Apa

[Codee]

http://www.oal.ca.gov/What%20Is%20A%20Regulation.pdf
Roth v. Department of Veteran Affairs (1980) 110 Cal.App.3d 622, 167 Cal.Rptr. 552 (noncontractual rule requiring Cal-Vet borrowers to pay late charges was subject to APA because it was a standard of general application, i.e., applied to all members of a class, kind, or order).

Could borrowers and "drivers" be the of the same nature?

http://www.oal.ca.gov/What%20Is%20A%20Regulation.pdf
State Water Resources Control Board v. OAL (1993) 12 Cal.App. 4th 697, (if an agency rule looks like a regulation, reads like a regulation, and acts like a regulation, it will be treated by the courts as a regulation whether or not the issuing agency so labeled it).

http://www.oal.ca.gov/What%20Is%20A%20Regulation.pdf
Faulkner v. Calfornia Toll Bridge Authority (1953) 40 Cal.2d 317 (standard of general application applies to all members of any open class).

http://www.oal.ca.gov/What%20Is%20A%20Regulation.pdf
Engelmann v. State Board of Education (1991) 2 Cal.App. 4th 47, 3 Cal.Rptr. 2d 264 (agencies need not adopt as regulations those rules contained in a statutory scheme which the Legislature has already established; but to the extent that any of the agency rules depart from, or embellish upon, express statutory authorization and language, the agency will need to promulgate regulations).

[Codee]

http://www.oal.ca.gov/Petition%20Exp...structions.pdf
STATE OF CALIFORNIA
ARNOLD SCHWARZENEGGER, Governor
OFFICE OF ADMINISTRATIVE LAW
300 Capitol Mall, Suite 1250
Sacramento, CA 95814
(916) 323-6225 FAX (916) 323-6826
WILLIAM L. GAUSEWITZ
Director
How to File a Petition with OAL
To Challenge an Underground Regulation
Overview
With few exceptions, state agencies are required to adopt regulations to enforce or
implement the laws which they administer. These regulations must be adopted through
procedures established by the Administrative Procedure Act (APA), which begins at
section 11340 of the California Government Code. On occasion, an agency may
attempt to enforce a rule that it is required to adopt formally pursuant to the APA, but
which it did not adopt formally. Such a rule is called an “underground regulation”.
Section 11340.5 of the Government Code makes it illegal for a state agency to use an
underground regulation.
If you feel that a state agency is enforcing an underground regulation, you may submit a
petition to the Office of Administrative Law (OAL) asking us to determine whether or not
the agency is complying with section 11340.5.
Once OAL receives your petition, we will evaluate it and contact the agency involved.
We may contact you for additional information, if necessary. If OAL accepts your
petition, we will issue our written opinion as to whether the rule is or is not an
underground regulation. We may also try to resolve the matter without issuing a formal
opinion, perhaps by obtaining the agency’s agreement to change its practices or to
adopt the disputed rule through formal rulemaking.
OAL may also decide not to accept your petition. If so, this has no legal significance. A
decision not to accept a petition does not imply that the petition lacks merit. It may
mean nothing more than that OAL does not have adequate staff to respond to the
petition within the time limits set by our regulations.
Petition Content Requirements
In order to maximize our ability to evaluate petitions, we require each petition to contain
a significant amount of specific information. There are no precise form requirements for
providing this information, but you should try to be as clear and easily understandable
as possible.

......................

[Big Al]

Perhaps you can help me understand how traffic courts have the authority to enforce the APA rules? What you mentioned about APA rules does that in anyway deviate from the model APA? As far as not being specific about who the rules apply to as to class?

[Codee]

California Government Code
11340. The Legislature finds and declares as follows:
(a) There has been an unprecedented growth in the number of administrative regulations in recent years.
(b) The language of many regulations is frequently unclear and unnecessarily complex, even when the complicated and technical nature of the subject matter is taken into account. The language is often confusing to the persons who must comply with the regulations.
(c) Substantial time and public funds have been spent in adopting regulations, the necessity for which has not been established.
(d) The imposition of prescriptive standards upon private persons and entities through regulations where the establishment of performance standards could reasonably be expected to produce the same result has placed an unnecessary burden on California citizens and discouraged innovation, research, and development of improved means of achieving desirable social goals.
(e) There exists no central office in state government with the power and duty to review regulations to ensure that they are written in a comprehensible manner, are authorized by statute, and are consistent with other law.
(f) Correcting the problems that have been caused by the unprecedented growth of regulations in California requires the direct involvement of the Legislature as well as that of the executive branch of state government.
(g) The complexity and lack of clarity in many regulations put small businesses, which do not have the resources to hire experts to assist them, at a distinct disadvantage.

Well This is how I feel too. For once we see almost eye to eye, me and the legislature.

Big Al. I do not believe there is a statute in California creating a "traffic court." I may be wrong but I am pretty sure that the "traffic courts" exist as a rule of court of the superior court. We have no more municipal courts either. I would be interested in seeing a statute creating a "traffic court" in california. JRB, Shoonra? Do you guys know it?

[Codee]

[indent]
11340.1. (a)...
It is the intent of the Legislature that neither the Office
of Administrative Law nor the court should substitute its judgment for that of the rulemaking agency as expressed in the substantive content of adopted regulations. It is the intent of the Legislature that while the Office of Administrative Law will be part of the executive branch of state government, that the office work closely with, and upon request report directly to, the Legislature in order to accomplish regulatory reform in California.[indent]

Which court are they talking about? Should not it be "any court?"

[Codee]

11342.600.
(d) Any interested person may obtain judicial review of a given determination by filing a written petition requesting that the determination of the office be modified or set aside. A petition shall be filed with the court within 30 days of the date the determination is published.
(e) A determination issued by the office pursuant to this section shall not be considered by a court, or by an administrative agency in an adjudicatory proceeding if all of the following occurs:
(1) The court or administrative agency proceeding involves the party that sought the determination from the office.
(2) The proceeding began prior to the party's request for the office's determination.
(3) At issue in the proceeding is the question of whether the guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule that is the legal basis for the adjudicatory action is a regulation as defined in Section 11342.600.

This all sounds so familliar... Have I already wrote this?

[Codee]

11344.9. (a) Whenever the term "California Administrative Code" appears in law, official legal paper, or legal publication, it means the "California Code of Regulations."
(b) Whenever the term "California Administrative Notice Register" appears in any law, official legal paper, or legal publication, it means the "California Regulatory Notice Register."
(c) Whenever the term "California Administrative Code Supplement" or "California Regulatory Code Supplement" appears in any law, official legal paper, or legal publication, it means the "California Code of Regulations Supplement."

This is unconstitutional as it attempts to ammend by substitution.

[Big Al]

My question in all this crapola is where is the constitutional language that made all this APA crap ok, as a substitute for the constitution of any state. Considering the only political trust deed from the people is the constitution of each state.