) section 5058.3, department may implement emergency regulations when the operational necessity is certified by the department’s rulemaking authority. While the emergency regulations are in effect, the department is required to complete the rulemaking process, including the public comment period. 

  • The purpose of emergency regulations is to implement regulations prior to the commencement of the public comment period. Emergency regulations are effective for 160 days, which permits the department to complete the rulemaking process, including the public comment period and hearing process. 

  • An emergency rulemaking project should only be requested when current circumstances justify its use.