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Challenging Agency Regulations through Defects in the Rule-making Process

California law requires administrative agencies to comply with the California Administrative Procedure Act (“APA”) (Government Code §§ 11340, et seq.) when adopting regulations.  A regulation that does not go through this process is called an “underground regulation” and is subject to legal challenge in the courts.  Further, a regulation that makes it through this process, but results from some deficiency in the process may also be invalid and subject to challenge in court. (more…)

By Steven L. Simas, ago