California Code of Regulations (CCR)
California Code of Regulations (CCR) is the reference for the regulations formally adopted by state agencies, reviewed and approved by the Office of Administrative Law (OAL), and filed with the Secretary of State. The Office of Administrative Law is the California agency responsible for carrying out the ruelmaking part of the California Administrative Procedure Act which requires California state agencies to adopt regulations in accordance with the provisions of the California Legislature. The CCR consists of 28 titles and contains the regulations of approximately 200 regulatory agencies. Title 17 has application to breath alcohol, blood alcohol and urine alcohol testing.
CCR FAQ's
- A regulation is a rule adopted by a California state regulatory agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure.
- California regulations published in the California Code of Regulations have been legally adopted, filed with the Secretary of State, and have the force of California law.
- A California regulation is adopted by a state regulatory agency, approved by OAL, and filed with the Secretary of State. A statute is passed by the Legislature and signed by the Governor (or is approved by the voters as a ballot measure).
- A California agency obtains its power to adopt regulations from California statutes. This authority is cited at the end of each regulation.
- Written copy of regulations can be referenced at the offices of County Clerks or County Law Libraries and 100 state depository libraries. Certified copies of regulations are available at the State Archives in the Office of the Secretary of State which can be contacted at 916-653-7715.
About the Rulemaking Process
- Agencies adopting regulations are required to follow the procedures set forth in the Administrative Procedure Act. TheAdministrative Procedure Act (APA) sets forth the procedures state agencies must follow when adopting regulations. See Government Code section 11340-11359. Among other requirements, the Government Code requires state agencies to give public notice, to receive and consider public comments, to submit regulations and rulemaking files to the Office of Administrative Law for review to ensure compliance with the requirements of the APA, and to have the regulations published in the California Code of Regulations.
- Most California State agencies must comply with the APA. However, an agency may be exempt by statute from complying with the procedures in the APA. If an agency is to comply with the APA but does not, the regulations it has adopted are invalid. Such regulations are commonly referred to as "underground regulations."
The Office of Administrative Law (OAL)
- In 1979, the California Legislature created the Office of Administrative Law (OAL) to ensure state agency regulations are authorized by statute, consistent with other law, and written in a comprehensive manner, as provided in the rulemaking part of California’s Administrative Procedure Act (Government Code Sections 11340 through 11359). In addition to its regulatory review program, OAL responds to requests for determination of whether a California state agency rule meets the statutory definition of a "regulation," and if so, whether the rule should have been, but was not, adopted pursuant to the requirements of the Administrative Procedure Act.