Cases and Materials on the California Rulemaking Process
Edition: 1
Copyright: 2022
Edition: 1
Copyright: 2022
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This is a casebook about the regulatory process in the State of California, although the state’s APA is based largely on the federal Administrative Procedure Act, (APA), just like those of most of the fifty states. While readers can find quite a few books and resources on the federal regulatory process, few such materials are dedicated to the California process.
This casebook was put together to explore the state’s rulemaking process as this had not been done before in the form of a casebook designed for college and law students. While the fundamentals of the state’s rulemaking process are similar to those at the federal level, and most other states, there certainly are differences and important considerations when involved in the quasi-legislative activities of California’s more than 200 rulemaking bodies.
This casebook is focused on the rulemaking process and does not cover the remainder of the work of administrative agencies, such as their adjudicatory or quasi-judicial activities. In that vein, this casebook discusses the Office of Administrative Law, but not the Office of Administrative Hearings, as the work of OAH does not concern the rulemaking or quasi-legislative work of the state’s administrative agencies.
After discussing introductory aspects of California’s regulatory process, the casebook turns to the component parts of the rulemaking process and the specifics of California law.
About the Author
Preface
Table of Cases
Chapter 1 - Role of Administrative Agencies in State Government
Chapter 2 - California State Agencies
Chapter 3 - Overview of Administrative Agencies
Chapter 4 - Overview of California’s Regulatory Process
Chapter 5 - Understanding California’s Rulemaking Process
Chapter 6 - Delegation of Authority by the Legislature
Plastic Pipe & Fittings Association v. California Building Standards
Clean Air Constituency v. California State Air Resources Board
ACIC v. Jones
Stanford Vina Ranch Irrigation Company v. State of California
Chapter 7 - Delegated Legislative Authority Under the APA
Bearden v. US Borax, Inc.
Slocum v. State Board of Equalization
Paintcare v. Mortensen
Chapter 8 - Limited Mandate to an Administrative Agency
Gerawan Farming v. Agricultural Labor Relations Board
Chapter 9 - California’s Office of Administrative Law
California Coastal Commission v. Office of Administrative Law
Chapter 10 - Outline of California’s APA Statutes
Chapter 11 - The Purposes of the APA
Poet, LLC v. CARB
California Advocates for Nursing Home Reform v. Bonta
Chapter 12 - General Provisions of the APA
Pulaski v. Cal OSHA Standards Board
Chapter 13 - Determining Whether Agency Action Is a Regulation
Ramirez v. Yosemite Water Company
Californians for Pesticide Reform v. California Dept. of Pesticide Regulation
County of Butte v. Emergency Medical Services Agency
Missionary Guadalupanas of Holy Spirit v. Rouillard
State Water Resources Control Board v. OAL
Tidewater Marne Western v. Bradshaw
Chapter 14 - Public Hearings Under the APA
Sims v. Dept. of Corrections & Rehabilitation
Stauffer Chemical Co. v. Air Resources Board
Chapter 15 - Economic Impact Analysis Under the APA
Lawson Rock & Oil v. State Air Resources Board
California Association of Medical Products Supplier v. Maxwell-Jolly
Chapter 16 - What Is the SRIA?
Chapter 17 - Regular v. Emergency Rulemaking in California
Chapter 18 - Emergency Regulations Under the APA
Chapter 19 - Underground Regulations and the APA
Alvarado v. Dart Container Corporation
Bollay v. California Office of Administrative Law
Engelmann v. State Board of Education
Chapter 20 - Summary of OAL’s Six Standards of Review for Proposed Regulations
California Forestry Association v. California Fish & Game
Chapter 21 - Some Insights on the APA Process in California
Chapter 22 - Judicial Review of Regulations Under the APA
ACIC v. Poizner
Teichert v. Cal OSHA
Coastside Fishing Club v. California Fish & Game Commission
California Optometric Association v. Lackner
Chapter 23 - Determining the Validity of Regulations Under the APA
Naturist Action Committee v. California State Dept. of Parks & Recreation
California School Boards Assn. v. State Board of Education
Ford Dealers Association v. Dept. of Motor Vehicles
Chapter 24 - Lawmakers and the Public Can Petition to Repeal or Change Problematic Regulations
Chapter 25 - A Unique Role for the Legislature in the Rulemaking Process
Chapter 26 - Lobbying State Agencies
Chapter 27 - The Legislature Should Not Adopt APA Exemptions
Appendix
Index of Topics
Chris Micheli is a founding partner of the Sacramento governmental relations and advocacy firm of Aprea & Micheli, Inc. As a legislative advocate, Micheli frequently testifies before policy and fiscal committees of the California Legislature, as well as a number of administrative agencies, departments, boards, and commissions. He regularly drafts legislative and regulatory language and is considered a leading authority on state tax law developments, California's knife laws, and the state legislative process. The Wall Street Journal called him "one of the top three business tax lobbyists in the state" and the Los Angeles Times described him as an "elite lobbyist."
Over the last twenty years, he has published hundreds of articles and editorials in professional journals, newspapers, and trade magazines, whose diverse subjects range from tax incentives to transportation funding. He wrote a bi-monthly column on civil justice reform for five years for The Daily Recorder, Sacramento's daily legal newspaper. He has served on the editorial advisory board for CCH's State Income Tax Alert, a nationwide publication, as well as State Income Tax Monitor, another national newsletter, and Sacramento Lawyer, a monthly legal journal.
Micheli has been an attorney of record in several key cases, having argued before the Supreme Court of California (just two years out of law school), as well as the Court of Appeal several times. He has filed more than fifteen amicus curiae briefs in California courts and is admitted to practice law before all of the state and federal courts in the state.
He has published six peer-reviewed law review articles and is the co-editor and co-author of the book “A Practitioner’s Guide to Lobbying and Advocacy in California,” as well as the author of “Understanding the California Legislative Process,” both published in 2020 by Kendall-Hunt Publishing Company. His most recently-published books released in 2021 are “Introduction to California Government” and “An Introduction to Legislative Drafting in California.” He is also the co-author of “Guide to Executive Branch Agency Rulemaking.” He also published two law school casebooks entitled “The California Legislature and Its Legislative Process – Cases and Materials” and “Cases and Materials on Direct Democracy in California.”
He is a graduate of the University of California, Davis with a B.A. in Political Science – Public Service and the University of the Pacific, McGeorge School of Law with a J.D. degree. He currently serves as an Adjunct Professor of Law at McGeorge where he co-teaches the course Lawmaking in California, as well as a Lecturer in Law at the University of California, Davis, King Hall School of Law where he co-teaches the course Legislative Drafting. He resides in Sacramento, California with his wife, Liza, two daughters, Morgan and Francesca, and son, Vincenzo.
Understanding California’s complex regulatory process is as important as it is complicated. Cases and Materials on the California Rulemaking Process is a fantastic resource for any level practitioner looking to successfully navigate California’s rulemaking process.
Adam J. Regale, Senior Policy Advocate
California Chamber of Commerce
Cases and Materials on the California Rulemaking Process is an essential tool to help break down California’s robust, complicated regulatory process. A must have for anyone new to rulemaking in the Golden State.
Ashley Hoffman, Lobbyist
California’s regulatory process is the fundamental way that legislative intent is further clarified and expressed via regulation. How that is accomplished is, in general, spelled out in the California Administrative Procedures Act. Cases and Materials on the California Rulemaking Process provides an excellent tutorial and should be viewed as a must read by both those promulgating regulations as well as those attempting to interpret them.
Winston H Hickox, former CalEPA Secretary
California Strategies Consultant/Lobbyist
This is a casebook about the regulatory process in the State of California, although the state’s APA is based largely on the federal Administrative Procedure Act, (APA), just like those of most of the fifty states. While readers can find quite a few books and resources on the federal regulatory process, few such materials are dedicated to the California process.
This casebook was put together to explore the state’s rulemaking process as this had not been done before in the form of a casebook designed for college and law students. While the fundamentals of the state’s rulemaking process are similar to those at the federal level, and most other states, there certainly are differences and important considerations when involved in the quasi-legislative activities of California’s more than 200 rulemaking bodies.
This casebook is focused on the rulemaking process and does not cover the remainder of the work of administrative agencies, such as their adjudicatory or quasi-judicial activities. In that vein, this casebook discusses the Office of Administrative Law, but not the Office of Administrative Hearings, as the work of OAH does not concern the rulemaking or quasi-legislative work of the state’s administrative agencies.
After discussing introductory aspects of California’s regulatory process, the casebook turns to the component parts of the rulemaking process and the specifics of California law.
About the Author
Preface
Table of Cases
Chapter 1 - Role of Administrative Agencies in State Government
Chapter 2 - California State Agencies
Chapter 3 - Overview of Administrative Agencies
Chapter 4 - Overview of California’s Regulatory Process
Chapter 5 - Understanding California’s Rulemaking Process
Chapter 6 - Delegation of Authority by the Legislature
Plastic Pipe & Fittings Association v. California Building Standards
Clean Air Constituency v. California State Air Resources Board
ACIC v. Jones
Stanford Vina Ranch Irrigation Company v. State of California
Chapter 7 - Delegated Legislative Authority Under the APA
Bearden v. US Borax, Inc.
Slocum v. State Board of Equalization
Paintcare v. Mortensen
Chapter 8 - Limited Mandate to an Administrative Agency
Gerawan Farming v. Agricultural Labor Relations Board
Chapter 9 - California’s Office of Administrative Law
California Coastal Commission v. Office of Administrative Law
Chapter 10 - Outline of California’s APA Statutes
Chapter 11 - The Purposes of the APA
Poet, LLC v. CARB
California Advocates for Nursing Home Reform v. Bonta
Chapter 12 - General Provisions of the APA
Pulaski v. Cal OSHA Standards Board
Chapter 13 - Determining Whether Agency Action Is a Regulation
Ramirez v. Yosemite Water Company
Californians for Pesticide Reform v. California Dept. of Pesticide Regulation
County of Butte v. Emergency Medical Services Agency
Missionary Guadalupanas of Holy Spirit v. Rouillard
State Water Resources Control Board v. OAL
Tidewater Marne Western v. Bradshaw
Chapter 14 - Public Hearings Under the APA
Sims v. Dept. of Corrections & Rehabilitation
Stauffer Chemical Co. v. Air Resources Board
Chapter 15 - Economic Impact Analysis Under the APA
Lawson Rock & Oil v. State Air Resources Board
California Association of Medical Products Supplier v. Maxwell-Jolly
Chapter 16 - What Is the SRIA?
Chapter 17 - Regular v. Emergency Rulemaking in California
Chapter 18 - Emergency Regulations Under the APA
Chapter 19 - Underground Regulations and the APA
Alvarado v. Dart Container Corporation
Bollay v. California Office of Administrative Law
Engelmann v. State Board of Education
Chapter 20 - Summary of OAL’s Six Standards of Review for Proposed Regulations
California Forestry Association v. California Fish & Game
Chapter 21 - Some Insights on the APA Process in California
Chapter 22 - Judicial Review of Regulations Under the APA
ACIC v. Poizner
Teichert v. Cal OSHA
Coastside Fishing Club v. California Fish & Game Commission
California Optometric Association v. Lackner
Chapter 23 - Determining the Validity of Regulations Under the APA
Naturist Action Committee v. California State Dept. of Parks & Recreation
California School Boards Assn. v. State Board of Education
Ford Dealers Association v. Dept. of Motor Vehicles
Chapter 24 - Lawmakers and the Public Can Petition to Repeal or Change Problematic Regulations
Chapter 25 - A Unique Role for the Legislature in the Rulemaking Process
Chapter 26 - Lobbying State Agencies
Chapter 27 - The Legislature Should Not Adopt APA Exemptions
Appendix
Index of Topics
Chris Micheli is a founding partner of the Sacramento governmental relations and advocacy firm of Aprea & Micheli, Inc. As a legislative advocate, Micheli frequently testifies before policy and fiscal committees of the California Legislature, as well as a number of administrative agencies, departments, boards, and commissions. He regularly drafts legislative and regulatory language and is considered a leading authority on state tax law developments, California's knife laws, and the state legislative process. The Wall Street Journal called him "one of the top three business tax lobbyists in the state" and the Los Angeles Times described him as an "elite lobbyist."
Over the last twenty years, he has published hundreds of articles and editorials in professional journals, newspapers, and trade magazines, whose diverse subjects range from tax incentives to transportation funding. He wrote a bi-monthly column on civil justice reform for five years for The Daily Recorder, Sacramento's daily legal newspaper. He has served on the editorial advisory board for CCH's State Income Tax Alert, a nationwide publication, as well as State Income Tax Monitor, another national newsletter, and Sacramento Lawyer, a monthly legal journal.
Micheli has been an attorney of record in several key cases, having argued before the Supreme Court of California (just two years out of law school), as well as the Court of Appeal several times. He has filed more than fifteen amicus curiae briefs in California courts and is admitted to practice law before all of the state and federal courts in the state.
He has published six peer-reviewed law review articles and is the co-editor and co-author of the book “A Practitioner’s Guide to Lobbying and Advocacy in California,” as well as the author of “Understanding the California Legislative Process,” both published in 2020 by Kendall-Hunt Publishing Company. His most recently-published books released in 2021 are “Introduction to California Government” and “An Introduction to Legislative Drafting in California.” He is also the co-author of “Guide to Executive Branch Agency Rulemaking.” He also published two law school casebooks entitled “The California Legislature and Its Legislative Process – Cases and Materials” and “Cases and Materials on Direct Democracy in California.”
He is a graduate of the University of California, Davis with a B.A. in Political Science – Public Service and the University of the Pacific, McGeorge School of Law with a J.D. degree. He currently serves as an Adjunct Professor of Law at McGeorge where he co-teaches the course Lawmaking in California, as well as a Lecturer in Law at the University of California, Davis, King Hall School of Law where he co-teaches the course Legislative Drafting. He resides in Sacramento, California with his wife, Liza, two daughters, Morgan and Francesca, and son, Vincenzo.
Understanding California’s complex regulatory process is as important as it is complicated. Cases and Materials on the California Rulemaking Process is a fantastic resource for any level practitioner looking to successfully navigate California’s rulemaking process.
Adam J. Regale, Senior Policy Advocate
California Chamber of Commerce
Cases and Materials on the California Rulemaking Process is an essential tool to help break down California’s robust, complicated regulatory process. A must have for anyone new to rulemaking in the Golden State.
Ashley Hoffman, Lobbyist
California’s regulatory process is the fundamental way that legislative intent is further clarified and expressed via regulation. How that is accomplished is, in general, spelled out in the California Administrative Procedures Act. Cases and Materials on the California Rulemaking Process provides an excellent tutorial and should be viewed as a must read by both those promulgating regulations as well as those attempting to interpret them.
Winston H Hickox, former CalEPA Secretary
California Strategies Consultant/Lobbyist