THE PROCEDURE FOR RULEMAKING
Every department, division, office, officer, bureau, board or commission in the executive branch of California state government must follow the rulemaking procedures in the Administrative Procedure Act (Government Code § 11340 et seq.) The Government Code is available at http://www.leginfo.ca.gov/calaw.htm. Rulemaking must also comply with regulations adopted by the Office of Administrative Law (OAL) (California Code of Regulations, Title 1, §§ 1-120; http://ccr.oal.ca.gov/) unless expressly exempted by statute from some or all of these requirements.
IT’S MANDATORY Compliance with the rulemaking requirements of the Administrative Procedure Act is mandatory. (Armistead v. State Personnel Board.) All regulations are subject to the APA, unless expressly exempted by statute. (Engelmann v. State Board of Education.) Any doubt as to the app-licability of the APA should be resolved in favor of the APA. (Grier v. Kizer.) If a 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. (SWRCB v. OAL.)