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The California Code of Regulations (CCR, Cal. Code Regs.) is the codification of the general and permanent rules and regulations (sometimes called
administrative law Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as " regulations"), ...
) announced in the '' California Regulatory Notice Register'' by California state agencies under authority from
primary legislation Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democra ...
in the California Codes. Such rules and regulations are reviewed, approved, and made available to the public by the Office of Administrative Law (OAL), and are also filed with the Secretary of State. The CCR consists of 28 titles and contains the regulations of approximately 200 regulatory agencies. Title 24, the California Building Standards Code, is not maintained by the OAL but by the California Building Standards Commission. It has been alleged that the regulations have substantial portions under
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
(''e.g.'', Title 24, the California Building Standards Code), but Title 24, California Code of Regulations, though administered and authored by the Building Standards Commission of the State of California,including the building, residential, electrical, mechanical, plumbing, energy, historical building, fire, existing building, green building, and referenced standards codes applicable in the state of California along with the standards incorporated by reference into these codes, is considered to be in the public domain. In Veeck v. SBCCI, the 5th Circuit of the United States Court of Appeals ruled: The regulations have the
force In physics, a force is an influence that can change the motion of an object. A force can cause an object with mass to change its velocity (e.g. moving from a state of rest), i.e., to accelerate. Force can also be described intuitively as a ...
of
California law The law of California consists of several levels, including constitutional, statutory, and regulatory law, as well as case law. The California Codes form the general statutory law, and most state agency regulations are available in the California ...
. Some regulations, such as the California Department of Social Services Manual of Policies and Procedures concerning welfare in California, are separately published (''i.e.'', "available for public use in the office of the welfare department of each county"). Its role is similar to the ''
Code of Federal Regulations In the law of the United States, the ''Code of Federal Regulations'' (''CFR'') is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the federal government of the United States. ...
''. Unlike the ''
Federal Register The ''Federal Register'' (FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on fed ...
'', California regulations are not normally published in the ''Notice Register'', meaning that until they are codified in the CCR they must be obtained from the individual agencies or elsewhere.


History

The CCR's predecessor, the California Administrative Code (CAC), resulted from efforts that began in 1941 to codify the growing body of state regulations. In 1988, the Legislature renamed the CAC to the CCR to reduce confusion with the enacted statutory codes. The OAL contracts with Barclays, a division of Thomson Reuters, to provide a free online version of the official CCR, which is currently provided on the Web through a Westlaw-based interface. In 2008, Carl Malamud published title 24 of the CCR, the California Building Standards Code, on Public.Resource.Org for free, even though the OAL claims publishing regulations with the force of law without relevant permissions is unlawful. In March 2012, Malamud published the rest of the CCR on law.resource.org. In February 2013
California State Assemblyman The California State Assembly is the lower house of the California State Legislature, the upper house being the California State Senate. The Assembly convenes, along with the State Senate, at the California State Capitol in Sacramento. The Ass ...
Brian Nestande Brian Nestande (born January 10, 1964) is a consultant who was a Republican California State Assemblyman representing the 42nd district. Early life, education, and early political career Brian Nestande grew up in a political family. His father ...
(R- 42) introduced AB 292 that would mandate the CCR be published under a
Creative Commons license A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted "work".A "work" is any creative material made by a person. A painting, a graphic, a book, a song/lyric ...
.


Procedure

Regulations are reviewed, approved, and made available to the public by the California Office of Administrative Law (OAL) pursuant to the California Administrative Procedure Act (APA). The California Regulatory Notice Register contains notices of proposed regulatory actions by state regulatory agencies to adopt, amend, or repeal regulations contained in the CCR. A state agency must complete its rulemaking and submit the rulemaking file to OAL within one year of the date of publication of a Notice of Proposed Action in the Notice Register. The OAL publishes the Notice Register every Friday.


List of regulation titles

* Title 1: General Provisions * Title 2: Administration * Title 3: Food and Agriculture * Title 4: Business Regulations * Title 5: Education * Title 6: Governor's Regulations (empty) * Title 7: Harbors and Navigation * Title 8: Industrial Regulations * Title 9: Rehabilitative and Developmental Services * Title 10: Investment * Title 11: Law * Title 12: Military and Veterans * Title 13: Motor Vehicles * Title 14: Natural Resources * Title 15: Crime Prevention and Corrections * Title 16: Professional and Vocational Regulations * Title 17: Public Health * Title 18: Public Revenues * Title 19: Public Safety * Title 20: Public Utilities and Energy * Title 21: Public Works * Title 22: Social Security * Title 23: Waters * Title 24: California Building Standards Code * Title 25: Housing and Community Development * Title 26: Toxics * Title 27: Environmental Protection * Title 28: Managed Health Care


See also

* '' California Regulatory Notice Register'' * Law of California * ''
Code of Federal Regulations In the law of the United States, the ''Code of Federal Regulations'' (''CFR'') is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the federal government of the United States. ...
''


References


External links

*
California Code of Regulations
from Westlaw
California Code of Regulations
from Public.Resource.Org
California Code of Regulations
from Google Code {{DEFAULTSORT:Code of Regulations California administrative law
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the ...
Publications of the Government of California Government databases in the United States Online law databases