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GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW
California Regulatory Notice Register
REGISTER 2021, NUMBER 28-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JULY 9, 2021
PROPOSED ACTION ON REGULATIONS
TITLE 2. FAIR POLITICAL PRACTICES COMMISSION
Conflict–of–Interest Code — Notice File Number Z2021–0629–04 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 873
AMENDMENT
Multi–County: Yolo Subbasin Groundwater Agency
Central California Irrigation District
ADOPTION
Multi–County: Schools Program Alliance
Clayton Water District
TITLE 2. LEGISLATIVE COUNSEL BUREAU
Conflict–of–Interest Code — Notice File Number Z2021–0624–01 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 874
TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING
Testing and Notification Requirements for Basic Course Presenters,
Amend Commission Regulations 1005, 1007, and 1008; and
Commission Procedure D–1 N — Notice File Number Z2021–0629–05 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 875
TITLE 11. DEPARTMENT OF JUSTICE
Racial and Identify Profiling Regulations — Notice File Number Z2021–0628–01. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 877
TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION
Gassing and Restricted Housing — Notice File Number Z2021–0629–01 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 882
TITLE 16. ARCHITECTS BOARD/LANDSCAPE ARCHITECTS TECHNICAL COMMITTEE
Requirements for An Approved Extension Certificate
Program — Notice File Number Z2021–0625–01 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 885
(Continued on next page)
Time-
Dated
MaterialGENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Selected Remedy at the Casmalia Superfund Site, Santa Barbara County, Consistency Determination Number 2080–2021–005–05. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 888 DEPARTMENT OF FISH AND WILDLIFE State Route 162 Butte City Bridge Replacement Project, Glenn County, Consistency Determination Number 2080–2021–007–02 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 895 DEPARTMENT OF TOXIC SUBSTANCES CONTROL Variance for Hazardous Treated Wood Waste Week of April 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 900 DEPARTMENT OF TOXIC SUBSTANCES CONTROL Variance for Hazardous Treated Wood Waste Week of May 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 901 DEPARTMENT OF TOXIC SUBSTANCES CONTROL Variance for Hazardous Treated Wood Waste Week of May 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 902 SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 903 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov.
CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 28-Z
The Executive Director of the Commission, upon
PROPOSED ACTION ON his or its own motion or at the request of any interested
person, will approve, or revise and approve, or return
REGULATIONS the proposed code(s) to the agency for revision and re–
submission within 60 days without further notice.
Any interested person may present statements, ar-
Information contained in this document is guments or comments, in writing to the Executive
published as received from agencies and is Director of the Commission, relative to review of the
proposed conflict–of–interest code(s). Any written
not edited by Thomson Reuters. comments must be received no later than August 23,
2021. If a public hearing is to be held, oral comments
TITLE 2. FAIR POLITICAL may be presented to the Commission at the hearing.
PRACTICES COMMISSION
COST TO LOCAL AGENCIES
NOTICE IS HEREBY GIVEN that the Fair Political
Practices Commission, pursuant to the authority There shall be no reimbursement for any new or
vested in it by Sections 82011, 87303, and 87304 of increased costs to local government which may re-
the Government Code to review proposed conflict– sult from compliance with these codes because these
of–interest codes, will review the proposed/amended are not new programs mandated on local agencies by
conflict–of–interest codes of the following: the codes since the requirements described herein
were mandated by the Political Reform Act of 1974.
CONFLICT–OF–INTEREST CODES Therefore, they are not “costs mandated by the state”
as defined in Government Code Section 17514.
AMENDMENT
EFFECT ON HOUSING
Multi–County: Yolo Subbasin Groundwater Agency COSTS AND BUSINESSES
Central California Irrigation District
Compliance with the codes has no potential effect
on housing costs or on private persons, businesses or
ADOPTION
small businesses.
Multi–County: Schools Program Alliance AUTHORITY
Clayton Water District
A written comment period has been established Government Code Sections 82011, 87303 and 87304
commencing on July 9, 2021 and closing on August provide that the Fair Political Practices Commission
23, 2021. Written comments should be directed to the as the code–reviewing body for the above conflict–of–
Fair Political Practices Commission, Attention Daniel interest codes shall approve codes as submitted, revise
Vo, 1102 Q Street, Suite 3000, Sacramento, California the proposed code and approve it as revised, or return
95811. the proposed code for revision and re–submission.
At the end of the 45–day comment period, the pro-
posed conflict–of–interest code(s) will be submitted to REFERENCE
the Commission’s Executive Director for his review,
unless any interested person or his or her duly autho- Government Code Sections 87300 and 87306 pro-
rized representative requests, no later than 15 days pri- vide that agencies shall adopt and promulgate conflict–
or to the close of the written comment period, a public of–interest codes pursuant to the Political Reform Act
hearing before the full Commission. If a public hear- and amend their codes when change is necessitated by
ing is requested, the proposed code(s) will be submit- changed circumstances.
ted to the Commission for review.
The Executive Director of the Commission will CONTACT
review the above–referenced conflict–of–interest
code(s), proposed pursuant to Government Code Any inquiries concerning the proposed conflict–
Section 87300, which designate, pursuant to of–interest code(s) should be made to Daniel Vo, Fair
Government Code Section 87302, employees who Political Practices Commission, 1102 Q Street, Suite
must disclose certain investments, interests in real 3000, Sacramento, California 95811, telephone (916)
property and income. 322–5660.
873CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 28-Z
AVAILABILITY OF PROPOSED Operations Manager to Business Services
CONFLICT–OF–INTEREST CODES Operations Manager.
● Renaming of the designated position Staff
Copies of the proposed conflict–of–interest codes Services Analyst — General Procurement and
may be obtained from the Commission offices or Contract Officer to General Procurement and
the respective agency. Requests for copies from Contract Officer.
the Commission should be made to Daniel Vo, Fair
Political Practices Commission, 1102 Q Street, Suite ● Designation of the position General Procurement
3000, Sacramento, California 95811, telephone (916) and Contract Manager.
322–5660. ● Renaming of the designated position Training
Officer II to Training Officer — Professional
Development Office.
TITLE 2. LEGISLATIVE COUNSEL Legislative Data Center
BUREAU ● Renaming of the designated position Chief
Deputy, Legislative Data Center — Enterprise
NOTICE OF INTENTION TO AMEND THE Technology Branch to Chief Deputy Director,
CONFLICT–OF–INTEREST CODE OF THE CEA (Level C).
LEGISLATIVE COUNSEL BUREAU ● Removal of the position Chief Deputy, Legislative
Data Center — Customer Service Branch.
NOTICE IS HEREBY GIVEN that the Legislative
● Renaming of the designated position All Deputy
Counsel Bureau, pursuant to the authority vested in it
Directors, CEA II to Legislative Data Center,
by section 87306 of the Government Code, proposes
CEA (Levels A and B).
amendment to its conflict–of–interest code. A com-
ment period has been established commencing on July ● Renaming of the designated position All
9, 2021, and closing on August 23, 2021. All inquiries Data Processing Managers IV to Information
should be directed to the contact listed below. Technology Manager (All levels).
The Legislative Counsel Bureau proposes to amend ● Removal of the designated position All
its conflict–of–interest code to include employee po- Information Systems Managers.
sitions that involve the making or participation in the ● Renaming of the designated position All
making of decisions that may foreseeably have a ma- Information Systems Supervisors I–IV to
terial effect on any financial interest, as set forth in Information Technology Supervisor (All levels).
subdivision (a) of section 87302 of the Government
Code. The amendment carries out the purposes of the ● Renaming of the designated position All
law and no other alternative would do so and be less Information Technology Contracts and
burdensome to affected persons. Procurement Specialists to Information
Changes to the conflict–of–interest code include the Technology Contracts and Procurement Specialist
following: (All levels).
Appendix A ● Removal of the designated position All
Legal Branch Information Technology Specialists I —
● Renaming of the designated position Principal Contracts and Procurement Unit.
Deputy Legislative Counsel II as Principal Appendix B
Deputy Legislative Counsel (All levels). ● Various nonsubstantive changes to disclosure
● Removal of the designated position Principal categories 1 through 5.
Deputy Legislative Counsel I. ● Addition of disclosure category 6 for the
● Removal of the designated position Support designated position Director of the Workplace
Services Manager — Legal Office Administrator Conduct Unit.
I. Appendix C
Workplace Conduct Unit ● Amendment to the language in the introductory
● Designation of the position Director to the newly paragraph describing designated attorney
added Workplace Conduct Unit. classifications working within the defined scopes
Administrative Branch of practice.
● Removal of the designated position Staff Services Scopes of Practice A, B, C & D
Manager III — Deputy Administrative Officer. ● Addition of language to each scope of practice to
● Renaming of the designated position Staff define the attorneys included within that scope of
Services Manager I — Business Services practice.
874CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 28-Z
● Removal of attorney names from all scopes of TITLE 11. COMMISSION ON PEACE
practice. OFFICER STANDARDS AND TRAINING
Scope of Practice E
● Addition of language to define the attorneys TESTING AND NOTIFICATION
included within the scope of practice. REQUIREMENTS FOR BASIC
● Removal of the subject area of Attorney Training COURSE PRESENTERS
and replacement with the subject area of formal AMEND COMMISSION REGULATIONS
legal opinions in any of the subject areas in 1005, 1007, AND 1008; AND COMMISSION
Scopes of Practice A to D, inclusive. PROCEDURE D–1
● Removal of attorney names from scope of
practice. Notice is hereby given that the Commission
Scope of Practice F on Peace Officer Standards and Training (POST)
proposes to amend regulations in Division 2 of
● Removal of Scope of Practice F. Title 11 of the California Code of Regulations as
The proposed amendment and explanation of the described below in the Informative Digest. A public
reasons can be obtained from the agency’s contact. hearing is not scheduled. Pursuant to Government
Any interested person may submit written com- Code section 11346.8, any interested person, or his/
ments relating to the proposed amendment by submit- her duly authorized representative, may request a
ting them no later than August 23, 2021, or at the con- public hearing. POST must receive the written request
clusion of the public hearing, if requested, whichever no later than 15 days prior to the close of the public
comes later. At this time, no public hearing is sched- comment period.
uled. A person may request a hearing no later than
August 8, 2021. PUBLIC COMMENTS
The Legislative Counsel Bureau has determined DUE BY AUGUST 23, 2021
that the proposed amendments:
1. Impose no mandate on local agencies or Notice is also given that any interested person,
school districts. or authorized representative, may submit written
comments relevant to the proposed regulatory action
2. Impose no costs or savings on any state by fax at (916) 227–4547, by email to Anita Finner at
agency. anita.finner@post.ca.gov, or by letter to:
3. Impose no costs on any local agency or school
district that are required to be reimbursed Commission on POST
under Part 7 (commencing with Section 17500) Attention: Rulemaking
of Division 4 of Title 2 of the Government 860 Stillwater Road, Suite 100
Code. West Sacramento, CA 95605–1630
4. Will not result in any nondiscretionary costs
or savings to local agencies. AUTHORITY AND REFERENCE
5. Will not result in any costs or savings in
federal funding to the state. This proposal is made pursuant to the authority
6. Will not have any potential cost impact vested by Penal Code section 13503 (authority of the
on private persons, businesses or small Commission on POST) and Penal Code section 13506
businesses. (POST authority to adopt regulations). This proposal
All inquiries concerning this proposed amendment is intended to interpret, implement, and make specific
and any communication required by this notice should Penal Code section 13503(e), which authorizes POST
be directed to: to develop and implement programs to increase the
effectiveness of law enforcement, including programs
Name: C. David Johnson, Jr. involving training and education courses.
Title: Chief Deputy Legislative Counsel
Address: Office of Legislative Counsel INFORMATIVE DIGEST/POLICY
925 L Street, Suite 900 STATEMENT OVERVIEW
Sacramento, CA 95814
Telephone Currently, Basic Course presenters are not required
Number: (916) 341–8250 to notify the employing agencies when a student fails a
Email POST mandated test. Additionally, the Basic Training
Address: David.Johnson@lc.ca.gov Bureau has experienced situations where presenters
875CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 28-Z
have administered POST mandated tests that resulted be addressed to the agency official designated in this
in numerous student initial test and retest failures. notice. The Commission will accept written comments
Therefore, POST staff recommends updating on the modified text for 15 days after the date that the
Commission Procedure D–1 requiring presenters revised text is made available.
to notify a student’s employing agency following
an initial test failure. This will allow the employing ESTIMATE OF ECONOMIC IMPACT
agency the opportunity to provide counseling to the
student prior to the presenter administering the retest.
Fiscal Impact on Public Agencies Including Costs or
It is also recommended that presenters be required Savings to State Agencies or Costs/Savings in Federal
to notify the Basic Training Bureau when 15% or more Funding to the State: None.
of the students attending the course fail any POST–
required scenario or exercise test, to include both Non–Discretionary Costs/Savings to Local
initial test(s) and retest(s). In addition, the notification Agencies: None.
shall be made within 24 hours of the failure(s). Test Local Mandate: None
failures of 15% or more shall be based on the total
class size at the time of test administration. Costs to Any Local Agency or School District for
Which Government Code sections 17500–17630
Anticipated Benefits of the Proposed Amendments:
Requires Reimbursement: None.
The benefits anticipated by the proposed amendments
to the regulations will add clarity to testing and Significant Statewide Adverse Economic Impact
notification requirements to basic course presenters, Directly Affecting California Businesses: POST
which will increase the efficiency of the state of has made an initial determination that the amended
California in delivering services to stakeholders. regulations will not have a significant statewide
Thus, the law enforcement standards are maintained adverse economic impact directly affecting California
and effective in preserving peace, protection of public businesses, including the ability of California
health, safety, and welfare of California. The proposed businesses to compete with businesses in other states.
amendments will have no impact on worker safety or Small Business Determination: POST has found that
the state’s environment. the proposed language will not affect small businesses
Evaluation of Inconsistency/Incompatibility with because the amended language addresses the update
Existing State Regulations: to Basic Course test failure notification requirements.
POST has determined that these proposed Additionally, the Commission’s main function
amendments are not inconsistent or incompatible with to select and maintain training standards for law
existing regulations. After conducting a review for enforcement has no effect financially on small
any regulations that would relate to or affect this area, businesses.
POST has concluded that these are the only regulations
that concern testing and notification requirements for Effect on Housing Costs: POST has made an initial
basic course presenters. determination that the proposed regulation would
have no effect on housing costs.
FORMS INCORPORATED BY REFERENCE
RESULTS OF ECONOMIC
There are no forms incorporated by reference. IMPACT ASSESSMENT
per Gov. Code section 11346.3(b)
ADOPTION OF PROPOSED REGULATIONS
Following the public comment period, the The adoption of the proposed amendments of
Commission may adopt the proposal substantially as regulations will neither create nor eliminate jobs in
set forth without further notice, or the Commission the state of California, nor result in the elimination of
may modify the proposal if such modifications remain existing businesses or create or expand businesses in
sufficiently related to the text as described in the the state of California.
Informative Digest. If the Commission makes changes The benefits of the proposed amendments of
to the language before the date of adoption, the text regulations to the regulations will increase the
of any modified language, clearly indicated, will be efficiency of the state of California in delivering
made available at least 15 days before adoption to all services to stakeholders. Thus, the law enforcement
persons whose comments were received by POST standards are maintained and effective in preserving
during the public comment period and to all persons peace, protection of public health, safety, and welfare
who request notification from POST of the availability in California. There would be no impact that would
of such changes. A request for the modified text should affect worker safety or the state’s environment.
876CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 28-Z
COST IMPACTS ON REPRESENTATIVE Division 1, Chapter 19, of the California Code of
PRIVATE PERSONS OR BUSINESSES Regulations (CCR) concerning California’s Racial and
Identity Profiling Act of 2015 (Act or AB 953).
POST is not aware of any cost impacts that a
representative private person or business would PUBLIC HEARINGS
necessarily incur in reasonable compliance with the
proposed action.
The Department will hold a virtual public hearing
CONSIDERATION OF ALTERNATIVES to provide all interested persons with an opportunity
to present statements or comments, either orally or in
To take this action, the Commission must determine writing, with respect to the proposed regulations, as
that no reasonable alternative considered by the follows:
Commission, or otherwise identified and brought First hearing:
to the attention of the Commission, would be more
effective in carrying out the purpose for which the Friday, August 20, 2021
action is proposed, or would be as effective as and 12:00 p.m. — 2:00 p.m. PST
less burdensome to affected private persons than the Online via BlueJeans
proposed action, or would be more cost–effective https://bluejeans.com/564571798/8333
to affected private persons and equally effective in (Join from computer or phone)
implementing the statutory policy or other provision
of law than the proposed action. (NOTE: You will be prompted to join via the
BlueJeans app if you have it installed. You may
CONTACT PERSONS also join via your browser without installing the
Questions regarding this proposed regulatory action app.)
may be directed to Anita Finner, Commission on POST,
860 Stillwater Road, Suite 100, West Sacramento, CA OR
95605–1630 at (916) 227–3901. General questions Dial: (408) 317–9254
regarding the regulatory process may be directed to Meeting ID: 564 571 798
Katie Strickland at (916) 227–2802.
Second hearing:
TEXT OF PROPOSAL
Wednesday, September 1, 2021
Individuals may request copies of the exact language 6:00 p.m. — 8:00 p.m. PST
of the proposed regulations and of the initial statement Online via BlueJeans
of reasons, and the information the proposal is based https://bluejeans.com/564571798/8333
upon, from the Commission on POST at 860 Stillwater (Join from computer or phone)
Road, Suite 100, West Sacramento, CA 95605–1630.
These documents are also located on the POST (NOTE: You will be prompted to join via the
Website at https://post.ca.gov/Regulatory–Actions. BlueJeans app if you have it installed. You may
also join via your browser without installing the
AVAILABILITY AND LOCATION OF THE app.)
RULEMAKING FILE AND THE FINAL
OR
STATEMENT OF REASONS
Dial: (408) 317–9254
The rulemaking file contains all information upon Meeting ID: 564 571 798
which POST is basing this proposal and is available
for public inspection by contacting the person(s) At the hearings, any person may present statements
named above. or comments orally or in writing relevant to the
To request a copy of the Final Statement of Reasons proposed action described in the Informative Digest.
once it has been approved, submit a written request to The Department requests but does not require that
the contact person(s) named above. persons who make oral statements or comments at the
hearing also submit a written copy of the comments
made at the hearing.
TITLE 11. DEPARTMENT OF JUSTICE
A person may make a request for a reasonable
The Department of Justice (Department) proposes accommodation, pursuant to the Americans with
to amend sections §§ 999.224–999.229 of Title 11, Disabilities Act, to the Contact Person listed below.
877CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 28-Z
WRITTEN COMMENT PERIOD The reporting shall include, at a minimum, the
following information for each stop:
Any interested party, or their duly authorized (1) The time, date, and location of the stop.
representative, may submit written comments relevant (2) The reason for the stop.
to the proposed regulatory action to the Contact Person
(3) The result of the stop, such as, no action, warning,
listed below. The written comment period closes on
citation, property seizure, or arrest.
September 3, 2021. The Department will consider
only comments received by that time. Please address (4) If a warning or citation was issued, the warning
comments to: provided or violation cited.
(5) If an arrest was made, the offense charged.
Tanya Koshy (6) The perceived race or ethnicity, gender, and
Deputy Attorney General approximate age of the person stopped, provided
Civil Rights Enforcement Section that the identification of these characteristics
California Office of the Attorney General shall be based on the observation and perception
1515 Clay Street of the peace officer making the stop, and the
Oakland, CA 94612 information shall not be requested from the person
Phone: (510) 897–1983 stopped. For motor vehicle stops, this paragraph
Fax: (213) 897–7605 only applies to the driver, unless any actions
Email: Tanya.Koshy@doj.ca.gov specified under paragraph (7) apply in relation
NOTE: Written and oral comments, attachments, to a passenger, in which case the characteristics
and associated contact information (e.g., address, specified in this paragraph shall also be reported
phone, email, etc.) become part of the public record for him or her.
and can be released to the public upon request. (7) Actions taken by the peace officer during the
stop, including, but not limited to, the following:
AUTHORITY AND REFERENCE (A) Whether the peace officer asked for consent
to search the person, and, if so, whether
Government Code section 12525.5, subdivision (e) consent was provided.
authorizes the Department to adopt these regulations (B) Whether the peace officer searched the
which implement, interpret, and make specific the person or any property, and, if so, the basis
provisions of Government Code section 12525.5. for the search and the type of contraband or
evidence discovered, if any.
INFORMATIVE DIGEST/POLICY Finally, Government Code section 12525.5,
STATEMENT OVERVIEW subdivision (e) requires LEAs to report this data to
the California Attorney General, whose duty is to
Summary of Existing Laws and Regulations issue regulations regarding this data collection and
Assembly Bill 953 (AB 953), or California’s Racial submission.
and Identity Profiling Act of 2015 (RIPA), took effect On November 7, 2017, the Attorney General issued
on January 1, 2016. regulations, which set forth additional information
AB 953 enacted multiple provisions to uncover and required to be reported by officers, definitions of
address the unlawful practice of racial and identity terms used in the regulations, and specific guidance
profiling. Among other things, AB 953 enacted regarding the reporting required under Government
Government Code section 12525.5, which requires Code section 12525.5, subdivision (b).
state and local law enforcement agencies (LEAs), Effect of the Proposed Rulemaking
as specified, to collect detailed data regarding stops This proposed action builds on the 2017 regulations
of individuals, including perceived demographic by adding new and revising existing data elements,
information on the person stopped. Government Code adding new and revising existing data values, and
section 12525.5, subdivision (g)(2) defines “stops” to clarifying existing reporting requirements in various
mean “any detention by a peace officer of a person, ways.1 As examples, the proposed amendments
or any peace officer interaction with a person in include the addition of two new data elements, Person
which the peace officer conducts a search, including a
consensual search, of the person’s body or property in 1 Data elements are the categories of information (such as the Per-
ceived Race or Ethnicity of the Person Stopped) that an officer
the person’s possession or control.” must collect for each stop (Cal. Code Regs., tit. 11, § 999.224(a)
Government Code section 12525.5, subdivision (b) (4).) Data values are the components or characteristics of each
data element, such as the “Asian” or “Hispanic/Latino(a)” un-
provides a non–exclusive list of the information that der the data element, Perceived Race or Ethnicity of the Person
must be reported for each stop: Stopped. (Id. § 999.224(a)(5).)
878CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 28-Z
Stopped Perceived to be Unhoused and Stop Made RIPA expands the definition of racial or identity
During the Course of Performing a Welfare Check or profiling2, and specifically provides that the
an Officer’s Community Caretaking Function. These consideration of a person’s personal characteristics
data elements provide additional context to the stops. cannot be a basis for deciding which persons to stop
The Department also proposes adding data values or how to treat a person who has been stopped. RIPA
to existing data elements so that officers can report further identifies the types of activities that are subject
their stops more accurately. These various proposals to California’s ban on racial and identify profiling,
streamline the officers’ reporting obligations, make noting that “[these] activities include, but are not
those obligations clearer, and provide additional limited to, traffic or pedestrian stops, or actions during
context and information to improve the data analysis a stop, such as asking questions, frisks, consensual and
conducted by the Racial and Identity Profiling nonconsensual searches of a person or any property,
Advisory Board (“the Board”). seizing any property, removing vehicle occupants
The proposed action would also permit reporting during a traffic stop, issuing a citation, and making an
agencies to disclose their stop data, on a confidential arrest.” (Pen. Code, § 13519.4, subdivision (e).)
basis, for the purposes of advancing public policy, The existing regulations, and the proposed
scientific study, or analysis of the data for use by amendments to those regulations, advance RIPA’s
the agency itself. This would incentivize agencies to objectives. Further, the benefits of the proposed
address any disparities that are uncovered from those amendments build off of the benefits of the existing
analyses. regulations. The existing regulations implement
Finally, the proposed action eases various Government Code section 12525.5, which provides
administrative burdens on the Department. For LEAs, the Board, advocates, academics and other
example, the Department proposes agencies attest, by members of the community with the ability to analyze,
submitting a stop data entry, that they are ensuring stops by officers, as well as the actions taken during a
that neither personally identifiable information nor stop, all of which can reveal whether racial or identity
any other information that is exempt from disclosure profiling exists. This data is essential to understanding
is included in the entry. whether there are biases (either implicit or explicit) in
Anticipated Benefits of Proposed Regulations law enforcement activities and are an important first
The California Legislature, in its findings regarding step in addressing these biases if they exist.
RIPA’s amendments to California’s prohibition on If disparities are apparent, LEAs, the Board, and
racial and identity profiling, set forth in Penal Code researchers can determine why those disparities are
section 13519.4, succinctly explained the broad occurring—whether they are attributed to a systemic
objectives of RIPA. problem or a small percentage of officers—what, if any
Specifically, the objectives of RIPA are: (1) to part of those disparities can be explained by legitimate
create the stop data reporting program that is the policing activities, and what can and should be done
subject of these regulations (Gov. Code, § 12525.5); to address the disparities observed. Indeed, collecting
(2) to require the Department of Justice to receive stop data is not only invaluable to researchers and the
and report on citizen complaints that allege racial public, but will also provide critical guidance to LEAs,
or identity profiling, as part of its annual reporting particularly with respect to training of their officers,
on citizen complaints (Pen. Code, § 13012); and (3) if this stop data suggests patterns of discriminatory
to amend Penal Code section 13519.4 to expand the treatment or biases.
definition of racial and identity profiling and ensure Several amendments streamline the reporting
that officers receive adequate training regarding how process for officers by clarifying existing reporting
to recognize and prevent racial and identity profiling. obligations in the regulations. For example, the
As the Legislature explained, “racial or identity Department proposes defining terms referenced in
profiling alienates people from law enforcement, existing regulations or revising existing definitions,
hinders community policing efforts, and causes law such as “custodial settings,” to make it easier for
enforcement to lose credibility and trust among the an officer to understand when they are required to
people whom law enforcement is sworn to protect and report interactions and what types of information
serve.” (Gov. Code, § 13519.4, subdivision (d)(3).)
2
“Racial or identity profiling” is defined as “the consideration
of, or reliance on, to any degree, actual or perceived race, col-
or, ethnicity, national origin, age, religion, gender identity or ex-
pression, sexual orientation, or mental or physical disability in
deciding which persons to subject to a stop or in deciding upon
the scope or substance of law enforcement activities following a
stop, except that an officer may consider or rely on characteristics
listed in a specific suspect description.” (Pen. Code, § 13519.4,
subdivision (e).)
879CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 28-Z
they are required to collect. As another example, the Other Statutory Requirements
Department proposes adding examples describing Section 12525.5 requires the Attorney General
scenarios where an officer would need to report, which to consult with a variety of stakeholders in drafting
would likewise help officers understand the scope of regulations implementing the Racial and Identity
their reporting obligations. Profiling Act of 2015; these stakeholders include the
Other proposed amendments would benefit LEAs, Board, “federal, state, and local law enforcement
the Board, advocates, academics, the public, and other agencies and community, professional, academic,
stakeholders by improving data analysis. The Board research, and civil and human rights organizations.”
in particular benefits from all of these amendments (Gov. Code, § 12525.5, subdivision (e).)
because they would help it serve its function specified Consistent with the Attorney General’s statutory
by law, including: “analyz[ing] the data[,]” producing obligations, the proposed amendments set forth
“detailed findings on the past and current status of in this proposed action are the result of informal
racial and identity profiling” in California, “mak[ing] and formal recommendations by, and consultation
policy recommendations for eliminating” profiling, with, stakeholders. For example, the Department
and working with “state and local law enforcement has informally collected feedback and commentary
agencies to review and analyze racial and identity on the existing regulations from LEAs, since the
profiling policies and practices across geographic time the Department began to train LEAs on their
areas in California.” (Pen. Code, § 13519.4, subdivision reporting requirements and the first wave of LEAs
(j)(3).) began to collect stop data. The Department has also
For example, the Department proposes adding a evaluated the stop data entries submitted by LEAs
small number of data elements that officers are required and have identified revisions to the regulations that
to collect for each stop. One such proposed new data would improve consistency and accuracy of the data.
element is whether an officer perceived a stopped The Department has also revisited commentary
individual as unhoused. Adding this data element provided by the public and representatives from civil
could reveal potential disparities in the demographics rights, community and social and criminal justice
of the people stopped by officers, how these persons organizations during the rulemaking process for the
are treated during stops, and the outcomes of these existing regulations during 2016–2017.
stops. LEAs, the Board, researchers, and the public Once the Department developed draft proposals,
can use this and other data to determine why any it sought feedback from a social psychologist with
disparities are occurring. expertise and research interest in racial profiling,
Other proposals would fill in gaps in the data stereotyping, prejudice, and discrimination. The
collection by adding data values from which officers Department also solicited feedback from the Board’s
can choose when collecting information on each Stop Data Analysis Subcommittee.3
data element. For example, the Department proposes
adding several data values under the Actions Taken by DISCLOSURES REGARDING THE
Officer During Stop data element (including whether
PROPOSED ACTION
the officer asked for the person’s supervision status or
conducted a pat search), which provides more context The Department of Justice has made the following
to the stop and improves data analysis. initial determinations:
Comparable Federal Regulations
Mandate on local agencies or school districts: None.
There are no existing federal regulations or statutes
AB 953 requires the Department of Justice to draft
comparable to the proposed regulations.
and issue regulations to implement the stop data
Determination of Inconsistency/Incompatibility reporting requirements of Government Code section
with Existing State Regulations 12525.5. The Legislative Counsel’s Digest of AB 953
Government Code section 11346.5(a)(3)(D) requires notes that costs incurred by local agencies because of
the Department of Justice to evaluate whether the this state–mandated program are reimbursable:
proposed regulations are inconsistent or incompatible
By imposing a higher level of service on local
with existing state regulations. The Department has
entities that employ peace officers, the bill would
determined these proposed regulations are neither
impose a state–mandated local program.
inconsistent nor incompatible with any existing state
regulations, because there are no existing regulations The California Constitution requires the state to
that address the specific subject matter of the proposed reimburse local agencies and school districts for
regulations. certain costs mandated by the state. Statutory
3
The minutes from the Stop Data Analysis Subcommittee meet-
ing can be found here: https://oag.ca.gov/sites/all/files/agweb/
pdfs/ripa/mm–board–111220.pdf.
880CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 28-Z
provisions establish procedures for making that Small businesses determination:
reimbursement. The Department has determined that these proposed
(Legislative Counsel’s Digest, Assembly Bill No. amendments may have a positive impact on some
953, Stats. 2015, ch. 466, pp. 4153–4154.) Further, small businesses in the information technology sector.
Section 5 of AB 953 provides: “If the Commission Significant effect on housing costs: None.
on State Mandates determines that this act contains Business reporting requirement: None.
costs mandated by the state, reimbursement to local The reporting requirements in the proposed
agencies and school districts for those costs shall be amendments do not apply to businesses. Rather, only
made pursuant to Part 7 (commencing with Section law enforcement agencies, as specified in Government
17500) of Division 4 of Title 2 of the Government Code section 12525.5 and the existing regulations,
Code.” (Stats. 2015, ch. 466, § 5, p. 4159.) will be required to collect and report stop data to the
Accordingly, the costs incurred as a result of the Department.
proposed amendments to existing regulations are Results of Economic Impact Analysis:
mandated by statute, and not created as a result of The Department concludes that it is unlikely the
them. proposed amendments will (1) create or eliminate jobs
Cost to any local agency or school district which in California, (2) create new businesses or eliminate
must be reimbursed in accordance with Government existing businesses in California, or (3) result in the
Code sections 17500 through 17630: None. expansion of businesses currently doing business
in California. The proposed amendments will not
Costs or savings to any state agency: None or adversely impact the health and welfare of California
negligible. residents, worker safety, nor the State’s environment.
State agencies that are subject to reporting Benefits of the proposed action: The proposed
requirements (the Department of Justice, the California amendments benefit the public and California’s peace
Highway Patrol, the University of California, the officers by strengthening the existing guidance on
California State University, and California Community stop reporting requirements of RIPA. Reporting law
Colleges) and are already reporting stop data would enforcement contacts with individuals will provide
incur negligible costs, if any, to modify existing stop law enforcement agencies, the public and researchers
data reporting systems. For any state agencies that are with the opportunity to uncover, address, and eradicate
still developing their stop data collection systems, there racial and identity profiling.
would no costs to incorporating these amendments.
Other nondiscretionary costs of savings imposed on CONSIDERATION OF ALTERNATIVES
local agencies: None or negligible.
Local agencies that are subject to reporting In accordance with Government Code section
requirements and are already reporting stop data 11346.5, subdivision (a)(13), the Department must
would incur negligible costs, if any, to modify existing determine that no reasonable alternative it considered
stop data reporting systems. For agencies that are still or that has otherwise been identified and brought to its
developing their stop data collection systems, there attention would be more effective in carrying out the
would no costs to incorporating these amendments. purpose for which the action is proposed, or would be
as effective and less burdensome to affected private
Cost or savings in federal funding to the state: None.
persons than the proposed action, or would be more
Significant, statewide adverse economic impact cost–effective to affected private persons and equally
directly affecting businesses, including ability to effective in implementing the statutory policy or other
compete: provision of law.
The Department of Justice has made an initial The proposed amendments to the existing
determination that this proposed action will not regulations impose no costs or requirements on private
have a significant, statewide adverse impact directly persons. As a result, there are no less burdensome or
affecting businesses, including the ability of California more cost–effective alternatives to these proposed
businesses to compete with businesses in other states. amendments with respect to their impact on private
Cost impacts on representative private person or persons, because these regulations will impose no
businesses: costs on private persons.
The Department has determined that there are no
The Department of Justice is not aware of any cost reasonable alternatives to the proposed amendments
impacts that a representative private person or business that would be more effective in carrying out the intent
would necessarily incur in reasonable compliance of RIPA. Government Code section 12525.5 requires
with the proposed action. the Department to issue regulations for the collection
and reporting of stop data, which must be reported to
881CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 28-Z
the Department and analyzed by the Board. In order to California Office of the Attorney General
ensure accurate and uniform reporting, the information 1515 Clay Street
collected must be uniform both in its categories of Oakland, CA 94612
information collected and in the responses to these
categories, in order for this information to be submitted Copies of these documents are also available upon
electronically and for the data to be accessible to law request by contacting Tanya Koshy, Deputy Attorney
enforcement agencies, the Board, researchers and the General, at the contact information above (Contact
public, and so that meaningful review and analysis of Person).
this data is possible.
AVAILABILITY OF CHANGED OR
MODIFIED TEXT
CONTACT PERSON
After considering all timely and relevant comments,
General or substantive comments concerning this the Department of Justice may adopt the proposed
proposed rulemaking, including requests for copies amendments substantially as described in this notice.
of documents associated with this action such as the If the Department of Justice makes modifications that
text of the proposed amendments, initial statement of are sufficiently related to the originally proposed text,
reasons, should be directed to: it will make the modified text (with the changes clearly
indicated) available to the public for at least 15 days
Tanya Koshy before it adopts the proposed amendments, as revised.
Deputy Attorney General Copies of any modified text will be available on the
Civil Rights Enforcement Section Department of Justice’s website at https://oag.ca.gov/
California Office of the Attorney General ab953/regulations. Please send requests for copies of
1515 Clay Street any modified regulations to Tanya Koshy, Deputy
Oakland, CA 94612 Attorney General, at the contact information above
Phone: (510) 897–1983 (Contact Person). The Department of Justice will
Email: Tanya.Koshy@doj.ca.gov accept written comments on the modified regulations
for 15 days after the date on which they are made
In the event the Contact Person is unavailable, available.
inquiries regarding this proposed rulemaking may be
directed to the below backup Contact Person: AVAILABILITY OF THE FINAL
Anna Rick STATEMENT OF REASONS
Associate Governmental Program Analyst
Civil Rights Enforcement Section Upon its completion, copies of the final statement of
California Office of the Attorney General reasons may be obtained by contacting Tanya Koshy,
1515 Clay Street Deputy Attorney General, at the contact information
Oakland, CA 94612 above (Contact Person), or by visiting the Department
Phone: (510) 897–3095 of Justice’s website at: https://oag.ca.gov/ab953/
Email: AB953@doj.ca.gov regulations.
AVAILABILITY OF
AVAILABILITY OF INITIAL STATEMENT DOCUMENTS ON THE INTERNET
OF REASONS, PROPOSED TEXT, AND
RULEMAKING FILE Copies of this notice, the initial statement of reasons,
and the text of the proposed modified regulations
will be posted and available for downloading on the
The Department of Justice will make copies of the Department of Justice’s website at: https://oag.ca.gov/
following documents available on the Department ab953/regulations.
of Justice’s website at https://oag.ca.gov/ab953/
regulations: this notice, the text of the proposed
modified regulations, the initial statement of reasons, TITLE 15. DEPARTMENT
the economic and fiscal impact statement (STD OF CORRECTIONS AND
399) and attachment, and the notice of publication/ REHABILITATION
regulations submission (STD 400). The entire
rulemaking file is available for inspection and copying NOTICE IS HEREBY GIVEN that the Secretary
throughout the rulemaking process during business of the California Department of Corrections and
hours at the following locations: Rehabilitation (CDCR or Department), proposes to
882CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 28-Z
amend Sections 3000, 3043.8, 3045.1, 3323, 3336, 3338, Penal Code (PC) Section 5000 provides that
3341.9, 3375.3, 3375.4, 3375.5 into Title 15, Division 3, commencing July 1, 2005, any reference to Department
Chapter 1, regarding gassing, retention in restricted of Corrections in this or any code, refers to the CDCR,
housing, manufacture of weapons, work groups, and Division of Adult Operations. PC Section 5050
definitions of regulatory terms. provides that commencing July 1, 2005, any reference
to the Director of Corrections in this or any other code,
PUBLIC COMMENT PERIOD refers to the Secretary of the CDCR. As of that date,
the office of the Director of Corrections is abolished.
The public comment period begins July 9, 2021 PC Section 5054 provides that commencing July
and closes on August 25, 2021. Any person may 1, 2005, the supervision, management, and control
submit written comments by mail addressed to the of the State prisons, and the responsibility for the
primary contact person listed below, or by email to care, custody, treatment, training, discipline, and
rpmb@cdcr.ca.gov, before the close of the comment employment of persons confined therein are vested
period. For questions regarding the subject matter of in the Secretary of the CDCR. PC Section 5055
the regulations, call the program contact person listed provides that commencing July 1, 2005, all powers
below. and duties previously granted to and imposed upon
No public hearing is scheduled for these proposed the Department of Corrections shall be exercised
regulations; however, pursuant to Government by the Secretary of the CDCR. PC Section 5058
Code section 11346.8, any interested person or their authorizes the Director to prescribe and amend rules
duly authorized representative may request a public and regulations for the administration of prisons and
hearing, no later than 15 days prior to the close of the for the administration of the parole of persons. PC
written comment period. Section 5058.3 authorizes the Director to certify in a
written statement filed with Office of Administrative
CONTACT PERSONS Law that operational needs of the Department require
adoption, amendment, or repeal of regulation on an
emergency basis.
Primary Contact
Josh Jugum
INFORMATIVE DIGEST/POLICY
Telephone: (916) 445–2266
Regulation and Policy STATEMENT OVERVIEW
Management Branch
P.O. Box 942883 Aggravated battery by means of gassing is defined
Sacramento, CA 94283–0001 in California PC section 4501.1 as intentionally placing
or throwing, or causing to be placed or thrown, upon
the person of another, any human excrement or other
Back–Up
bodily fluids or bodily substances or any mixture
Y. Sun
containing human excrement or other bodily fluids
Telephone: (916) 445–2269
or bodily substances that result in actual contact
Regulation and Policy
with the skin or membranes to any non–inmate. The
Management Branch
Department has not previously addressed the specific
P.O. Box 942883
acts of aggravated battery by means of gassing or the
Sacramento, CA 94283–0001
act of battery on an inmate by means of gassing.
This action will:
Program Contact
Steve Jimenez ● Establish and define the act of Aggravated Battery
Telephone: (916) 324–7956 by Means of Gassing, pursuant to Penal Code
Division of Adult Institutions section 4501.1, and establish the act of battery on
an inmate by means of gassing.
● Clarify the definition of the term “Same and
AUTHORITY AND REFERENCE Similar Behavior” as it relates to serious
misconduct which may mitigate or aggravate a
Government Code Section 12838.5 provides Security Housing Unit (SHU) term.
that commencing July 1, 2005, CDCR succeeds to,
and is vested with, all the powers, functions, duties, ● Remove outdated language pertaining to
responsibilities, obligations, liabilities, and jurisdiction inmate assignments to work groups in specific
of abolished predecessor entities, such as: Department circumstances.
of Corrections, Department of the Youth Authority, ● Establish and update existing language pertaining
and Board of Corrections. to the application of a determinate Segregated
883CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 28-Z
Housing Unit (SHU) term assessment conducted ● Cost or savings in federal funding to the state:
by staff. None.
● Clarify and amend language pertaining to
retaining an inmate in Administrative Segregation EFFECT ON HOUSING COSTS
to ensure the inmate is afforded all procedural
safeguards and due process rights. The Department has made an initial determination
that the proposed action will have no significant effect
● Clarify language to conform to the penal code on housing costs.
and ensure consistency in the application of the
points used to determine an inmate’s classification COST IMPACTS ON REPRESENTATIVE
score.
PRIVATE PERSONS OR BUSINESSES
DOCUMENTS INCORPORATED The Department is not aware of any cost impacts
BY REFERENCE that a representative private person or business would
necessarily incur in reasonable compliance with the
None. proposed action.
SPECIFIC BENEFITS ANTICIPATED BY THE SIGNIFICANT STATEWIDE ADVERSE
PROPOSED REGULATIONS ECONOMIC IMPACT ON BUSINESS
The Department has determined the proposed The Department has made an initial determination
regulations may have a positive impact on worker and that the proposed regulations will not have a significant
inmate’s safety by appropriately addressing sanctions statewide adverse economic impact directly affecting
for acts of battery by means of gassing against staff business, including the ability of California businesses
and inmates. The proposed regulations will also to compete with businesses in other states, because
benefit inmates by ensuring procedural safeguards the proposed regulations place no obligations or
are addressed when circumstances for retention in requirements on any business.
segregated housing have changed.
EFFECT ON SMALL BUSINESSES
EVALUATION OF INCONSISTENCY/
INCOMPATIBILITY WITH EXISTING The Department has determined that the proposed
LAWS AND REGULATIONS regulations will not affect small businesses. This
action has no significant adverse economic impact on
Pursuant to Government Code section 11346.5(a) small business because they place no obligations or
(3)(D), the Department has determined the proposed requirements on any business.
regulations are not inconsistent or incompatible with
existing regulations. After conducting a review for RESULTS OF THE ECONOMIC
any regulations that would relate to or affect this area, IMPACT ASSESSMENT
the Department has concluded that these are the only
regulations that concern the the regulatory provisions The Department has determined that the proposed
addressed by this rulemaking action. regulation will have no effect on the creation of new, or
the elimination of existing, jobs or businesses within
LOCAL MANDATES California, or effect the expansion of businesses
currently doing business in California. The Department
This action imposes no mandates on local agencies has determined that the proposed regulation will have
or school districts, or a mandate which requires no effect on the state’s environment. These regulations
reimbursement of costs or savings pursuant to may benefit worker safety and the health and welfare
Government Code Sections 17500–17630. of California residents by helping to make CDCR
institutions safer for inmates, staff, and visitors.
FISCAL IMPACT STATEMENT Additionally, safer institutions may provide an
environment more conducive to rehabilitation, thereby
● Cost or savings to any state agency: None. reducing recidivism.
● Cost to any local agency or school district that is CONSIDERATION OF ALTERNATIVES
required to be reimbursed: None.
● Other nondiscretionary cost or savings imposed The Department must determine that no reasonable
on local agencies: None. alternative considered by the Department or that has
884CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 28-Z
otherwise been identified and brought to the attention TITLE 16. ARCHITECTS BOARD/
of the Department would be more effective in carrying LANDSCAPE ARCHITECTS TECHNICAL
out the purpose for which the action is proposed, would COMMITTEE
be as effective and less burdensome to affected private
persons than the proposed regulatory action, or would
be more cost–effective to affected private persons REQUIREMENTS FOR AN APPROVED
and equally effective in implementing the statutory EXTENSION CERTIFICATE
policy or other provisions of law. Interested persons PROGRAM, § 2620.5
are invited to present statements or arguments with
respect to any alternatives to the changes proposed NOTICE IS HEREBY GIVEN that the California
during the written comment period or at a scheduled Architects Board (Board) is proposing to take the
action described in the Informative Digest, below.
hearing should one be scheduled.
PUBLIC HEARING
AVAILABILITY OF PROPOSED TEXT AND
The Board has not scheduled a public hearing on
INITIAL STATEMENT OF REASONS this proposed action. However, the Board will hold
a hearing if it receives a written request for a public
The Department has prepared and will make hearing from any interested person, or his or her
available the text and the Initial Statement of Reasons authorized representative, no later than 15 days prior
(ISOR) of the proposed regulations. The rulemaking to the close of the written comment period. A hearing
file for this regulatory action, which contains those may be requested by making such request in writing
items and all information on which the proposal is addressed to the individuals listed under Contact
based (i.e., rulemaking file) is available to the public Person in this Notice.
upon request directed to the Department’s contact
COMMENT PERIOD
person. The proposed text, ISOR, and Notice of
Proposed Regulations will also be made available on Written comments, including those sent by mail,
the Department’s website: www.cdcr.ca.gov. facsimile, or e–mail to the addresses listed under
Contact Person in this Notice, must be received by the
AVAILABILITY OF THE FINAL Board at its office not later than 5:00 p.m. on Tuesday,
August 24, 2021, or must be received by the Board at
STATEMENT OF REASONS the hearing, should one be scheduled.
Following its preparation, a copy of the Final AVAILABILITY OF MODIFICATIONS
Statement of Reasons may be obtained from the
The Board, upon its own motion or at the request of
Department’s contact person.
any interested party, may thereafter adopt the proposals
substantially as described below or may modify such
AVAILABILITY OF CHANGES TO proposals if such modifications are sufficiently related
PROPOSED TEXT to the original text. With the exception of technical
or grammatical changes, the full text of any modified
proposal will be available for 15 days prior to its
After considering all timely and relevant comments adoption from the person designated in this Notice as
received, the Department may adopt the proposed Contact Person and will be mailed to those persons
regulations substantially as described in this Notice. who submit written or oral testimony related to this
If the Department makes modifications which are proposal or who have requested notification of any
sufficiently related to the originally proposed text, it changes to the proposal.
will make the modified text, with the changes clearly Authority and Reference: Pursuant to the authority
indicated, available to the public for at least 15 days vested by section 5630 of the Business and Professions
before the Department adopts, amends or repeals Code (BPC), and to implement, interpret, or make
the regulations as revised. Requests for copies of specific BPC section 5650 and Government Code
any modified regulation text should be directed to section 87100, the Board is considering changes to
the contact person indicated in this Notice. The section 2620.5 of article 1 of division 26 of title 16 of
Department will accept written comments on the the California Code of Regulations1 (CCR).
modified regulations for at least 15 days after the date 1
All CCR references are to title 16 unless otherwise noted.
on which they are made available.
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