Research Guide - California Regulations and Administrative Law
General Information:
As a general rule, regulations are
different from statutes: regulations are enacted by administrative
agencies, while statutes are enacted by the legislature (or by voter initiative).
The authority to adopt, amend, and repeal regulations is granted to an
agency by either constitutional provision or statute. When exercising
this authority, agencies must follow the procedures set forth in the California
Administrative Procedure Act (Government
Code 11340 et. seq.).
This guide outlines how to locate and update California regulations.
Some agencies have established administrative tribunals that adjudicate
certain disputes.This guide will help you locate those agency decisions.
Finding Regulations:
Regulation citations include a title number, publication name, and section.
Examples:
Title 3, California Code of Regulations, section 432
Cal. Code Regs., tit. 3, 432
3 C.C.R. 432
If you have a citation to a regulation, it is easy to find the appropriate title and locate the section. Regulatory materials are compiled in the California Code of Regulations (CCR). The CCR is divided into the following 28 titles, which are subdivided into divisions, parts, and sections:
|
No. |
Title |
No. |
Title |
|
1 |
General Provisions |
15 |
Crime Prevention and Corrections |
|
2 |
Administration |
16 |
Professional and Vocational Regulations |
|
3 |
Food and Agriculture |
17 |
Public Health |
|
4 |
Business Regulations |
18 |
Public Revenues |
|
5 |
Education |
19 |
Public Safety |
|
6 |
Governor [no regulations] |
20 |
Public Utilities and Energy |
|
7 |
Harbors and Navigation |
21 |
Public Works |
|
8 |
Industrial Relations |
22 |
Social Security |
|
9 |
Rehabilitative and Developmental Services |
23 |
Waters |
|
10 |
Investment |
24 |
Building Codes |
|
11 |
Law |
25 |
Housing and Community Development |
|
12 |
Military and Veterans Affairs |
26 |
Toxics |
|
13 |
Motor Vehicle |
27 |
Environmental Protection |
|
14 |
Natural Resources |
28 |
Managed Health Care |
Barclay's Official Code of California
Regulations (CCR)
KFC 35.A220. The current CCR is located in the 4th Floor Stacks. The Building Codes in volume 24 are published separately
and are kept at the Reference Desk(KFC35.A22). The Building Codes have been made available online at http://public.resource.org/bsc.ca.gov/. 
A few regulations are not included in the CCR. For example, the print version of a few provisions in Title 10, Article 7 (such as sections 2350 et seq.) must be obtained from the Workers' Compensation Insurance Rating Bureau.
Barclay's publishes a Master Index to the current CCR. It is the last two volumes in the set. One volume contains statute to regulation tables; the second volume contains a subject index. The subject index is the place to look if you do not have a citation to a regulation.
The current CCR may be found online at http://www.calregs.com. Title 6 (Governor) and title 24 (Building Codes) are not included on this web site. This web site. also allows you to find regulations by looking up the relevant administrative agency (e.g. Department of Consumer Affairs) or by searching specific section numbers. This searchable database is updated weekly, and includes helpful instructions. Title 24 is divided into parts, and part 1 (Building Standards Administrative Code), part 7 (Elevator Safety Construction Code), part 8 (Historical Building Code), and part 12 (Reference Standards Code) are available online in PDF format at http://www.bsc.ca.gov/title_24/t24_2001tried.html.
The CCR (titles 6 and 24 are
not included) is also available on Lexis and Westlaw:
Lexis: Search in CAL; CAADMN (Barclay's
Official California Code of Regulations)
Westlaw: Use the CA-ADC database (Barclay's
Official California Code of Regulations)
The Internet version of the CCR and the versions on Westlaw and Lexis are all searchable full text.
Updating Regulations and Finding Proposed Changes to Regulations:
Print Resources:
The California Regulatory Code
Supplement (Digest of New Regulations) KFC35.A22
4th Floor Stacks [1995-current]
Micrographics - Cabinets 22-23 [1945-current]
This contains the official register of changes to the CCR. The
weekly updates include the full text of all the regulations filed during
that week with the Secretary of State, as well as a list of the CCR
sections affected by the newly published regulation. Just to confuse the
issue, this publication is sometimes called the Register or Supplement Register.
The California Regulatory Notice Register (Z Register) KFC35 .A23
4th Floor Stacks l [1979-current]
This additional weekly publication, known as the Notice Register or Z Register, is published by the State Office of
Administrative Law. It includes all proposed regulatory changes within
state agencies, as well as disapproval decisions, regulations filed with
the Secretary of State, title and section changes to the CCR filed
with the Secretary of State, and agency contact information. There is
no index, so you will need to look at the table of contents for each issue
to check for proposed changes.
You can also check the Rulemaking Calendar,
published each year in the Z Register. Every board and department
lists proposed regulations, the subject of the proposed regulation, the
CCR title and sections affected, the statutes being implemented, contact
names and telephone numbers, and projected dates for notices, hearings,
and adoption. The current year of the Z Register is kept in a white
binder after the last bound volume.
The Z Register or Notice Register, began publication in 1974, and information from the 1974-1978 registers is available at the California State Library.
The California Regulatory Notice Register (Z Register) is also available on the Internet at http://www.oal.ca.gov/California_Regulatory_Notice_Online.htm. The site has full text registers from January 1, 2002 to current.
Online Resources:
Links to California state agencies may be found here. Check an agency's web site for new and proposed regulations.
Lexis: CARGTR provides summaries of pending regulations and status actions for the most recent 2 years. Updated within 6 weeks of publication.
Westlaw: CA-REGTXT tracks the full text of each stage of pending and current regulations, from mid-2002 to current. Updated daily.
Approved and proposed
changes in Building Code standards may be found at the Building Standards
Commission's web site. at http://www.bsc.ca.gov/apprvd_chngs.html
and
http://www.bsc.ca.gov/prpsd_chngs.html.
You can also check online for the most recent
energy efficiency
standards.
Finding Administrative Decisions and Opinions of the Attorney General:
Administrative Decisions:
State agencies conduct quasi-judicial hearings.
For an overview of this process, see California Administrative Hearing Practice [Print: KFC780 .C362 Research Alcove. Also available on CEB OnLAW.]
The State Administrative Manual (SAM) is a reference source for statewide policies, procedures, regulations and information [Print: KFC35 .A25 6th Floor Stacks and Online: http://sam.dgs.ca.gov/default.htm]
Many agencies also publish their decisions on the Internet. You may want to check the list of agencies at http://www.ca.gov/CaSearch/Agencies.aspx to see if an agency has recently started posting its decisions on their web site.
Using the Hastings Classic Catalog, you may find administrative decisions in the Library by searching by author: type in "California [Name of agency]"
Agricultural Labor Relations Board
Decisions
and Orders [1975-current]
Online: http://www.alrb.ca.gov/legal_searches/decision_index/decision_index_default.html
Print: KFC 565.A55 6th Floor Stacks
Alcoholic Beverage Control
Appeals Board
Decisions [1996-current]
Online: http://www.abcappealsbd.ca.gov/abcab_decisions.htm
Cal/OSHA Appeals
Board
Decisions and Preemption Decisions [1999-current]
Online: http://www.dir.ca.gov/oshab/oshab.html
California Worker's Compensation Reporter
Print: [1973-May 2011] KFC592.A59 6th Floor Stacks
Department of Corporations
selected Commissioner’s Opinions [1996-] & Administrative Precedent Decisions [1981-2005]
Online: http://www.corp.ca.gov/Commissioner/
Fair Political Practices Commission
Opinions [1975-2006] & Advice Letters [1984-current]
Online: http://www.fppc.ca.gov/index.php?id=545
Fair Employment and Housing
Commission
Precedential
Decisions
Print: KFC 572.A55 C3 6th Floor Stacks [1978-2002]
Online: http://www.fehc.ca.gov/act/decision.asp [2000-2010]
Industrial Accident Commission
California Compensation
Cases (all decisions of the Supreme and Appellate
courts in cases originating from the Industrial Accident Commission [1936-2009] & the Industrial Accident Board Decisions [1911-1935])
Print: KFC 592.A553 6th Floor Stacks
Office of Administrative Law
Determinations
Determinations (Contains OAL determinations as to whether a particular agency rule
is in fact a regulation that should have been, but was not, adopted in compliance with the procedural requirements of the APA (Administrative Procedure Act). These are also known as "Underground Regulations".)
Print: KFC780.A29C34. 6th Floor Stacks [April 1986-2001, no.12]
Online: http://www.oal.ca.gov/Determination.htm [1986-2003, 2006-current]
*Determinations were not issued 2003-2005.
Emergency Regulations at http://www.oal.ca.gov/Emergency_Regs.htm
Public Employee Retirement
System
Precedential Board Decisions [1998-2009]
Online: http://www.calpers.ca.gov/index.jsp?bc=/about/leg-reg-statutes/board-decisions/home.xml
Public Employment Relations
Board
Decisions
Print: KFC658.A55 6th Floor Stacks
[1976-current]
Online: http://www.perb.ca.gov/decisionbank/ [1976-current]
Public Utilities Commission
Decisions of the
Public Utilities Commission of the State of California [1948-current] (continues the decisions of the Railroad Commission [1911-1947] [KFC455.A552 6th Floor Stacks])
Print: KFC455.A554 6th Floor Stacks
Online: http://www.cpuc.ca.gov/puc/documents/ [June 2000-current]
State Bar Ethics
Opinions [1965-current]
Online: http://ethics.calbar.ca.gov/
State Board of
Equalization
Formal Opinions [1930-current] & Memorandum Opinions [1967-current]
Online
at http://www.boe.ca.gov/legal/legalopcont.htm.
State Personnel
Board
Precedential Decisions [1991-current]
Online: http://spb.ca.gov/legal/decisions/precedential_decisions.htm.
Contract Decisions (informational only)
Online: http://spb.ca.gov/legal/decisions/spbboard_decisions.htm.
State Water Resources Control Board
Decisions [1924-current], Orders [1961-current] & Resolutions [1967-current]
Online: http://www.waterboards.ca.gov/board_decisions/adopted_orders/index.shtml
Print: KFC791.A557 6th Floor Stacks Decisions [1905-2000]
Print: KFC790.A554 6th Floor Stacks Orders [1970-1993,
1995-2001]
State Water Resources Control Board. Division of Water Rights
Division Decisions
Online: http://www.waterboards.ca.gov/waterrights/water_issues/programs
/applications/division_decisions/ [1999-current]
Print: KFC791.A557 C3 6th Floor Stacks [1999-2000]
Unemployment Insurance Appeals Board
Precedent Decisions:
Benefit, Ruling, Tax, and Disability
Print: KFC596.A56 U5 6th Floor Stacks [1968-1992]
Online: http://www.cuiab.ca.gov/precedent_decisions.shtm [1944-current]
Victim Compensation and Government Claims Board
Regulations and Index to Precedent Decisions
Online: http://www.vcgcb.ca.gov/law/regs.aspx
Index to Precedent Decisions [2001-current]
Online: http://www.vcgcb.ca.gov/board/precedent/default.aspx
Workers' Compensation
Appeals Board En Banc Decisions [1997-current]
Online: http://www.dir.ca.gov/WCAB/wcab_dars.htm
Workers' Compensation Insurance
Rating Bureau
Current Manuals for rates, rules, regulations, and classifications
Online: https://wcirbonline.org/wcirb/
Online Databases:
Check the California administrative materials libraries in Lexis (under California Administrative Files) and in Westlaw (under California Administrative Law) for the names of the individual databases and dates of coverage for administrative appeals board rulings and decisions.
Not all agencies publish their decisions. For a listing of agencies which do publish their decisions, see Martin, Henke's California Law Guide, 8th edition, p.235-p.236. [KFC 74.H46 2006 Reference Desk]
Opinions of the California Attorney General:
The Opinions of the California
Attorney General (Department of Justice) from 1943 - current are available
in the 4th Floor reading Room [KFC780.A55].
Lexis has the Attorney General's opinions from January 1960-current
(STATE;CAAG).
Westlaw
has the Attorney General's opinions from January 1977-current (CA-AG).
The Attorney General's office has posted full text Opinions
of the California Attorney General
from 1986-current.
Attorney General opinions from 1852-1942 were not published officially,
but are available on microfilm.
KF 5406.A619 A88 Micrographics Room - Cabinet 44
Finding Superseded Regulations and Regulatory History:
The California Code of Regulations and Barclay's Official California Code of Regulations may be used to find changes made 1977-current.
One way to find changes is to check the History note at the end of the
section. Note the year and register number (e.g. 1992 reg 24). If the
note is not at then end of the section, try the end of the preceding section,
the end of the first section in the article, or the end of the first section
in the title. You can use the history note to find out the effective date
of the regulation, and to get references to earlier versions of the regulation.
You can then look up these references in the appropriate year of the CCR.
Sometimes this works perfectly. However, not all regulatory changes make
it into the notes. If you can't find the earlier references this way,
try the next hint.
Hint: Use the effective date(s) of your regulation to review the
entries in the appropriate Regulatory Code Supplement. Use the
references to the sections affected to locate the previous citation for
your regulation, and then look at the official version of the regulation
in the appropriate year of the CCR. Work backwards in the Regulatory
Code Supplement for each earlier incarnation of the regulation.
There is also a handwritten guide to the register of all the changes made to each title, by agency, from 1945 to 1990. Legislative Research, Inc. has made these handwritten cards available online. It's called the Magic Drawer. The only searchable text is the title information (search = Title 13). Then review the card entries. The entries do not list individual regulations, so you will have to search each register to see if your regulation was affected. However, you can cross-reference the card entries with the list of changes you have found with your previous search.
California Code of Regulations (and its predecessor, the California Administrative Code) from previous years may be found in Micrographics, KFC35 .A2 1945- current. (Cabinets 22-23).
The California Regulatory Code Supplement (Digest of New Regulations)
(previously called the California Administrative Code Supplement)
KFC 35 .A22 4th Floor Stacks [1995-current]; Micrographics -
Cabinets 22 -23 [1945-current]
The binder contains the official register of changes to the administrative
code. The weekly updates include the full text of all regulations filed
during that week with the Secretary of State, as well as a list of the
sections affected by the newly published regulation. Just to confuse the
issue, this publication is sometimes officially referred to as the Register.
Hint: If you are using the microfiche set, the Regulatory Code Supplement for each year is located behind the tab marked "Register."
[Note: for the years 1988-1990, you can also check the volumes marked CCR Decisions (KFC25.A2) in the 4th Floor Stacks. Some additional information about your regulation may have been separately published in these volumes.]
The UMI Comprehensive Index (Comprehensive Index, California Code of Regulations) may be useful for finding the changes to a particular section from 1981 to 1999 (ceased). The volumes are shelved in the Micrographics Room (KFC 35.A24).
The California Regulatory Notice Register (Z Register) KFC 35.A23
4th Floor Stacks [1979 - CURRENT].
This additional weekly publication is published by the State Office of
Administrative Law. It includes all proposed regulatory changes within
state agencies, as well as disapproval decisions, regulations filed with
the Secretary of State, CCR Changes with the Secretary of State (title
and section changes), and agency contact information. There is no index,
so you will need to scan the table of contents in each issue to check
for proposed changes. The current year's publications are kept in a white
binder at the end of the bound volumes.
Barclay's Law Library KFC57.B32
6the Floor Stacks [1990-1996, ceased]
Changes enacted between 1990-1996 are arranged by broad subjects. Listings
of related court cases and affected California Code sections are also
included.
Review policy briefs and agency reports: the
California Research Bureau
(1991-current) is part of the California State Library; it provides nonpartisan
research as requested and its published reports are available online.
The Legislative
Analyst's Office has a searchable
bank of policy reports. The Legislative
Counsel's Agency Reports
provide information about reports by various state and local agencies.
Call the Agency: The Public Records Act (Government Code §
6250 et seq.) sets out procedures for public access to rulemaking
files. You can consult the agency or its legal department and request
rulemaking files.
Using Other Outside Sources:
San Francisco Public Library (100 Larkin Street) http://sfpl.org/ Holdings include the CCR from 1990 - current and the Z Register from 1988 - current. The Public Library is an official state depository, so they hold many published agency decisions.
San Francisco Law Library (Van Ness and McAllister/ fourth floor, War Memorial Building) http://sflawlib.ci.sf.ca.us/ Holdings include the CCR from 1945 - current, and the Z Register from 1982 - current The SFLL does not hold any published agency decisions.
California Office of Administrative Law http://www.oal.ca.gov/ The process by which rules become regulations is governed by the Administrative Procedure Act (Government Code 11340 et. Seq.) (available online at http://www.oal.ca.gov/Administrative_Procedure_Act.htm.) For more information on Administrative Procedures, call the Office of Administrative Law Reference Attorney at 916-323-6815 or email staff@oal.ca.gov
Go to the Agency's Web Page: Agencies frequently have information about their policies, procedures, guidelines, and emergency regulations online. An example is at the Department of Toxic Substance Control at http://www.dtsc.ca.gov/
Last updated September 1, 2011.
Prepared by Susan Nevelow Mart, Reference Librarian.
Updated by Grace Takatani, Reference Librarian.