More on Proposed AB 646 Regulations

At its meeting on December 8, 2011, the Board will consider proposed emergency regulations implementing AB 646.  (The proposed emergency regulations can be found here.)  Under California law, state agency regulations must go through a review process by the Office of  Administrative Law (OAL).  Where there is an “emergency” the OAL review process be can truncated.  So assuming the Board votes to move forward on the 8th, what happens next?

  1. At least five working days before submitting the emergency regulations to OAL, PERB must provide notice of its proposed emergency regulations by sending the finding of emergency, the text of the regulations, and other required information to all interested parties.  This information will also be posted on PERB’s website.  Notably, there is no provision for public comments during the five working day notice period.
  2. After the five working day period, PERB can submit its emergency regulation package to OAL.  This can be done without another formal Board meeting.  Assuming the notice goes out to interested parties on December 9th, the submission to OAL can occur on December 16th.
  3. Once filed, the OAL will post the proposed emergency regulations on its website.  There is then a five calendar day comment period.  At the same time, OAL has ten calendar days from the date of filing to review the emergency regulations.  Assuming a filing on December 16th, the OAL review should be completed by December 26th.
  4. Assuming there are no problems with the review, the regulations then are filed with the Secretary of State.  This should occur on December 26th or perhaps a day or two later.  The regulations typically become effective upon filing with the Secretary of State but the agency has the option of requesting a different effective date.  Presumably, PERB will request that the regulations become effective January 1, 2012—to coincide with the effective date of AB 646—in order to avoid an anomaly where the regulations become effective before the actual statute.
  5. Once they become effective, the emergency regulations can stay in place for 180 days.  Two 90-day extensions are possible.
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