McGeorge Adjunct Professor Chris Micheli

On March 30, Governor Gavin Newsom issued Executive Order N‑40‑20. This executive order (EO) is intended to provide regulatory relief to California’s small businesses. This particular executive order has a number of provisions. For one, it extends the Office of Administrative Law’s, the OAL, deadlines to review certain regulations.

Specifically, the governor’s executive order provides that the deadlines that are specified in Government Code sections and the accompanying regulations related to the filing, refiling, certification, and/or the review of the regulations and emergency regulations are extended for a period of 60 calendar days.

Which provisions and Code Sections are being extended?

  • Government Code Section 11346.4(b) – requires the rulemaking process to conclude within one year from the date of commencement or else the rulemaking entity is required to recommence the entire rulemaking process.
  • Government Code Section 11346.1(h) – allows two additional 90-day periods for an emergency regulation to be in effect in addition to the 180‑day initial time period. The governor’s executive order adds another 60 days on to that.
  • Government Code Section 11349.4(a) – requires a rulemaking entity to resubmit within 120 days any revised regulation if the OAL disapproved the proposed rulemaking. Now, they’ll have 180 days to resubmit their disapproved regulation.
  • Government Code Section 11349.3(a) – requires the Office of Administrative Law to review, using the six statutory standards, any proposed rulemaking filed for a maximum of 30 working days. OAL has to either approve or disapprove the proposed regulation. This is extended by 60 days, for a total of 90 days.
  • California Code of Regulation Section 100 subdivision (c) – allows a rulemaking entity to make minor, non‑substantive changes to a regulation without following the formal rulemaking process. Again, this is currently 30 days by regulation. The EO grants them another 60 days.

You can find the full transcript of today’s podcast here.

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