California Administrative Procedure Act
Encyclopedia
The California Administrative Procedure Act is a series of acts of the California Legislature that requires California state agencies to adopt regulations in accordance with its provisions.
The act created the Office of Administrative Law
. The director of this agency is appointed by the governor and subject to confirmation by the senate. The director appoints a staff of full time administrative judges, and any other technical or clerical positions that need to be filled. The California Administrative Procedure act can be found in California Government Code sections 11340-11365.
of 1945, signed by Governor
Earl Warren
on June 15, 1945. In comparison, the federal Administrative Procedure Act
was enacted almost a year later on June 11, 1946. It had been proposed by the Judicial Council of California
, whose report relied heavily on the report of the Attorney General's Committee on Administrative Procedure. It was further modified by some act of the legislature in 1947, Chapter 1425 of the Statutes of 1947. Assembly Bill 1111 of 1979, Chapter 567 of the Statutes
of 1979, signed by Governor
Jerry Brown
on September 11, 1979 further modified this, and was passed dependent on Senate Bill 772 and Assembly Bill 939 of the same session. A.B. 1111 replaced the existing Office of Administrative Hearings within the Department of General Services
with the Office of Administrative Law
.
Senate Bill 523 of 1995, Chapter 938 of the Statutes of 1995, was a major revision of the APA.
The CPR report suggests that the governor and the legislature work together to amend the act.
Changes suggested include simplifying rulemaking documents to the original 1979 requirements containing only the minimum number of documents and clarifying that necessity can be shown by demonstrating the overall necessity, and not calling for the necessity of each individual provision.
Exceptions for both the California State Board of Equalization
, the California Franchise Tax Board
, and the California Public Utilities Commission
contained in S.B. 523 have been criticized, as well as their non-APA procedures.
Overview
The act allows the public to participate in the adoption of state regulations in order to ensure that the regulations are clear, necessary, and legally valid. The act allows that, as long as a person is not limited by a statute, any interested person can petition a state agency to change regulation. These changes include the adoption of a new regulation or the amendment or repeal of an existing one. According to the act, an agency can adopt a new regulation only if it is within their scope of authority and consistent with state law. The act explicitly states that in any area where state or federal regulations may conflict with the act, state or federal regulations should be held superior.The act created the Office of Administrative Law
California Office of Administrative Law
The California Office of Administrative Law is the California agency responsible for carrying out the rulemaking part of the California Administrative Procedure Act....
. The director of this agency is appointed by the governor and subject to confirmation by the senate. The director appoints a staff of full time administrative judges, and any other technical or clerical positions that need to be filled. The California Administrative Procedure act can be found in California Government Code sections 11340-11365.
History
The original Administrative Procedure Act was California Senate Bill 705 of 1945, Chapter 867 of the California StatutesCalifornia Statutes
California Statutes are the acts of the California State Legislature as approved according to the California Constitution and collated by the Secretary of State of California....
of 1945, signed by Governor
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
Earl Warren
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
on June 15, 1945. In comparison, the federal Administrative Procedure Act
Administrative Procedure Act
The Administrative Procedure Act , , is the United States federal law that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. The APA also sets up a process for the United States federal courts to directly review...
was enacted almost a year later on June 11, 1946. It had been proposed by the Judicial Council of California
Judicial Council of California
The Judicial Council of California is the rule-making arm of the California court system. It was created by an amendment to article VI of the California Constitution in 1926...
, whose report relied heavily on the report of the Attorney General's Committee on Administrative Procedure. It was further modified by some act of the legislature in 1947, Chapter 1425 of the Statutes of 1947. Assembly Bill 1111 of 1979, Chapter 567 of the Statutes
California Statutes
California Statutes are the acts of the California State Legislature as approved according to the California Constitution and collated by the Secretary of State of California....
of 1979, signed by Governor
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
Jerry Brown
Jerry Brown
Edmund Gerald "Jerry" Brown, Jr. is an American politician. Brown served as the 34th Governor of California , and is currently serving as the 39th California Governor...
on September 11, 1979 further modified this, and was passed dependent on Senate Bill 772 and Assembly Bill 939 of the same session. A.B. 1111 replaced the existing Office of Administrative Hearings within the Department of General Services
California Department of General Services
The California Department of General Services is a state government agency in the California State and Consumer Services Agency of the executive branch of the government of California in the United States...
with the Office of Administrative Law
California Office of Administrative Law
The California Office of Administrative Law is the California agency responsible for carrying out the rulemaking part of the California Administrative Procedure Act....
.
Senate Bill 523 of 1995, Chapter 938 of the Statutes of 1995, was a major revision of the APA.
Criticism
The California Administrative Procedure Act has been criticized for being wrapped in unneeded bureaucracy. A California Performance Review report describes how the act contains numerous layers of housekeeping details that increase cost and delay without adding value to the resulting regulations. For example, the Office of Administrative Law is required to review each proposed regulation for necessity. The OAL interprets this to mean describing the necessity of each individual provision in the Final Statement of Reasons for the regulation. The CPR sees this as unnecessary.The CPR report suggests that the governor and the legislature work together to amend the act.
Changes suggested include simplifying rulemaking documents to the original 1979 requirements containing only the minimum number of documents and clarifying that necessity can be shown by demonstrating the overall necessity, and not calling for the necessity of each individual provision.
Exceptions for both the California State Board of Equalization
State Board of Equalization (California)
The State Board of Equalization is a public agency charged with tax administration and fee collection in the state of California in the United States. The areas of authority of the Board fall into four broad areas: sales and use taxes, property taxes, special taxes, and acting as an appellate body...
, the California Franchise Tax Board
California Franchise Tax Board
The California Franchise Tax Board collects state personal income tax and corporate income tax of California. It is part of the California State and Consumer Services Agency....
, and the California Public Utilities Commission
California Public Utilities Commission
The California Public Utilities Commission is a regulatory agency which regulates privately owned public utilities in the state of California, including electric power, telecommunications, natural gas and water companies...
contained in S.B. 523 have been criticized, as well as their non-APA procedures.