Question

ALL of the following are TRUE regarding the process to change the California Code of Regulations EXCEPT

1.the Office of Administrative Law (OAL) may substitute its own judgment for that of the rulemaking agency.
2.the Administrative Procedure Act requires a minimum of 45 days for comments regarding the proposed changes.
3 the Agency may decide to change its initial proposal in response to public comments or on its own initiative after the initial public comment period.
4 the Emergency Rulemaking Process and the Regular Rulemaking Process are separate requiring different standards and procedures for proposed changes.

Answer 1

The Office of Administrative Law does not have the authority to substitute its own judgment for that of the rulemaking agency. The Administrative Procedure Act requires a minimum of 45 days for comments. The agency may change its initial proposal based on public comments or on its own initiative. The Emergency Rulemaking Process and Regular Rulemaking Process have different standards and procedures.

Step-by-step explanation:

The Office of Administrative Law (OAL) may substitute its own judgment for that of the rulemaking agency. This statement is FALSE. The OAL does not have the authority to substitute its own judgment for that of the rulemaking agency.

The Administrative Procedure Act requires a minimum of 45 days for comments regarding the proposed changes. This statement is TRUE.

The agency may decide to change its initial proposal in response to public comments or on its own initiative after the initial public comment period. This statement is TRUE.

The Emergency Rulemaking Process and the Regular Rulemaking Process are separate requiring different standards and procedures for proposed changes. This statement is TRUE.