The Office of Administrative Law OAL the Administrative

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The Office of Administrative Law (OAL) & the Administrative Procedures Act (APA) 1

The Office of Administrative Law (OAL) & the Administrative Procedures Act (APA) 1

What is OAL? Ø The Office of Administrative Law (OAL) ensures that agency regulations

What is OAL? Ø The Office of Administrative Law (OAL) ensures that agency regulations are clear, necessary, legally valid, and available to the public. Ø OAL is responsible for: l l l Reviewing administrative regulations proposed by state agencies for compliance with the standards set forth in APA Transmitting these regulations to the Secretary of State Publishing regulations in the California Code of Regulations. 2

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APA and Basin Planning Ø Special Procedures for Waterboards Plans and Policies (Gov’t. Code

APA and Basin Planning Ø Special Procedures for Waterboards Plans and Policies (Gov’t. Code § 11353) Ø Any policy, plan, or guideline, or any revision must be submitted to OAL 4

Administrative Procedures Act (cont. ) Ø Submittals must include: Ø Clear, Concise Summary of

Administrative Procedures Act (cont. ) Ø Submittals must include: Ø Clear, Concise Summary of Regulatory Provisions Ø Administrative Record Ø Summary of Necessity Ø OCC Certification Ø Form 400 5

Administrative Procedures Act (cont. ) Ø Limited OAL Review Ø Necessity Ø Authority Ø

Administrative Procedures Act (cont. ) Ø Limited OAL Review Ø Necessity Ø Authority Ø Clarity, Ø Consistency Ø Reference Ø Nonduplication Ø Compliance with Federal Public Participation Requirements 6

Administrative Procedures Act (cont. ) Ø Effective Dates under California Law: l OAL Approval

Administrative Procedures Act (cont. ) Ø Effective Dates under California Law: l OAL Approval l Payment of Fish and Game Fee l No Effect Determination 7

OAL Decisions and Timeframe Ø 30 Working Days (about six weeks) Ø Approve Ø

OAL Decisions and Timeframe Ø 30 Working Days (about six weeks) Ø Approve Ø Disapprove l Withdraw 8