Agency Rulemaking Petition - California

PETITION FOR AGENCY RULEMAKING — CALIFORNIA

COVER LETTER

[__/__/____]

[________________________________]
[Agency Director / Secretary / Board Chair]
[________________________________]
[Agency / Department / Board Name]
[________________________________]
[Street Address]
[________________________________]
[City, California ZIP Code]

Re: Petition for Rulemaking Pursuant to Government Code § 11340.6 — Request to [____] Adopt [____] Amend [____] Repeal Regulation(s) Concerning [________________________________]

Dear [________________________________]:

Enclosed please find the formal Petition for Rulemaking submitted pursuant to California Government Code Section 11340.6 by [________________________________] ("Petitioner"). This petition respectfully requests that [________________________________] ("the Agency") initiate rulemaking proceedings to [adopt/amend/repeal] regulations concerning [________________________________].

Under Government Code § 11340.6, any interested person may petition a state agency requesting the adoption, amendment, or repeal of a regulation. Under Government Code § 11340.7, the Agency must notify the Petitioner in writing within thirty (30) days of receipt of the petition, and any denial must include written reasons for the decision. The Agency's decision on the petition must be transmitted to the Office of Administrative Law (OAL) for publication in the California Regulatory Notice Register.

Petitioner requests that the Agency acknowledge receipt of this petition and provide written notification of its decision within the statutory timeframe.

Please direct all correspondence regarding this petition to:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Respectfully submitted,

_________________________________________
[Petitioner Name / Authorized Representative]
[Title / Position]
[Organization, if applicable]

FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________]

STATE OF CALIFORNIA

PETITION FOR [____] ADOPTION [____] AMENDMENT [____] REPEAL OF REGULATION

Petition No.: [________________________________] (assigned by agency)
Date Filed: [__/__/____]

I. PETITIONER INFORMATION

Petitioner's Interest in the Proposed Rulemaking:

[________________________________]
[________________________________]
[________________________________]

☐ Petitioner is an individual directly affected by the existing or proposed regulation
☐ Petitioner is a business entity regulated by the Agency
☐ Petitioner is a trade or professional association representing affected members
☐ Petitioner is a nonprofit or advocacy organization with a stated interest
☐ Petitioner is a local government entity
☐ Petitioner is a labor organization representing affected workers
☐ Petitioner is a licensee or permittee of the Agency
☐ Other interest: [________________________________]

II. STATUTORY AUTHORITY FOR PETITION

This petition is filed pursuant to California Government Code § 11340.6, which provides:

"Any interested person may petition a state agency requesting the adoption, amendment, or repeal of a regulation as provided in Article 5 (commencing with Section 11346), except where the right to petition is restricted by the statute to a designated group or where the form of the procedure for petition is otherwise prescribed by statute."

Required Petition Contents Under § 11340.6:

The petition must state clearly and concisely:

1. The substance or nature of the regulation, amendment, or repeal requested
2. The reason for the request
3. Reference to the authority of the state agency to take the action requested

Agency Response Requirements Under § 11340.7:

• Within 30 days: written notification of receipt and decision
• Denial must be in writing with reasons
• If not denied: the agency must schedule the matter for public hearing
• Decision must be transmitted to OAL for publication in the California Regulatory Notice Register

The Agency possesses rulemaking authority under:

1. Organic Statute: [________________________________]
2. Specific Rulemaking Grant: [________________________________]
3. Subject-Matter Authority: [________________________________]

III. IDENTIFICATION OF REGULATION AT ISSUE

Type of Action Requested:

☐ Adoption of a new regulation
☐ Amendment of an existing regulation
☐ Repeal of an existing regulation
☐ Amendment and partial repeal of an existing regulation

Existing Regulation (if amendment or repeal):

Subject Area for New Regulation (if adoption):

[________________________________]
[________________________________]

IV. SUBSTANCE OR NATURE OF THE REGULATION REQUESTED

(Required element under Gov. Code § 11340.6)

A. Description of Proposed Regulatory Action

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Current Problem or Deficiency

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. How the Proposed Action Addresses the Problem

[________________________________]
[________________________________]
[________________________________]
[________________________________]

D. Consequences of Inaction

[________________________________]
[________________________________]
[________________________________]

V. REASON FOR THE REQUEST

(Required element under Gov. Code § 11340.6)

A. Policy Justification

[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Legal Necessity

[________________________________]
[________________________________]
[________________________________]

C. Practical Need

[________________________________]
[________________________________]
[________________________________]

D. Public Benefit

[________________________________]
[________________________________]
[________________________________]

VI. AUTHORITY OF THE AGENCY TO TAKE THE ACTION REQUESTED

(Required element under Gov. Code § 11340.6)

A. Statutory Authority

The Agency derives its rulemaking authority from the following statutes:

1. Authority Citation: [________________________________]
   Scope: [________________________________]

2. Authority Citation: [________________________________]
   Scope: [________________________________]

3. Authority Citation: [________________________________]
   Scope: [________________________________]

B. Reference Citations

The following statutes are implemented, interpreted, or made specific by the proposed regulation:

1. [________________________________]
2. [________________________________]
3. [________________________________]

(Note: California rulemaking requires both "authority" citations — the statutes granting rulemaking power — and "reference" citations — the statutes that the regulation implements, interprets, or makes specific.)

VII. PROPOSED REGULATORY TEXT

Petitioner proposes the following regulatory language (or substantially similar language achieving the same purposes):

For New Regulations or Amendments — Proposed Text:

Title [____], Division [____], Chapter [____], Article [____]

§ [________________________________]. [Title of Regulation]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

For Amendments — Redline Showing Changes to Existing Text:

(Strikethrough indicates deletions; underline indicates additions)

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

For Repeal:

Petitioner requests the repeal in its entirety of [____] Cal. Code Regs. § [________________________________], effective [________________________________].

VIII. LEGAL AUTHORITY ANALYSIS

A. Compliance with APA Standards

Under the California APA, regulations must satisfy the following standards enforced by OAL:

☐ Necessity — The regulation is reasonably necessary to carry out the purpose of the statute it implements (Gov. Code § 11349(a))
☐ Authority — The regulation is within the scope of authority conferred by law (Gov. Code § 11349(b))
☐ Clarity — The regulation is written so that its meaning can be easily understood (Gov. Code § 11349(c))
☐ Consistency — The regulation is not in conflict with existing law (Gov. Code § 11349(d))
☐ Reference — The regulation identifies the statutes it implements (Gov. Code § 11349(e))
☐ Nonduplication — The regulation does not unnecessarily duplicate existing law (Gov. Code § 11349(f))

Explanation of Compliance:

[________________________________]
[________________________________]
[________________________________]

B. Constitutional Considerations

[________________________________]
[________________________________]

C. Federal Preemption Analysis

☐ No federal preemption issues exist
☐ Federal preemption analysis is attached (Exhibit [____])

[________________________________]
[________________________________]

D. Consistency with Other State Regulations

[________________________________]
[________________________________]

IX. IMPACT ANALYSIS

A. Economic Impact Assessment

(Under Gov. Code § 11346.3, agencies must assess economic impact. Providing this analysis in the petition anticipates the statutory requirement.)

B. Small Business Impact

[________________________________]
[________________________________]
[________________________________]

Number of small businesses potentially affected: [________________________________]
Nature of impact on small businesses: [________________________________]
Proposed alternatives to reduce small business burden: [________________________________]

(Note: Under Gov. Code § 11346.3, agencies must assess the potential for adverse economic impact on California business enterprises and individuals, including small businesses.)

C. Impact on California Businesses Competing with Out-of-State Businesses

[________________________________]
[________________________________]

D. Fiscal Impact on State and Local Government

[________________________________]
[________________________________]

E. Environmental Impact

[________________________________]
[________________________________]

☐ The proposed regulation is not subject to CEQA
☐ The proposed regulation may require CEQA analysis (explain below)

[________________________________]

X. PUBLIC INTEREST ARGUMENTS

1. Public Health and Safety: [________________________________]

2. Consumer Protection: [________________________________]

3. Environmental Protection: [________________________________]

4. Worker Safety and Welfare: [________________________________]

5. Economic Development: [________________________________]

6. Government Efficiency and Transparency: [________________________________]

7. Alignment with Legislative Intent: [________________________________]

8. Consistency with Federal Requirements: [________________________________]

9. Reduction of Regulatory Burden: [________________________________]

XI. SUPPORTING EVIDENCE AND EXHIBITS

☐ Technical or scientific studies
☐ Economic impact data and cost-benefit analysis
☐ Stakeholder letters of support
☐ Comparative analysis of other state approaches
☐ Federal regulatory guidance or requirements
☐ Draft regulatory text markup / redline
☐ Legislative history or committee analyses
☐ OAL decisions on related regulations
☐ Standardized Regulatory Impact Assessment (SRIA) data (if major regulation)

XII. REQUEST FOR RELIEF

Petitioner respectfully requests that [________________________________] ("the Agency"):

1. Acknowledge receipt of this petition pursuant to Government Code § 11340.7;

2. Within thirty (30) days of receipt, provide written notification of the Agency's decision as required by § 11340.7;

3. If the petition is not denied:
   - (a) Schedule the matter for public hearing,
   - (b) Initiate rulemaking proceedings in accordance with Gov. Code § 11346 et seq., and
   - (c) Prepare an Initial Statement of Reasons as required by § 11346.2;

4. If denying the petition in whole or in part:
   - (a) Provide written reasons for the denial as required by § 11340.7, and
   - (b) Transmit the decision to the Office of Administrative Law for publication in the California Regulatory Notice Register;

5. Consider the proposed regulatory text set forth in Section VII or substantially similar language; and

6. Provide Petitioner with copies of all agency actions taken in response to this petition.

XIII. VERIFICATION AND SIGNATURE

I, [________________________________], declare under penalty of perjury under the laws of the State of California that the statements in this petition are true and correct to the best of my knowledge and belief.

Executed on [__/__/____] at [________________________________], California.

_________________________________________
Signature

_________________________________________
Printed Name

_________________________________________
Title / Position

_________________________________________
Organization (if applicable)

CALIFORNIA FILING INSTRUCTIONS

Where to File

Filing Methods

☐ U.S. Mail — Send original plus [____] copies to agency address
☐ Hand Delivery — Deliver to agency offices during business hours (request date-stamped receipt)
☐ Certified Mail / Return Receipt — Recommended to establish proof of filing and trigger the 30-day clock
☐ Electronic Filing — Where accepted by the agency; confirm format requirements
☐ Agency Online Portal — Check agency website for electronic submission options

Pre-Filing Checklist

☐ Review the California Code of Regulations (CCR) for existing regulations on the subject
☐ Check the California Regulatory Notice Register for pending rulemaking actions
☐ Search OAL's website for recent regulatory actions by the agency
☐ Verify the agency has rulemaking authority over the subject matter
☐ Confirm the right to petition is not restricted by statute to a designated group
☐ Identify the correct authority and reference citations
☐ Determine if the agency has prescribed a specific petition form
☐ Confirm proper mailing address or filing location
☐ Retain a date-stamped copy of the filed petition
☐ Calendar the 30-day response deadline

AGENCY RESPONSE REQUIREMENTS — CALIFORNIA

Statutory Timeline and Obligations

Under Government Code § 11340.7, when an agency receives a petition for rulemaking:

If the Agency Initiates Rulemaking (Gov. Code § 11346 et seq.)

The California rulemaking process is among the most detailed in the nation:

1. Notice of Proposed Action — Published in the California Regulatory Notice Register at least 45 days before the public hearing or close of written comment period (§ 11346.4)

2. Initial Statement of Reasons — Prepared by the agency describing the purpose and rationale of the proposed regulation (§ 11346.2)

3. Economic Impact Assessment — Assessment of the proposed regulation's effect on California businesses, jobs, and the economy (§ 11346.3)

4. Standardized Regulatory Impact Assessment (SRIA) — Required for "major regulations" (economic impact exceeding $50 million) (§ 11346.3(c))

5. Public Comment Period — At least 45 days for written comments (§ 11346.4)

6. Public Hearing — If requested or at agency discretion

7. Final Statement of Reasons — Addressing all public comments received (§ 11346.9)

8. OAL Review — Final regulation submitted to OAL for review against APA standards (§ 11349.1)

9. Filing with Secretary of State — After OAL approval, the regulation is filed and becomes effective

OAL Review Standards

OAL reviews regulations for compliance with six standards:

1. Necessity — Is the regulation needed to effectuate the purpose of the statute?
2. Authority — Does the agency have legal authority to adopt the regulation?
3. Clarity — Is the regulation clearly written and easily understood?
4. Consistency — Does the regulation conflict with existing law?
5. Reference — Does the regulation properly identify the statutes it implements?
6. Nonduplication — Does the regulation avoid unnecessary duplication of existing law?

Tracking Your Petition

☐ Date petition filed: [__/__/____]
☐ Method of filing: [________________________________]
☐ Proof of receipt obtained: [________________________________]
☐ 30-day response deadline: [__/__/____]
☐ Agency contact for follow-up: [________________________________]
☐ Date of agency response: [__/__/____]
☐ Agency action: ☐ Denied ☐ Granted ☐ Partially granted
☐ OAL publication date (California Regulatory Notice Register): [__/__/____]

APPEAL OF DENIAL

Options After Denial

California law does not provide a direct statutory appeal of a petition denial to a higher administrative body. However, several avenues exist:

A. Request OAL Determination

Under Government Code § 11340.5 and § 11350, any interested person may request that OAL determine whether an existing agency practice or guideline constitutes an "underground regulation" — a regulation that should have been adopted through the APA rulemaking process but was not.

☐ The denied petition involves an agency practice that may constitute an underground regulation
☐ Consider filing a petition with OAL to review the agency's practice

B. Judicial Review

Under Government Code § 11350, any interested person may obtain a judicial declaration as to the validity of any regulation by bringing an action in Superior Court.

Filing Requirements for Judicial Review:

C. Legislative Request

Petitioner may request that a member of the California Legislature direct the agency to consider the rulemaking action, or sponsor legislation requiring the agency to adopt regulations on the subject.

D. Resubmission

There is no statutory prohibition against resubmitting a revised petition that addresses the reasons stated in the agency's denial.

Steps After Denial:

☐ Obtain written denial with reasons from the agency
☐ Verify the decision was transmitted to OAL for publication
☐ Analyze the stated reasons for denial
☐ Consult with an attorney regarding judicial review or alternative approaches
☐ Consider filing an underground regulation petition with OAL (if applicable)
☐ Consider resubmitting a revised petition addressing the denial reasons
☐ Consider legislative alternatives

DOCUMENT CHECKLIST

Required Documents

☐ Cover letter addressed to agency head
☐ Formal Petition for Rulemaking (this document, completed)
☐ Clear statement of substance or nature of the regulation requested (§ 11340.6)
☐ Statement of reasons for the request (§ 11340.6)
☐ Reference to the authority of the agency to take the action requested (§ 11340.6)
☐ Proposed regulatory text (new regulation, amendment redline, or repeal request)
☐ Verification and signature

Recommended Supporting Documents

☐ Economic impact analysis
☐ Small business impact statement
☐ Technical or scientific studies supporting the petition
☐ Letters of support from stakeholders
☐ Comparative analysis of other jurisdictions' regulations
☐ Federal regulatory guidance (if relevant)
☐ Legislative history or policy analysis
☐ Authority and reference citation analysis
☐ OAL standards compliance analysis
☐ CEQA analysis (if environmental impacts anticipated)

Filing Copies

☐ Original petition with original signature
☐ [____] copies for agency files (confirm number with agency)
☐ One copy retained by petitioner with date-stamp or filing confirmation
☐ Electronic copy saved for petitioner's records

PRACTICE TIPS FOR CALIFORNIA RULEMAKING PETITIONS

Before Filing

1. Understand the OAL framework. California has the most comprehensive regulatory oversight system in the country, administered by the Office of Administrative Law. All regulations must satisfy OAL's six review standards. Design the petition and proposed regulatory text to meet these standards from the outset.

2. Identify both authority and reference citations. California uniquely requires two types of statutory citations for every regulation: the "authority" citation (the statute granting rulemaking power) and the "reference" citation (the statute the regulation implements). Include both in the petition.

3. Check for underground regulations. Before filing, determine whether the agency has already adopted guidelines, policies, or interpretive memoranda that function as regulations but were not adopted through the APA process. If so, an underground regulation petition to OAL may be more effective.

4. Review the California Regulatory Notice Register. Published by OAL, the Register contains notices of proposed rulemaking actions, OAL determinations, and agency decisions on petitions. Review recent issues for relevant actions.

5. Contact the agency's regulations coordinator. Most California agencies have designated staff responsible for the rulemaking process. An informal inquiry can reveal agency priorities, pending actions, and preferred petition formats.

Drafting the Petition

6. Address the three required elements explicitly. Government Code § 11340.6 requires three specific items: (1) the substance or nature of the regulation requested, (2) the reason for the request, and (3) reference to the agency's authority. Label each clearly in the petition.

7. Draft text that meets OAL standards. Write the proposed regulatory text to be clear, concise, necessary, consistent with existing law, properly referenced, and non-duplicative. These are the standards OAL will apply if rulemaking proceeds.

8. Include economic impact data. California requires extensive economic analysis during rulemaking, including effects on jobs, businesses, housing costs, and small businesses. Providing this data in the petition strengthens the request and assists the agency.

9. Consider the SRIA threshold. If the proposed regulation would have an economic impact exceeding $50 million, a Standardized Regulatory Impact Assessment will be required. Address this in the petition if applicable.

10. Address CEQA implications. Some regulatory actions may trigger California Environmental Quality Act requirements. Analyze whether the proposed regulation has potential environmental impacts.

After Filing

11. Calendar the 30-day deadline. The agency must provide written notification within 30 calendar days of receipt. Use certified mail to establish the date of receipt and trigger the deadline.

12. Monitor the California Regulatory Notice Register. The agency must transmit its decision (whether granting or denying) to OAL for publication. Check the Register for the agency's published decision.

13. Prepare for the full rulemaking process. If the agency schedules a public hearing, prepare detailed comments and testimony. The California rulemaking process involves multiple stages of public participation.

14. Consider OAL as an ally. OAL serves as an independent check on agency rulemaking. If the agency denies the petition, consider whether an underground regulation petition or other OAL engagement may advance the petition's goals.

15. Maintain meticulous records. California's APA requirements are detailed and procedurally intensive. Document all communications, filings, and agency responses carefully.

SOURCES AND REFERENCES

• Cal. Gov. Code § 11340.6 — Petition for Adoption, Amendment, or Repeal of Regulation
  https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=11340.6

• Cal. Gov. Code § 11340.7 — Agency Response to Petition
  https://codes.findlaw.com/ca/government-code/gov-sect-11340-7/

• Cal. Gov. Code § 11346 et seq. — Rulemaking Procedures
  https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=GOV&division=3.&title=2.&part=1.&chapter=3.5.&article=5.

• Cal. Gov. Code § 11350 — Judicial Review of Regulations
  https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=11350

• Office of Administrative Law (OAL) — Frequently Asked Questions
  https://oal.ca.gov/faq/

• California Administrative Procedure Act — OAL Publications
  https://oal.ca.gov/publications/administrative_procedure_act/

• California Regulatory Notice Register
  https://oal.ca.gov/publications/ccr/

• California Code of Regulations — Official Searchable Database
  https://govt.westlaw.com/calregs

This template is provided for informational purposes only and does not constitute legal advice. Users must consult with a qualified attorney licensed in California before filing a petition for rulemaking. California's rulemaking process is among the most detailed in the nation, involving the Office of Administrative Law (OAL) review and extensive procedural requirements. Last updated: 2026-03-08.