2009 California Government Code - Section 11344-11345 :: Article 4. The California Code Of Regulations, The California Code Of Regulations Supplement, And The California Regulatory Notice Register

GOVERNMENT CODE
SECTION 11344-11345

11344.  The office shall do all of the following:
   (a) Provide for the official compilation, printing, and
publication of adoption, amendment, or repeal of regulations, which
shall be known as the California Code of Regulations. On and after
July 1, 1998, the office shall make available on the Internet, free
of charge, the full text of the California Code of Regulations, and
may contract with another state agency or a private entity in order
to provide this service.
   (b) Provide for the compilation, printing, and publication of
weekly updates of the California Code of Regulations. This
publication shall be known as the California Code of Regulations
Supplement and shall contain amendments to the code.
   (c) Provide for the publication dates and manner and form in which
regulations shall be printed and distributed and ensure that
regulations are available in printed form at the earliest practicable
date after filing with the Secretary of State.
   (d) Ensure that each regulation is printed together with a
reference to the statutory authority pursuant to which it was enacted
and the specific statute or other provision of law which the
regulation is implementing, interpreting, or making specific.

11344.1.  The office shall do all of the following:
   (a) Provide for the publication of the California Regulatory
Notice Register, which shall be an official publication of the State
of California and which shall contain the following:
   (1) Notices of proposed action prepared by regulatory agencies,
subject to the notice requirements of this chapter, and which have
been approved by the office.
   (2) A summary of all regulations filed with the Secretary of State
in the previous week.
   (3) Summaries of all regulation decisions issued in the previous
week detailing the reasons for disapproval of a regulation, the
reasons for not filing an emergency regulation, and the reasons for
repealing an emergency regulation. The California Regulatory Notice
Register shall also include a quarterly index of regulation
decisions.
   (4) Material that is required to be published under Sections
11349.5, 11349.7, and 11349.9.
   (5) Determinations issued pursuant to Section 11340.5.
   (b) Establish the publication dates and manner and form in which
the California Regulatory Notice Register shall be prepared and
published and ensure that it is published and distributed in a timely
manner to the presiding officer and rules committee of each house of
the Legislature and to all subscribers.
   (c) Post on its website, on a weekly basis:
   (1) The California Regulatory Notice Register. Each issue of the
California Regulatory Notice Register on the office's website shall
remain posted for a minimum of 18 months.
   (2) One or more Internet links to assist the public to gain access
to the text of regulations proposed by state agencies.

11344.2.  The office shall supply a complete set of the California
Code of Regulations, and of the California Code of Regulations
Supplement to the county clerk of any county or to the delegatee of
the county clerk pursuant to Section 26803.5, provided the director
makes the following two determinations:
   (a) The county clerk or the delegatee of the county clerk pursuant
to Section 26803.5 is maintaining the code and supplement in
complete and current condition in a place and at times convenient to
the public.
   (b) The California Code of Regulations and California Code of
Regulations Supplement are not otherwise reasonably available to the
public in the community where the county clerk or the delegatee of
the county clerk pursuant to Section 26803.5 would normally maintain
the code and supplements by distribution to libraries pursuant to
Article 6 (commencing with Section 14900) of Chapter 7 of Part 5.5.

11344.3.  Every document, other than a notice of proposed rulemaking
action, required to be published in the California Regulatory Notice
Register by this chapter, shall be published in the first edition of
the California Regulatory Notice Register following the date of the
document.

11344.4.  (a) The California Code of Regulations, the California
Code of Regulations Supplement, and the California Regulatory Notice
Register shall be sold at prices which will reimburse the state for
all costs incurred for printing, publication, and distribution.
   (b) All money received by the state from the sale of the
publications listed in subdivision (a) shall be deposited in the
treasury and credited to the General Fund, except that, where
applicable, an amount necessary to cover the printing, publication,
and distribution costs shall be credited to the fund from which the
costs have been paid.

11344.6.  The publication of a regulation in the California Code of
Regulations or California Code of Regulations Supplement raises a
rebuttable presumption that the text of the regulation as so
published is the text of the regulation adopted.
   The courts shall take judicial notice of the contents of each
regulation which is printed or which is incorporated by appropriate
reference into the California Code of Regulations as compiled by the
office.
   The courts shall also take judicial notice of the repeal of a
regulation as published in the California Code of Regulations
Supplement compiled by the office.

11344.7.  Nothing in this chapter precludes any person or state
agency from purchasing copies of the California Code of Regulations,
the California Code of Regulations Supplement, or the California
Regulatory Notice Register or of any unit of either, nor from
printing special editions of any such units and distributing the
same. However, where the purchase and printing is by a state agency,
the state agency shall do so at the cost or at less than the cost to
the agency if it is authorized to do so by other provisions of law.

11344.9.  (a) Whenever the term "California Administrative Code"
appears in law, official legal paper, or legal publication, it means
the "California Code of Regulations."
   (b) Whenever the term "California Administrative Notice Register"
appears in any law, official legal paper, or legal publication, it
means the "California Regulatory Notice Register."
   (c) Whenever the term "California Administrative Code Supplement"
or "California Regulatory Code Supplement" appears in any law,
official legal paper, or legal publication, it means the "California
Code of Regulations Supplement."

11345.  The office is not required to develop a unique
identification number system for each regulatory action pursuant to
Section 11341 or to make the California Regulatory Notice Register
available on its website pursuant to subdivision (c) of Section
11344.1 until January 1, 2002.


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