1-411 Public Comment Rulemaking File Submitted by a State Proposing Agency

1. Public comment periods, including 45-day and 15-day periods, shall be conducted according to Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code.

2. State proposing agencies shall submit rulemaking files to the Commission on or before the deadline established by the Commission, in preparation for the 45-day public comment period.

   Note: Current forms, templates, and checklists for developing rulemakings are available from the Commission to assist state proposing and adopting agencies. These are provided in order to help ensure that the state agencies' rulemaking documents comply with specific requirements for content, completeness, statutory authority and reference and numerous other requirements.

3. File content. The rulemaking file shall include the following items.

   1. One (1) copy of the Notice of Proposed Action.
   2. Two (2) copies of the 45-Day Express Terms, including any amendments made to address code advisory committee recommendations.
   3. Two (2) copies of the Initial Statement of Reasons, including explanations of any revisions suggested in the 45-Day Express Terms to address code advisory committee recommendations.
   4. All other items required by Section 1-407 that have been amended since the initial rulemaking file was submitted for Code Advisory Committee review.
   5. One (1) electronic file copy of each document submitted, which shall be suitable for immediate placement on the Commission's website (www.dgs.ca.gov/bsc) for public viewing.

4. In coordination with the Commission, and with the Commission's approval of the submitted rulemaking file items, a state proposing agency shall perform the following to carry out the public comment periods:

   1. Verify the rulemaking items submitted by the state proposing agency are posted and available to the public on the Commission's website (www.dgs.ca.gov/bsc).
   2. Distribute the Notice of Proposed Action to the parties on record with the state proposing agency that have requested to receive proposed rulemaking documents.
   3. Provide printed or electronic files of the rulemaking documents described in the Notice of Proposed Action, if requested.
   4. Maintain all written public comments received during the public comment periods in preparation for developing the final rulemaking file for submittal to the Commission for adoption.
   5. Public comments received by a state proposing agency shall be forwarded to the Commission.
5. Coordinate with the Commission should it be necessary to conduct additional 45-day and/or 15-day public comment periods.

Authority: Government Code Section 11346 et seq. and Health and Safety Code Sections 18929.1, 18930, 18934, 18935 and 18949.6.

Reference: Government Code Section 11346 et seq. and Health and Safety Code Sections 18929.1, 18930, 18934, 18935 and 18949.6.