The Nuts and Bolts of Rulemaking and Regulations

Heather Hoganson, Of Counsel, recently presented at Sacramento County Public Law Library on the nuts and bolts of rulemaking. Along with the Honorable Stephen J. Smith, she helped state employees understand how to draft and implement, or repeal, regulations related to their work. We want to share some of that information with you. If this intrigues you, let us know and we will send you a full copy of the presentation for free!
Heather started by mentioning that once a state statute is repealed, relevant regulations may also be repealed. Sometimes, this may be necessary to then implement new regulations that appropriately reflect current law. If there’s an emergent situation, there is a method to implementing emergency regulations. These are only temporary, require statutory authority and go into effect within days of notice.
Heather also covered the process of drafting a regulation including recommendation that you use plain English to ensure you are in compliance with the Clarity Standard. When in the drafting process, consider 4 questions:

  • Do you have authority?
  • Are you referencing law being implemented?
  • Can you show a necessity?
  • Are you consistent/non-duplicative?

You will also want to ensure you adhere to the deadlines on the rulemaking calendar and adjust your timelines appropriately. Heather also includes some practical considerations for adjusting your calendar to ensure deadlines are not missed and submissions are made at the most opportune times.
Once the drafting phase is complete, you move into the notice and public hearing phase. This phase will include substantial planning, and initial statement of reasons and multiple forms. Additionally, you will need to be prepared to actually hold a public hearing and be prepared to properly record that hearing. After the hearing, you will need to consider comments and present your final statement of reasons. Think you’re done now? Almost.
After you have completed all of the requirements for drafting and public hearing, you should be ready to submit to the Office of Administration Law for approval. We have some practical tips on compliance with rulemaking requirements as well as some tips on what to expect during this phase of the process.
Our firm has expertise in guiding clients through the rulemaking process, objecting to regulations that adversely impact their business, and even challenging improper regulations.
Want a copy of our presentation to understand more details of the process? Email us to request a copy. Questions on how this process works? Give us a call.