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GRAY DAVIS, GOVERNOR OFFICE OF ADMINISTRATIVE LAW

California Regulatory Notice RegisterREGISTER 2002, NO. 50-Z DECEMER 13, 2002PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW

PROPOSED ACTION ON REGULATIONSTITLE 2. FAIR POLITICAL PRACTICES COMMISSION PageAudits of Campaign Reports and Statements—Notice File No. Z02-1203-04 ..................................................... 2277

TITLE 2. FAIR POLITICAL PRACTICES COMMISSIONCommission Advice Procedure—Notice File No. Z02-1203-08 .......................................................................... 2277

TITLE 2. FAIR POLITICAL PRACTICES COMMISSIONCoordinated Expenditures—‘‘Made at the Behest’’—Notice File No. Z02-1203-03 ............................................ 2279

TITLE 2. FAIR POLITICAL PRACTICES COMMISSIONFPPC Rulemaking Procedure—Notice File No. Z02-1203-07 ........................................................................... 2280

TITLE 2. FAIR POLITICAL PRACTICES COMMISSIONGeneral Rule and Small Jurisdictions—Notice File No. Z02-1203-02 ............................................................... 2281

TITLE 2. FAIR POLITICAL PRACTICES COMMISSIONReal Property Directly or Indirectly Involved in Governmental Decision—Notice File No. Z02-1203-05............ 2282

TITLE 2. FAIR POLITICAL PRACTICES COMMISSIONReports and Statements; Filing Dates—Notice File No. Z02-1203-06 ............................................................... 2283

TITLE 13. DEPARTMENT OF MOTOR VEHICLESFirefighting Vehicles—Notice File No. Z02-1202-01 ......................................................................................... 2284

TITLE 16. DENTAL BOARD OF CALIFORNIAApproval of RDHP Educational Programs—Notice File No. Z02-1203-10 ........................................................ 2286

TITLE 16. DEPARTMENT OF CONSUMER AFFAIRSConflict of Interest Code—Notice File No. Z02-1203-09................................................................................... 2287

TITLE 16. MEDICAL BOARD OF CALIFORNIAExamination Requirements—Notice File No. Z02-1203-01................................................................................ 2289

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Time-Dated

Material

RULEMAKING PETITION DECISIONSDEPARTMENT OF FOOD AND AGRICULTURENotice of Decision on Petition Regarding Dairy Institute (Petitioner) .............................................................. 2290

SUMMARY OF REGULATORY ACTIONSRegulations filed with the Secretary of State.................................................................................................... 2291Sections Filed, July 31, 2002 to December 4, 2002.......................................................................................... 2293

The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containingnotices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in theCalifornia Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in theCalifornia Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore,that issues of the California Regulatory Notice Register be retained for a minimum of 18 months.

CALIFORNIA REGULATORY NOTICE REGISTER (ISSN 1041-2654) is published weekly by the Office ofAdministrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by the Office of StatePublishing and is offered by subscription for $302.00 (annual price). To order, call (916) 445-5391. Periodicals postage paidat Sacramento, CA and additional mailing offices. POSTMASTER: Send address changes to the: CALIFORNIAREGULATORY NOTICE REGISTER, Customer Coordinator, Office of State Publishing, 344 N. 7th Street, Room 104,Sacramento, CA 95814-0212.

PROPOSED ACTION ONREGULATIONS

Information contained in this document ispublished as received from agencies and isnot edited by the Office of State Publishing.

TITLE 2. FAIR POLITICALPRACTICES COMMISSION

NOTICE IS HEREBY GIVEN that the FairPolitical Practices Commission, under the authorityvested in it by Section 83112 of the Government Code,proposes to adopt, amend, or repeal regulations inTitle 2, Division 6 of the California Code ofRegulations. The Fair Political Practices Commissionwill consider the proposed regulation at a publichearing on or after January 16, 2003. Writtencomments must be received at the Commission officesno later than 5:00 p.m. on January 14, 2003.

BACKGROUND/OVERVIEWEach odd numbered year the Commission selects a

certain number of local candidates and their controlledcommittees for audit by the Franchise Tax Board.

Under 2 Cal. Code Regs. § 18991, the Commissionrelies upon the most recent decennial federal census asthe benchmark to determine the population of citiesand counties for local jurisdiction audit selectionpurposes. As a result, the data is current only in thefirst year following the most recent decennial federalcensus. For subsequent audit selections, the data usedto determine local jurisdiction population is outdatedand in some cases significantly incorrect.

The Commission is therefore considering adoptionof an amendment to the regulation that wouldimplement the use of an annual report prepared by theDemographic Research Unit of the Department ofFinance to determine the current population of citiesand counties for audit purposes. This data source iscurrently utilized for audit selection of cities incorpo-rated after the most recent decennial federal census.

REGULATORY ACTIONAmend 2 Cal. Code Regs. § 18991: The proposed

amendment institutes the use of an annual reportprepared by the Demographic Research Unit of theDepartment of Finance to determine city and countypopulations for local jurisdiction audit selection.

FISCAL IMPACT STATEMENTFiscal Impact on Local Government. This regula-

tion will have no fiscal impact on any local entity orprogram.

Fiscal Impact on State Government. This regulationwill have no fiscal impact on any state entity orprogram.

Fiscal Impact on Federal Funding of State Pro-grams. This regulation will have no fiscal impact onthe federal funding of any state program or entity.

AUTHORITYGovernment Code section 83112 provides that the

Fair Political Practices Commission may adopt,amend, and rescind rules and regulations to carry outthe purposes and provisions of the Political ReformAct.

REFERENCEThe purpose of this regulation is to implement,

interpret and make specific Government Code section90001(i).

CONTACTAny inquiries should be made to Jennie Eddy,

Fair Political Practices Commission, 428 J Street,Suite 800, Sacramento, CA 95814; telephone(916) 322-5660 or 1-866-ASK-FPPC. Proposed regu-latory language can be accessed at www.fppc.ca.gov.

ADDITIONAL COMMENTSThe Commission may make changes to the pro-

posed regulation before its adoption or repeal. Afterthe hearing, the Commission may adopt or repeal theproposed regulation if it remains substantially thesame as described or as in the text originally madeavailable to the public.



BACKGROUND/OVERVIEWThe Political Reform Act (PRA) requires that

certain public officials disclose personal financialholdings which may be affected by their officialduties. It does so by adoption of agency conflict ofinterest codes and mandatory filing of individualstatements of economic interests (SEIs). Section87300 requires that every agency adopt a conflict of

CALIFORNIA REGULATORY NOTICE REGISTER 2002, VOLUME NO. 50-Z

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interest code and section 87301 sets forth the policythat codes be formulated at the most decentralizedlevel possible.

In 1980, the Commission adopted a ‘‘model’’conflict of interest code that contains all of theprovisions specified in section 87302. (Regulation18730.) Most state and local agencies simply incorpo-rate the regulation as the body of their conflict ofinterest code and attach a list of designated employeesand their assigned disclosure categories.

Regulation 18730(b)(11), which states that a desig-nated employee who is unsure of his or her dutiesunder the code may request assistance from theCommission or from the attorney for his or her agency,is part of the model code. Proposed regulation 18329.5addresses the advice procedure as it pertains to thissubdivision.

Proposed regulation 18329.5 deals specifically withadvice procedures for sections 87300 to 87306,pertaining to conflict of interest codes. The purpose ofthe proposed regulation is to balance the Commis-sion’s role of providing advice and assistance with thedecentralization policy regarding the formation ofconflict of interest codes, and with the statutoryauthority given to the code reviewing body to reviseand adopt conflict of interest codes.

REGULATORY ACTIONThe Commission may consider the following:The proposed regulation sets forth that the Commis-

sion’s role in rendering advice or assistance toagencies concerning their conflict of interest code. TheCommission will consider limiting this advice andassistance to:

(1) A code reviewing body;(2) An agency and its code reviewing body that

jointly submit a written request;(3) Any agency for which the Commission is the

code reviewing body;(4) An agency, that notifies its code reviewing body

prior to making a request and submits itsrequest prior to submission of its conflict ofinterest code to the code reviewing body foradoption or amendment. The Commission willconsider whether the request should be limitedto informal assistance, which may be declinedwithout both the prior notification and codesubmission.

(5) The authorized representative of any of theabove.

In some instances, the Commission may be con-fronted with questions regarding an individual’sagency’s determination as to obligations in the conflictof interest code mixed with questions about conflict ofinterest disqualification (sections 87100 and 87103) orother sections. Thus, the Commission will consider

whether it will provide advice or assistance directly toan individual when the request pertains to a designatedemployee’s reporting requirements or to a specificdetermination as to whether the individual is a ‘‘publicofficial’’ or subject to the disqualification or gift limitprovisions. The Commission may enact limiting rules,such as:

• A rule that an individual may only request advice orassistance as to his or her agency’s determinationthat he or she has obligations in a conflict of interestcode by jointly submitting a written request with hisor her agency or its authorized representative.

The Commission will also consider the effect of itsadvice regarding section 87200 filers and specifically,‘‘other public officials who manage public invest-ments.’’ A statutory ‘‘87200 filer’’ has broaderreporting requirements under the statute and his or herfiling obligation is triggered by the statute, not by anagency’s code. Under the proposed regulation, theCommission will consider expressly stating thatCommission advice that an individual is not a ‘‘publicofficial who manages public investments’’ under87200, is not a determination that the individual mustfile a disclosure statement pursuant to a conflict ofinterest code. The agency or code reviewing bodymust make that determination.

Since the Commission provides formal writtenadvice on a case-by-case factual basis, the Commis-sion will consider language for the regulation thatspecifies what information a requestor may need toprovide in order to receive advice or assistance. Thismay include a copy of all pertinent agency determina-tions regarding an individual’s obligations underChapter 7 of the Act, a copy of an individual’semployment contract, a copy of an individual’s dutystatement, a copy of the applicable conflict of interestcode, and any other pertinent information.








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interpret and make specific Government Code sections83114(b) and 87300 to 87306.

CONTACTAny inquiries should be made to Jill Stecher,



posed regulation before its adoption. After the hearing,the Commission may adopt the proposed regulation ifit remains substantially the same as described or as inthe text originally made available to the public.


NOTICE IS HEREBY GIVEN that the FairPolitical Practices Commission, under the authorityvested in it by Section 83112 of the Government Code,proposes to adopt, amend, or repeal regulations inTitle 2, Division 6 of the California Code ofRegulations. The Fair Political Practices Commissionwill consider the proposed regulations at a publichearing on or after January 16, 2003. Writtencomments must be received at the Commission officesno later than 5:00 p.m. on January 14, 2003.

BACKGROUND/OVERVIEWRegulation 18225.7 has long been the chief source

of authority for determining what is, and what is not,an expenditure ‘‘made at the behest’’ of a candidate orcommittee under the Political Reform Act. Proposition34 has recently added Government Code section85500(b), to explain when an expenditure may not beconsidered ‘‘independent’’ of a candidate or commit-tee. The regulated community has expressed a desirefor a revised and clarified regulation 18225.7, and fora new regulation narrowly focused on § 85500(b). TheCommission will therefore consider amendments toexisting regulation 18225.7, and adoption of a newregulation 18550.1, which clarifies § 85500(b) bydescribing conduct that will, or will not, justifytreating an ostensibly ‘‘independent’’ expenditure as a‘‘contribution’’ to a candidate.

REGULATORY ACTION(1) Amend 2 Cal. Code Regs. section 18225.7:Subdivision (a) remains unaltered. Subdivision (b)

would be amended to describe expenditures that in allcases are ‘‘made at the behest of’’ a candidate orcommittee.

Subdivision (c) is amended to include the languageof former subdivision (b) regarding expenditurespresumed to be ‘‘made at the behest of’’ a candidate orcommittee, and adds further examples to the list givenin the current regulation. These additional presump-tions provide guidance to both enforcement authoritiesand the regulated community. These presumptions, oldand new, derive their legitimacy from their treatmentof relatively common situations, where it is reasonableto suspect that an expenditure would be found to havebeen ‘‘made at the behest of’’ a candidate orcommittee if all the facts were known, and wherethose facts are more readily accessible to the actorsthemselves than to outside observers. Persons de-scribed in this subdivision are placed on notice thattheir actions may or may not violate the Act, butbecause they are close to the legal ‘‘line,’’ they may berequired to produce evidence that the expenditures atissue did not involve coordination.

Subdivision (d) renumbers and amends the ‘‘safeharbor’’ provisions in the existing version of regula-tion 18225.7, and describes additional cases whereexpenditures are not made ‘‘at the behest of’’ acandidate committee.

(2) Adopt 2 Cal. Code Regs. section 18550.1:

Subdivision (a) describes instances of candidateinvolvement which would negate the ostensibly‘‘independent’’ character of an expenditure, as pro-vided by Government Code section 85500(b).

Subdivision (b) adds a list of particular cases whichwill give rise to a presumption that an expenditure wasnot ‘‘independent’’ of a candidate. The presumptionsderive their legitimacy from their treatment ofrelatively common situations, where it is reasonable tosuspect underlying conduct that would negate theapparently ‘‘independent’’ nature of an expenditure, ifall the facts were known, in cases where those facts aretypically more accessible to the actors themselves thanto outside observers. Persons described in thissubdivision are placed on notice that their ‘‘indepen-dent’’ expenditures may or may not be treated ascontributions to a candidate, but because they are closeto the legal ‘‘line,’’ they may be required to produceevidence supporting the ‘‘independent’’ character ofthe expenditures at issue.

Subdivision (c) describes conduct which, withoutmore, does not negate the ‘‘independent’’ character ofan expenditure for a campaign communication onbehalf of a candidate.

FISCAL IMPACT STATEMENT

Fiscal Impact on Local Government. These regula-tions will have no fiscal impact on any local entity orprogram.


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Fiscal Impact on State Government. These regula-tions will have no fiscal impact on any state entity orprogram.

Fiscal Impact on Federal Funding of State Pro-grams. These regulations will have no fiscal impact onthe federal funding of any state program or entity.



REFERENCEThe purpose of the amendments to regulation

18225.7 is to implement, interpret and make specificGovernment Code sections 82015, 82025 and 82031.The purpose of regulation 18550.1 is to implement,interpret and make specific Government Code section85500(b).

CONTACTAny inquiries should be made to Lawrence T.

Woodlock, Fair Political Practices Commission,428 J Street, Suite 800, Sacramento, CA 95814;telephone (916) 322-5660 or 1-866-ASK-FPPC.Proposed regulatory language can be viewed atwww.fppc.ca.gov.

ADDITIONAL COMMENTSAfter the hearing, the Commission may decline to

amend or adopt either or both regulations, and theCommission may introduce revisions to either regula-tion if the subject regulation remains substantially thesame as described, or as the text originally madeavailable to the public.



BACKGROUND/OVERVIEWCustomarily, the Commission staff holds ‘‘inter-

ested persons’’ meetings, in addition to pre-notice andadoption hearings on most regulations. Each of thesesteps is labor intensive and at time duplicative. TheCommission will consider eliminating regular inter-

ested persons meetings and the pre-notice discussionand instead, grant staff the flexibility of determiningwhich special circumstances warrant additional publicmeetings.

REGULATORY ACTION

The Commission has various options:

• This change may be implemented without amendingregulation 18312. This is because the currentlanguage of regulation 18312 makes the holding ofa pre-notice hearing discretionary with the Commis-sion. The current regulation does not mention‘‘interested persons’’ meetings which are alsodiscretionary.

• The Commission may wish to amend the regulationto clarify and streamline the process. the Commis-sion may wish to continue utilizing an ‘‘interestedpersons’’ and amend these meetings into theregulation as a part of the rulemaking process. If theCommission decides that these meetings are notnecessary, no amendment to the regulation isnecessary since it makes no reference to theinterested persons meetings.

• Similarly, the Commission may decide to eliminatepre-notice hearings. These hearings are currentlydescribed in the regulation as permissive. If theCommission determines to retain these meetings asdiscretionary, the regulation need not be amended.However, if the section is retained, the Commissionmay wish to modify the regulation to expresslygrant staff discretion as to whether to schedule apre-notice hearing or whether to go directly toadoption.

• The Commission may put into regulatory form areasonable limitation as to how late written com-ments to regulations may be filed and considered.The Commission may decide to set any deadline itdetermines is appropriate.

• The Commission may wish to codify the currentrule that at any meeting the Commission may directstaff to hold additional interested persons meetings,pre-notice hearings, or adoption hearings on anygiven item.

• The Commission may decide to adopt an alternateprocess that would limit the submission of writtencomment to an initial Commission meeting so thatthe comments may be more fully considered andanalyzed by staff at a subsequent adoption hearing.




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interpret and make specific Government Code sections11371 et seq., as those sections existed on June 4,1974; Sections 81013, 81014 and 83112, GovernmentCode.

CONTACTAny inquiries should be made to John W. Wallace,





NOTICE IS HEREBY GIVEN that the FairPolitical Practices Commission, under the authorityvested in it by section 83112 of the Government Code,proposes to adopt, amend, or repeal regulations inTitle 2, Division 6 of the California Code ofRegulations. The Fair Political Practices Commissionwill consider the proposed regulations at a publichearing on or after January 16, 2003. Writtencomments must be received at the Commission officesno later than 5:00 p.m. on January 14, 2003.

BACKGROUND/OVERVIEWCommission regulations permit a public official

who has determined that he or she has a conflict ofinterest to participate in a decision if the ‘‘publicgenerally’’ exception applies. The ‘‘public generally’’exception contains a primary rule which is provided at2 Cal. Code Regs. § 18707.1, followed by specificrules which apply to particular circumstances. One of

these specific rules pertains to small jurisdictions(2 Cal. Code Regs. § 18707.3) and applies to thecircumstances in which a conflict of interest arisesfrom real property which serves as a public official’spersonal residence.

Specifically, this exception provides that the effectof a governmental decision on the principal residenceof a public official is not distinguishable from theeffect on the public generally provided certainrequirements are met. These requirements pertain tocharacteristics of the official’s jurisdiction, a directeffect of the decision on the official’s property, thedistance of the official’s property from the propertywhich is the subject of the decision, separateownership of properties located a certain distance fromthe subject property, size and zoning of the official’sprincipal residence, and whether the effect of thedecision on the official’s property is ‘‘substantially thesame’’ as its effect on certain other properties.

The amendments presented are based on publiccomment that a number of consequences resultingfrom regulatory changes made during the Phase 2Conflict of Interest Improvement Project need to beaddressed. In particular, the distance at which realproperty is considered ‘‘directly involved’’ in adecision was increased from 300 feet to 500 feet aspart of the Phase 2 project. This change affected theapplication of the small jurisdiction ‘‘public gener-ally’’ exception (‘‘the small jurisdiction exception’’).

REGULATORY ACTIONRepeal 2 Cal. Code Regs. § 18707.3 (Option A):

The Commission may consider repeal of the smalljurisdiction exception. A public official in a smalljurisdiction would still be able to apply the primary (orgeneral) ‘‘public generally’’ rule of 2 Cal. Code Regs.§ 18707.1. Repeal may be appropriate if the Commis-sion determines that the rule is no longer effective.

Amend 2 Cal. Code Regs. § 18707.3 (Option B):The Commission may also decide to amend 18707.3 toaddress issues raised by public comment. As part of itsreview of these issues, the Commission may discussdeletion or amendment of provisions of this regulationincluding the following proposed amendments:

Subdivision (a)(1):• Decrease the population criterion which a juris-

diction must meet before a public official canapply the small jurisdiction exception.

• Add an alternate geographic size criterion for thejurisdiction.

Subdivision (a)(2):• Delete the requirement that a decision ‘‘does not

have a direct effect’’ on the official’s realproperty.


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• In the alternative, amend the subdivision topermit a public official to apply this exception inlimited circumstances where the official’s prop-erty is directly affected.

Subdivision (a)(3):• Change the distance beyond which an official’s

property must be located before the official ispermitted to use this exception.

Subdivision (a)(4):• Change the criteria applicable to the ‘‘100

properties under separate ownership.’’Subdivision (a)(6):• Change the distance used for the ‘‘substantially

the same effect’’ test.Repeal 2 Cal. Code Regs. § 18707.3 and amend 2

Cal. Code Regs. § 18707.1 (Option C): In addition, theCommission will discuss repeal of the small jurisdic-tion exception accompanied by amendment to 2 Cal.Code Regs. § 18707.1. The issues addressed are thesame as above. In particular, the Commission willexamine whether a small jurisdiction exception shouldbe incorporated into 2 Cal. Code Regs. § 18707.1, thegeneral ‘‘public generally’’ rule, to further define theterms ‘‘significant segment’’ and ‘‘substantially thesame manner.’’

The Commission will additionally consider whetherthe small jurisdiction exception should be expanded toapply to all real property interests, rather than only toprincipal residences.

FISCAL IMPACT STATEMENTFiscal Impact on Local Government. These regula-

tions will have no fiscal impact on any local entity orprogram.

Fiscal Impact on State Government. These regula-tions will have no fiscal impact on any state entity orprogram.

Fiscal Impact on Federal Funding of State Pro-grams. These regulations will have no fiscal impact onthe federal funding of any state program or entity.



REFERENCEThe purpose of these regulations is to implement,

interpret and make specific Government Code section87103.

CONTACTAny inquiries should be made to Natalie Bocanegra,

Fair Political Practices Commission, 428 J Street,Suite 800, Sacramento, CA 95814; telephone

(916) 322-5660 or 1-866-ASK-FPPC. Proposed regu-latory language can be accessed at www.fppc.ca.gov.

ADDITIONAL COMMENTSThe Commission may delete provisions, adopt the

language noticed herein, or choose new language toimplement its decisions concerning the small jurisdic-tion exception’s requirements, scope or other relatedissues. After the hearing, the Commission may adopt,amend, or repeal the proposed regulations if theyremain substantially the same as described or as in thetext originally made available to the public.


NOTICE IS HEREBY GIVEN that the FairPolitical Practices Commission, under the authorityvested in it by Section 83112 of the Government Code,proposes to adopt, amend, or repeal regulations inTitle 2, Division 6 of the California Code ofRegulations. The Fair Political Practices Commissionwill consider the proposed regulation at a publichearing on or after January 16, 2003 at 9:30 a.m.Written comments must be received at the Commis-sion offices no later than 5:00 p.m. on January 14,2003.

BACKGROUND/OVERVIEW

Section 87100 provides:‘‘No public official at any level of state or local

government shall make, participate in making or inany way attempt to use his official position toinfluence a governmental decision in which heknows or has reason to know he has a financialinterest.’’

Section 87103 provides:‘‘A public official has a financial interest in a

decision within the meaning of Section 87100 if it isreasonably foreseeable that the decision will have amaterial financial effect, distinguishable from itseffect on the public generally, on the official, amember of his or her immediate family, or on any[economic interest]’’. . . . [Emphasis added]

However, what constitutes a ‘‘material financialeffect’’ is not defined in the Act. Rather, theCommission defines what is considered ‘‘material’’ forpurposes of section 87100 and 87103 through a seriesof regulations.

In 2000, the Commission simplified the indirectstandards by collapsing the three zones of the formerversion of the indirect materiality regulation. The innerzone (300 feet or less from the subject property) wassubject to the one penny rule. The second zone wentfrom 300 feet to 2,500 feet imposed a $10,000materiality threshold for real property in this zone.


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Finally, the third zone covered an official’s realproperty when it was more than 2,500 feet from thesubject property. Under such circumstances, thefinancial effect of the decision on the public official’sreal property was considered material only if therewere ‘‘specific circumstances’’ to justify that conclu-sion.

The current rule, as adopted in December 2000, isthat where the official’s real property is within 500feet of the subject property, the effect is presumed tobe material. When the property of the official isbeyond 500 feet of the real property subject to thedecision, the effect is presumed not to be material. Inaddition, the Commission made two changes that wereviewed at the time to be cosmetic. In light of the factthat decisions falling within the ‘‘500 foot rule’’ or the‘‘new and improved services’’ rule were both subjectto the ‘‘one-penny’’ materiality standard, the same ruleas applied to ‘‘directly involved’’ economic interests, itwas decided that these two rules should be recharac-terized as ‘‘directly involved’’ and merged with the listof other directly involved decisions.

Consequently, the ‘‘new and improved services’’rule was moved into the list of ‘‘direct standards’’ asnew subdivision (a)(5). However, rather than similarlyincorporating the ‘‘500-foot rule’’ into the list, this rulewas added to the preamble language in subdivision (a).In addition, for the first time, the list of ‘‘directlyinvolved’’ situations was expressly set forth as adefinition of ‘‘subject of’’ for purposes of theregulation. This meant that while in the past the‘‘property subject to a governmental decision’’ wasmeant to be a broad, all-inclusive term, after theamendment, the application of the 500-foot ruleappeared to be limited to the list of decisions insubdivision (a).

The purpose of the proposed amendments is simplyto reform the language of the regulation to correspondto the interpretation applied to these rules prior to themost recent amendments.

REGULATORY ACTION

1. The 500 foot standard in subdivision (a)’spreamble language will be moved to subdivision(a)(1). In addition, language formerly set forth in theredevelopment section (a)(5) after renumbering hasbeen moved to (a)(1), again essentially intact. This isbecause this language is an interpretation of the 500foot rule.

2. The second relocation amendment simply moveslanguage formerly set out as (a)(6), into renumbered(a)(2). The moved language is an elaboration of thezoning concept in renumbered (a)(2) and moreappropriately belongs in that section.

3. Finally, two exceptions to these ‘‘direct effect’’rules that were formerly merged in with the standardshave been separated and placed in another subdivision,new subdivision (b). This change was necessary toclarify that the two exceptions not only applied to thespecific subdivisions in (a) for which they werewritten, but also the general distance test in (a)(1).








interpret and make specific Government Code sections87100, 87102.5, 87102.6, 87102.8 and 87103.

CONTACTAny inquiries should be made to John W. Wallace,


ADDITIONAL COMMENTSAfter the hearing, the Commission may adopt or

repeal the proposed regulation if it remains substan-tially the same as described or as in the text originallymade available to the public. The Commission maymake changes to the proposed regulation before itsadoption or repeal.


NOTICE IS HEREBY GIVEN that the FairPolitical Practices Commission, under the authorityvested in it by Section 83112 of the Government Code,proposes to adopt, amend, or repeal regulations inTitle 2, Division 6 of the California Code ofRegulations. The Fair Political Practices Commissionwill consider the proposed regulation at a public


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hearing on or after January 16, 2003. Writtencomments must be received at the Commission officesno later than 5:00 p.m. on January 14, 2003.

BACKGROUND/OVERVIEWUnder regulation 18116, most reports and state-

ments to be filed under the Act that fall due on aweekend or holiday may be filed on the next businessday. Regulation 18116, as currently in effect, statesthat the weekend/holiday extension does not apply toreports of late contributions and late independentexpenditures that must be filed within 24 hours.

Regulation 18116 provides as follows:‘‘Whenever the Political Reform Act requires that

a statement or report be filed prior to or not laterthan a specified date or during or within a specifiedperiod, and the deadline falls on a Saturday, Sundayor official state holiday, the filing deadline for sucha statement or report shall be extended to the nextregular business day. This extension does not applyto late contribution reports required by GovernmentCode Section 84203, late independent expenditurereports required by Government Code Section84204, or notice by the contributor of a late in-kindcontribution required by Government Code Section84203.3.’’The Commission is examining issues involving the

24-hour late reports and election cycle reports requiredto be filed during the 90 days before an election undersections 85309 and 85500 and the weekend/holidayextension. The Commission is considering whether theweekend/holiday extension of regulation 18116 shouldapply to these reports, possibly excepting the weekendprior to the election.

REGULATORY ACTIONAmend 2 Cal. Code Regs. § 18116: The Commis-

sion will decide whether to amend regulation 18116 toprovide that the weekend/holiday extension of time tofile reports is applicable to the late contribution andindependent expenditure reports required under sec-tions 84203 and 84204, the notice of a late in-kindcontribution required by section 84203.3, and/or theelectronic election cycle reports required under sec-tions 85309 and 85500, except on the weekend prior tothe election. The Commision may make other changesto regulation 18116 concerning reports required to befiled under the Act within 24 or 48 hours.








interpret and make specific Government Code section90001(i).

CONTACTAny inquiries should be made to Hyla P. Wagner,




TITLE 13. DEPARTMENT OFMOTOR VEHICLES

NOTICE IS HEREBY GIVENThe Department of Motor Vehicles (the department)

proposes to adopt Section 157.00 in Article 3,Chapter 1, Division 1, Title 13 of the California Codeof Regulations to clarify the registration of privatelyowned firefighting vehicles.

PUBLIC HEARINGA public hearing regarding this proposed regulatory

action is not scheduled. However, a hearing will beheld if the department receives a written request for apublic hearing from any interested person or his or herduly authorized representative, no later than 5:00 p.m.,fifteen (15) days prior to the close of the writtencomment period.

DEADLINE FOR WRITTEN COMMENTSAny interested person may submit written com-

ments relevant to the proposed action to the contactperson identified in this notice. All written commentsmust be received at the department no later than5:00 p.m. on January 27, 2003, in order for them to beconsidered by the department before it adopts theproposed regulation.


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AUTHORITY AND REFERENCEThe department proposes to adopt this regulation

under the authority granted by Section 1651 of theVehicle Code in order to implement, interpret or makespecific Section 4015 of the Vehicle Code.

INFORMATIVE DIGEST AND POLICYSTATEMENT OVERVIEW

Vehicle Code Sections 4015 allows privately ownedvehicles to be exempt from registration when thevehicles are being used for firefighting purposes. Theproposed regulation defines a firefighting vehicle asstated in Government Code Section 8589.10(c) andprovides a listing of privately owned firefightingvehicles that are subject to registration.

FISCAL IMPACT

• Cost or Savings to any State Agency: None.• Other Non-Discretionary Cost or Savings to Local

Agencies: None.• Costs or Savings in Federal Funding to the State:

None.• Cost Impacts on Representative Private Persons or

Businesses: None. ‘‘The agency is not aware of anycost impacts that a representative private person orbusiness would necessarily incur in reasonablecompliance with the proposed action.’’

• Effect on Housing Costs: None.

DETERMINATIONSThe department has made the following initial

determinations concerning the proposed regulatoryaction:

• The proposed regulatory action has no effect whichwould have a significant statewide adverse eco-nomic impact directly affecting businesses, includ-ing the ability of California businesses to competewith businesses in other states. No studies or datawere relied upon in making this determination.

• The proposed regulatory action will neither createnor eliminate jobs or businesses in the state ofCalifornia, will not result in the elimination ofexisting businesses, and will neither reduce norexpand businesses currently doing business in thestate of California.

• The proposed regulatory action will not impose amandate on local agencies or school districts, or amandate which requires reimbursement pursuant toPart 7 (commencing with Section 17500) ofDivision 4 of the Government Code.

• The proposed regulatory action will have no effecton small businesses. The regulatory action isintended to clarify registration issues for privatebusinesses who use vehicles for firefighting pur-poses.

PUBLIC DISCUSSIONS OFPROPOSED REGULATIONS

A pre-notice workshop, pursuant to GovernmentCode section 11346.45, is not required because theissues addressed in the proposal are not so complex orlarge in number that they cannot easily be reviewedduring the comment period.

ALTERNATIVES CONSIDEREDThe department must determine that no reasonable

alternative considered by the department or that hasotherwise been identified and brought to the attentionof the department would be more effective in carryingout the purpose for which the action is proposed orwould be as effective and less burdensome to affectedprivate persons than the proposed action.

CONTACT PERSONInquiries relevant to the proposed regulatory

action should be directed to departmental repre-sentative Bonnie DeWatney, Department of MotorVehicles, Regulations Unit, Mail Station E-244,P.O. Box 932382, Sacramento, California 94232-3820or 916-657-8954 or e-mail [email protected] the absence of the department representative,inquiries may be directed to the Regulations Coordi-nator, Deborah Baity, at 916-657-5690 or e-mail [email protected]. Substance questions may beaddressed to either of the above contacts. The faxnumber for the Regulations Branch is 916-657-1204.

AVAILABILITY OF STATEMENT OF REASONSAND TEXT OF PROPOSED REGULATION

The department has prepared an initial statement ofreasons for the proposed action and has available allthe information upon which the proposal is based. Thecontact person identified in this notice shall makeavailable to the public, upon request, the express termsof the proposed action using underline or italics toindicate additions to, and strikeout to indicate dele-tions from, the California Code of Regulations. Thecontact person identified in this notice shall also makeavailable to the public, upon request, the initialstatement of reasons and final statement of reasonsonce it has been prepared and submitted to the Officeof Administrative Law, and the location of publicrecords, including reports, documentation, and othermaterials related to the proposed action (RulemakingFile). In addition, the above-cited materials (Notice,Initial Statement of Reasons and Express Terms) maybe accessed at www.dmv.ca.gov, Other Services, LegalAffairs Division, Regulatory Notices web page.

AVAILABILITY OF MODIFIED TEXTFollowing the written comment period, and the

hearing if one is held, the department may adopt theproposed regulation substantially as described in thisnotice. If modifications are made which are suffi-


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ciently related to the originally proposed text, the fullmodified text with changes clearly indicated shall bemade available to the public for at least 15 days priorto the date on which the department adopts theresulting regulation. Requests for copies of anymodifications to the regulation should be directed tothe department contact person identified in this notice.The department will accept written comments on themodified regulation for 15 days after the date on whichit is first made available to the public.

TITLE 16. DENTAL BOARDOF CALIFORNIA

NOTICE IS HEREBY GIVEN that the DentalBoard of California is proposing to take the actiondescribed in the Informative Digest. Any personinterested may present statements or arguments orallyor in writing relevant to the action proposed at ahearing to be held at the Red Lion Inn,1401 Arden Way, Sacramento, California, onJanuary 31, 2003, at 1:30 p.m.. The telephonenumber is (916) 922-8041. Written comments, includ-ing those sent by mail, facsimile, or e-mail to theaddresses listed under Contact Person in this Notice,must be received by the Dental Board of California atits offices no later than 5:00 p.m. on January 27, 2003,or must be received by the Dental Board of Californiaat the hearing. The Dental Board of California upon itsown motion or at the instance of any interested party,may thereafter adopt the proposals substantially asdescribed below or may modify such proposals if suchmodifications are sufficiently related to the originaltext. With the exception of technical or grammaticalchanges, the full text of any modified proposal will beavailable for 15 days prior to its adoption from theperson designated in this Notice as contact person andwill be mailed to those persons who submit written ororal testimony related to this proposal or who haverequested notification of any changes to the proposal.

AUTHORITY AND REFERENCEPursuant to the authority vested by Sections 1614

and 1774, and to implement, interpret or make specificSection 1774 of the Business and Professions Code,the Dental Board of California is considering changesto Division 10 of Title 16 of the California Code ofRegulations as follows:

INFORMATIVE DIGEST/POLICYSTATEMENT OVERVIEW

Amend Title 16, California Code of RegulationsSection 1073.2.

Section 1774 of the Business and Professions Codeauthorizes the Dental Board of California to adoptregulations relating to Registered Dental Hygienists inAlternative Practice educational programs.

Existing Title 16, California Code of Regulations,Section 1073.2, requires that a Registered DentalHygienists in Alternative Practice (RDHAP) educa-tional program be affiliated with a dental school. Theproposed regulatory language change would eliminatethis requirement, since it has been found to beunnecessary and may actually restrict the number ofeducational programs applying for approval. This mayhave the unwarranted effect of reducing the number ofapplicants who can become qualified for licensure andtherefore are available to treat dental patients.

FISCAL IMPACT ESTIMATESFiscal Impact on Public Agencies Including Costs or

Savings to State Agencies or Costs/Savings in FederalFunding to the State: None

Nondiscretionary Costs/Savings to Local Agencies:None

Local Mandate: NoneCost to Any Local Agency or School District for

Which Government Code Section 17561 RequiresReimbursement: None

Business Impact:The board has made an initial determination that the

proposed regulatory action would have no significantstatewide adverse economic impact directly affectingbusiness, including the ability of California businessesto compete with businesses in other states.

The following relevant data were relied upon inmaking the above determination:

Review of the Regulatory Structure and Scope ofPractice for California’s Dental Auxiliaries, Sjoberg &Evashenk Consulting, LLC, September 1, 2002.

COMDA’s Supplemental Sunset Review Report onAuxiliary Scopes of Practice, Committee on DentalAuxiliaries, Karen Wyant, Executive Officer, Octo-ber 5, 2002.

Impact on Jobs/New Business:The Dental Board of California has determined that

this regulatory proposal will not have any impact onthe creation of jobs or new businesses or theelimination of jobs or existing businesses or theexpansion of businesses in the State of California.

Cost Impact on Representative Private Person orBusiness:

The Dental Board of California is not aware of anycost impact that a representative private persons orbusiness would necessarily incur in reasonable com-pliance with the proposed action.

Effect on Housing Costs: None

EFFECT ON SMALL BUSINESSThe Dental Board of California has determined that

the proposed regulations would not affect smallbusinesses because the proposed changes wouldeliminate the requirement that RDHAP educationalprograms be affiliated with a dental school.


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CONSIDERATION OF ALTERNATIVESThe Dental Board of California must determine that

no reasonable alternative which it considered or thathas otherwise been identified and brought to itsattention would either be more effective in carryingout the purpose for which the action is proposed orwould be as effective and less burdensome to affectedprivate persons than the proposal described in thisNotice.

Any interested person may present statements orarguments orally or in writing relevant to the abovedeterminations at the above-mentioned hearing.

INITIAL STATEMENT OF REASONSAND INFORMATION

The Dental Board of California has prepared aninitial statement of the reasons for the proposed actionand has available all the information upon which theproposal is based.

TEXT OF PROPOSALCopies of the exact language of the pro-

posed regulations and of the initial statement ofreasons, and all of the information upon which theproposal is based, may be obtained at the hearing uponrequest from the Dental Board of California at1432 Howe Avenue, Suite 85, Sacramento, California95825.

AVAILABILITY AND LOCATION OF THE FINALSTATEMENT OR REASONS AND

RULEMAKING FILEAll the information upon which the proposed

regulations are based is contained in the rulemakingfile, which is available for public inspection, bycontacting the person named below.

CONTACT PERSONInquiries or comments concerning the proposed

administrative action may be addressed to:Name: Errol G. ChisomAddress: 1432 Howe Avenue, Suite 85

Sacramento, CA. 95825Telephone: No (916) 263-2300 ext. 2327Fax No. (916) 263-2140E-Mail Address [email protected] backup contact person is:Name: Karen WyantAddress: 1428 Howe Avenue, Suite 55

Sacramento, California 95825Telephone No. (916) 263-2595 ext. 209Fax (916) 263-2709E-Mail address [email protected] concerning the substance of the proposed

regulations may be directed to Errol G. Chisom,(916) 263-2300 ext. 2327.

Materials regarding this proposal can be found atwww.dbc.ca.gov

TITLE 16. DEPARTMENT OFCONSUMER AFFAIRS

NOTICE IS HEREBY GIVEN that the Departmentof Consumer Affairs (hereinafter ‘‘department’’)is proposing to take the action described in theInformative Digest. Any person interested may presentstatements or arguments orally or in writing relevant tothe action proposed at a hearing to be held at400 R Street, Suite 1030, Sacramento, California95814, at 9:00 a.m., on January 27, 2002. Writtencomments, including those sent by mail, facsimile, ore-mail to the addresses listed under Contact Person inthis Notice, must be received by the department at itsoffice not later than 5:00 p.m. on January 27, 2002 ormust be received by the department at the hearing. Thedepartment, upon its own motion or at the instance ofany interested party, may thereafter adopt the propos-als substantially as described below or may modifysuch proposals if such modifications are sufficientlyrelated to the original text. With the exception oftechnical or grammatical changes, the full text of anymodified proposal will be available for 15 days priorto its adoption from the person designated in thisNotice as contact person and will be mailed to thosepersons who submit written or oral testimony relatedto this proposal or who have requested notification ofany changes to the proposal.

AUTHORITY AND REFERENCEPursuant to the authority vested by Sections 87300

and 87307 of the Government Code, and to imple-ment, interpret or make specific Section 87302 of saidCode, the department is considering changes toChapter 2 of Division 38 of Title 16 of the CaliforniaCode of Regulations as follows:


Section 87300 of the Government Code is part ofProposition 9, The Political Reform Act of 1974. Thatsection requires each state agency to adopt a Conflictof Interest Code which must contain, among otherthings, the following:

(a) Specific enumeration of the positions within theagency which involve making or participation in themaking of decisions which may foreseeably have amaterial effect on any financial interest. Personsholding those positions are called ‘‘designated em-ployees.’’

(b) Requirements that each designated employeefile annual statements disclosing reportable invest-ments, interests in real property and income. The


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Conflict of Interest Code must specify the invest-ments, interests and income which are reportable foreach designated position.

The Department of Consumer Affairs adopted aConflict of Interest Code containing the above-notedprovisions in 1977.

These proposed changes would update the existingConflict of Interest Code primarily by adding to thelist of designated employees. Therefore, a number ofemployees who were not previously required to fileannual financial disclosure statements would now berequired to file them. A small number of currentlydesignated positions would be deleted.

The proposed changes would also amend thedisclosure categories which set forth the types ofinvestments, interests in real property and incomewhich must be reported by designated employees.





Which Government Code Section 17561 RequiresReimbursement: None

Business Impact:The department has made an initial determination

that the proposed regulatory action would have nosignificant statewide adverse economic impact directlyaffecting business, including the ability of Californiabusinesses to compete with businesses in other states.

Impact on Jobs/New Businesses:The department has determined that this regulatory

proposal will not have any impact on the creation ofjobs or new businesses or the elimination of jobs orexisting businesses or the expansion of businesses inthe State of California.


The department is not aware of any cost impactsthat a representative private person or business wouldnecessarily incur in reasonable compliance with theproposed action.


EFFECT ON SMALL BUSINESSThe department has determined that the proposed

regulations would not affect small businesses becausethe regulations pertain to designated employees whomake or participate in the making of a governmentaldecision. These designated employees will be requiredto submit annual financial disclosure statements.

CONSIDERATION OF ALTERNATIVESThe department must determine that no reasonable

alternative which it considered or that has otherwisebeen identified and brought to its attention wouldeither be more effective in carrying out the purpose forwhich the action is proposed or would be as effectiveand less burdensome to affected private persons thanthe proposal described in this Notice.



The department has prepared an initial statement ofthe reasons for the proposed action and has availableall the information upon which the proposal is based.

TEXT OF PROPOSALCopies of the exact language of the proposed

regulations and of the initial statement of reasons, andall of the information upon which the proposal isbased, may be obtained at the hearing or prior to thehearing upon request from the Division of LegalAffairs, Department of Consumer Affairs, 400 R Street,Suite 3080, at Sacramento, California 95814.

AVAILABILITY AND LOCATION OF THEFINAL STATEMENT OF REASONS AND

RULEMAKING FILEAll the information upon which the proposed

regulations are based is contained in the rulemakingfile which is available for public inspection bycontacting the person named below.

You may obtain a copy of the final statement ofreasons once it has been prepared, by making a writtenrequest to the contact person named below.


administrative action may be addressed to:Name: Albert BalingitAddress: 400 R Street, Suite 3090

Sacramento, California 95814Telephone No.: (916) 445-4216Fax No.: (916) 324-1368E-Mail Address: [email protected] backup contact person is:Name: Imelda GalangAddress: 400 R Street, Suite 3090

Sacramento, California 95814Telephone No.: (916) 445-4216Fax No.: (916) 323-0971E-Mail Address: [email protected] concerning the substance of the proposed

regulations may be directed to Albert Balingit at(916) 445-4216.


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TITLE 16. MEDICAL BOARDOF CALIFORNIA

NOTICE IS HEREBY GIVEN that the MedicalBoard of California (hereinafter referred to as ‘‘theBoard’’ is proposing to take the action described inthe Informative Digest. Any person interested maypresent statements or arguments orally or in writingrelevant to the action proposed at a hearing to beheld at Embassy Suites, 1440 E. Imperial Avenue,El Segundo, California 90245, on January 31, 2003, at10:00 A.M.. Written comments, including those sentby mail, facsimile, or e-mail to the addresses listedunder Contact Person in this Notice, must be receivedby the Board at its office not later than 5:00 p.m. onJanuary 27, 2003 or must be received by the Board atthe hearing. The Board, upon its own motion or at theinstance of any interested party, may thereafter adoptthe proposals substantially as described below or maymodify such proposals if such modifications aresufficiently related to the original text. With theexception of technical or grammatical changes, the fulltext of any modified proposal will be available for15 days prior to its adoption from the persondesignated in this Notice as contact person and will bemailed to those persons who submit written or oraltestimony related to this proposal or who haverequested notification of any changes to the proposal.

AUTHORITY AND REFERENCEPursuant to the authority vested by Section 2018

of the Business and Professions Code, and toimplement, interpret or make specific Sections 2227,2228, and 2229 of said Code, the Medical Board ofCalifornia is considering changes to Division 13,Chapter 2, Article 3 of Title 16 of the California Codeof Regulations as follows:


Add Section 1358.1Title 16, CCR 1361, includes the board’s Disci-

plinary Guidelines for licensees who are placed onprobation. Condition 20, Oral Clinical or WrittenExam, addresses the type of exam ordered, timeframes for taking the exam, and number of times theexam may be taken within a specified period.However, this condition does not address how theexam shall be administered. This regulatory proposalwould describe in general the parameters of anexamination for a licensee on probation and wouldstandardize the requirements for the three types ofexaminations ordered as a condition of probation.





Which Government Code Sections 7500 through17630 Requires Reimbursement: None

Business Impact:The board has made an initial determination that the

proposed regulatory action would have no significantstatewide adverse economic impact directly affectingbusiness, including the ability of California businessesto compete with businesses in other states.

ANDThe following studies/relevant data were relied

upon in making the above determination: NoneImpact on Jobs/New Businesses:The Medical Board of California has determined

that this regulatory proposal will not have a significantimpact on the creation of jobs or new businesses or theelimination of jobs or existing businesses or theexpansion of businesses in the State of California.


The Medical Board of California is not aware of anycost impacts that a representative private person orbusiness would necessarily incur in reasonable com-pliance with the proposed action.


EFFECT ON SMALL BUSINESSThe Medical Board of California has determined

that the proposed regulations would not affect smallbusinesses. The proposed amendment is simply anattempt to codify the requirements for examinationsordered as a condition of probation.

CONSIDERATION OF ALTERNATIVESThe Medical Board of California must determine

that no reasonable alternative which it considered orthat has otherwise been identified and brought to itsattention would either be more effective in carryingout the purpose for which the action is proposed orwould be as effective and less burdensome to affectedprivate persons than the proposal described in thisNotice.



The Medical Board of California has prepared aninitial statement of the reasons for the proposed actionand has available all the information upon which theproposal is based. Copies of the initial statement of


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reasons and all of the information upon which theproposal is based may be obtained from the persondesignated in this Notice under Contact Person or byaccessing the website listed below.

TEXT OF PROPOSALCopies of the exact language of the proposed

regulations may be obtained at the hearing or prior tothe hearing upon request from the person designated inthis Notice under Contact Person or by accessing thewebsite listed below.

AVAILABILITY AND LOCATION OF THEFINAL STATEMENT OF REASONS

AND RULEMAKING FILEAll the information upon which the proposed

regulations are based is contained in the rulemakingfile which is available for public inspection bycontacting the person designated in this Notice underContact Person or by accessing the website listedbelow.

You may obtain a copy of the final statement ofreasons once it has been prepared, by making a writtenrequest to the person designated in this Notice underContact Person or by accessing the website listedbelow.


administrative action may be addressed to:

Name: Kevin A. SchunkeAddress: Medical Board of California

1430 Howe Ave, Suite 92Sacramento, CA 95825

Telephone No.: (916) 263-2368Fax No.: (916) 263-2387e-mail [email protected]

The backup contact person is:

Name: Linda WhitneyAddress: Medical Board of California

1430 Howe Ave, Suite 92Sacramento, CA 95825


Inquiries concerning the substance of the proposedregulations may be directed to:

Name: Ana Facio, Deputy ChiefEnforcement ProgramMedical Board of California1426 Howe Avenue, Suite 84Sacramento, CA 95825


Website Access: Materials regarding this proposalcan be found at www.medbd.ca.gov.

RULEMAKING PETITIONDECISIONS

DEPARTMENT OF FOODAND AGRICULTURE

NOTICE OF DECISION ON PETITIONFOR RULEMAKING

(Government Code Section 11340.7)By letter dated October 24, 2002, Rachel Kaldor,

Executive Director, Dairy Institute (Petitioner)petitioned the Department of Food and Agriculture ofthe State of California (Department) to add newArticle 14.9 to Chapter 1, Division 2, of Title 3 of theCalifornia Code of Regulations. The proposed newarticle would establish testing procedures which mustbe followed in determining whether a California fluidmilk product complies with the Compositional Stan-dards imposed by sections 35784, 38181, 38191 and38211 of the Food and Agricultural Code for eachrespective product.

PROVISIONS OF THE CODE OF REGULATIONSREQUESTED TO BE AFFECTED

Title 3, California Code of Regulations, Chapter 1,Divison 2.

AUTHORITY AND REFERENCE CITEDIN THE PETITION

Sections 35784, 38181, 38191 and 38211, Food andAgricultural Code.

DEPARTMENT DECISIONNotice is hereby given that the Department accepts

the petition for the reasons set forth below.

REASONS SUPPORTING THEDEPARTMENT’S DETERMINATION

The Department agrees that adding this article willclarify the statutes referenced and will make imple-mentation of these statutes consistent. Currently, noregulations exist regarding laboratory procedures andanalytical methods used to obtain the compositionalfat, solids not fat, and total solids content of finishedfluid milk products referenced in these Food andAgricultural Code sections.


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Therefore, pursuant to Government Code section11340.7, the Department intends to schedule thismatter for public hearing in accordance with the noticeand hearing requirements of the California Govern-ment Code.

AGENCY CONTACT PERSON

Kristen Dahl, Dairy Program CoordinatorDepartment of Food and Agriculture1220 N Street, Room A-170Sacramento, CA 95814(916) 654-0773

AVAILABILITY OF THE PETITION

Interested persons may obtain a copy of the petitionfor rulemaking by requesting a copy from the agencycontact person.

SUMMARY OF REGULATORYACTIONS

REGULATIONS FILED WITHSECRETARY OF STATE

This Summary of Regulatory Actions lists regula-tions filed with the Secretary of State on the datesindicated. Copies of the regulations may be obtainedby contacting the agency or from the Secretary ofState, Archives, 1020 O Street, Sacramento, CA,95814, (916) 653-7715. Please have the agency nameand the date filed (see below) when making a request.

BOARD OF EQUALIZATIONManufacturing Equipment

This is a proposed nonsubstantive change whichwould amend the ‘‘Manufacturer’s Exemption Certifi-cate’’ and ‘‘Manufacturer’s Use Tax Declaration,’’which certifies that a purchaser of manufacturingequipment is qualified for a three-year, partialexemption from sales and use tax. The Board is addinglanguage to these certificates that would include notonly purchases of such equipment but also leases aswell. (Leases would qualify for a six-year partialexemption.) In addition, the Board is making otherminor editorial changes.

Title 18California Code of RegulationsAMEND: 1525.2Filed 12/03/02Effective 12/03/02Agency Contact: Diane G. Olson (916) 322-9569

COMMISSION ON PEACE OFFICERSTANDARDS AND TRAININGParticipation in the POST Program

This action deletes an obsolete list of conditions thatwould render a local police department ineligible forparticipation in POST training programs, specifies theprocedure for reviewing a department’s application toparticipate in POST programs, and combines andreorganizes two regulations.

Title 11California Code of RegulationsAMEND: 1001, 1010 REPEAL: 1009Filed 12/03/02Effective 01/02/03Agency Contact: Leah Cherry (916) 227-3891

DEPARTMENT OF CHILD SUPPORT SERVICESPlans of Cooperation

In this Certificate of Compliance regulatory action,the Department of Child Support Services specifies theadministrative requirements for ‘‘state/county plans ofcooperation’’ under which designated local childsupport agencies in the various counties agree toimplement child support services at the local countylevel. The Department further specifies the adminis-trative requirements for ‘‘local plans of cooperation’’under which designated local child support agencies atthe county level may essentially delegate certainresponsibilities for providing child support services toother county agencies.

Title 22California Code of RegulationsADOPT: 110411, 110625, 111110, 111120, 111210,111220, 111230 REPEAL: MPP Sections 12-000,12-003, and Appendix IFiled 12/02/02Effective 12/02/02Agency Contact: Lucila Ledesma (916) 464-5087

DEPARTMENT OF CHILD SUPPORT SERVICESBarnes Notice

In this Certificate of Compliance regulatory action,the Department of Child Support Services sets forththe requirements for a ‘‘Monthly Statement ofCollections and Distribution’’ and a ‘‘Notice ofImportant Information’’ which local child supportagencies must issue to each custodial party who is arecipient of child support services (when the localchild support agency collects or distributes childsupport).

Title 22California Code of RegulationsADOPT: 119184 REPEAL: Manual of Policies andProcedures Section 12-225.3


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Filed 12/03/02Effective 12/03/02Agency Contact: Lucila Ledesma (916) 464-5087

DEPARTMENT OF CONSERVATION2002 Labeling Regulations

This rulemaking adopts requirements for CaliforniaRedemption Value (CRV) labeling for metal bottles.

Title 14California Code of RegulationsAMEND: 2200, 2320, 2500Filed 12/03/02Effective 01/02/03Agency Contact: Karen Denz (916) 322-1899

DEPARTMENT OF FOOD AND AGRICULTUREDirect Marketing

The proposed action would amend the conditionsunder which certified producers may sell theiragricultural products at certified farmers’ markets. Theamendments would require certified producers whosell products under their own primary certificate andalso sell products under a partnership to comply withall requirements that individual certified producers arerequired to comply with, which includes selling forand/or representing for no more than two otherproducers on a certified producer’s certificate in a12-month period.

Title 3California Code of RegulationsAMEND: 1392.1, 1392.2 , 1392.4, 1392.9.1Filed 12/02/02Effective 12/02/02Agency Contact:

Janice L. Price (916) 654-0919

DEPARTMENT OF FOOD AND AGRICULTUREOriental Fruit Interior Quarantine

This emergency rulemaking establishes a quarantinefor Oriental fruit fly in the La Miranda area of LosAngeles and Orange counties.

Title 3California Code of RegulationsAMEND: 3423(b)Filed 12/02/02Effective 12/02/02Agency Contact: Stephen Brown (916) 654-1017

DEPARTMENT OF HEALTH SERVICESNewborn Screening Program Fee Increase

This Certificate of Compliance increases the totalfee for the newborn screening program services from$56 to $60.

Title 17California Code of RegulationsAMEND: 6508

Filed 12/02/02Effective 12/02/02Agency Contact: Linda Tutor (916) 654-0381

DEPARTMENT OF JUSTICELaboratory Certification, Firearms Safety Devices

This emergency rulemaking action revises firearmsafety device listing and delisting procedures andtesting standards and provides for ‘‘unknown’’ makesor models on an affidavit of ownership of anacceptable gun safe. The action also specifies themeans of establishing proof or ownership of anacceptable, listed lock box, and specifies how long afirearms dealer must keep such proof.

Title 11California Code of RegulationsADOPT: 977.52 AMEND: 977.20, 977.43, 977.44,977.45, 977.50, 977.51Filed 12/04/02Effective 12/04/02Agency Contact: Steven Teeters (916) 263-0849

DEPARTMENT OF PESTICIDE REGULATIONOperator Identification Numbers

The regulatory action deals with operator identifi-cation numbers.

Title 3California Code of RegulationsAMEND: 6622Filed 12/03/02Effective 01/02/03Agency Contact:

Linda Irokawa-Otani (916) 445-3991

DEPARTMENT OF SOCIAL SERVICESChild Care Provider Notification Regulations

This emergency rulemaking action requires childcare providers to inform parents if an employee hasbeen granted an exemption to work in a child carefacility. (Previous OAL file #02-0806-04E)

Title 22, MPPCalifornia Code of RegulationsAMEND: 101218.1, 102419, 102421Filed 12/03/02Effective 12/03/02Agency Contact:

Anthony J. Velasquez (916) 657-2586

DEPARTMENT OF TOXIC SUBSTANCESCONTROLManifest Discrepancies

This is the second readoption of emergencyregulations implementing more stringent requirementsfor reporting discrepancies between manifests andactual deliveries of hazardous wastes for certainfederally defined and classified explosives and poison-ous materials.


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Title 22California Code of RegulationsAMEND: 66262.54, 66264.71, 66264.72,66265.71, 66265.72, 66270.30Filed 12/02/02Effective 12/03/02Agency Contact:

Bonnie Amoruso (916) 322-2833

FRANCHISE TAX BOARDBad Debt Deduction for Banks and Savings and LoanAssociations

The Franchise Tax Board is repealing subsection24348(b) entitled ‘‘Bad Debt Deduction for Banks andSavings and Loan Associations,’’ to bring that sectionin to conformity with Revenue and Taxation Codesection 24348 amended by Stats.2002, Ch. 488.

Title 18California Code of RegulationsREPEAL: 24348(b)Filed 12/02/02Effective 01/01/03Agency Contact:

Colleen Berwick (916) 845-3306

OCCUPATIONAL SAFETY AND HEALTHSTANDARDS BOARDOperation of Agricultural Equipment

This action would amend the provision whichspecifies the operating instructions an employer mustgive for operating agricultural equipment to addinstruction on safe work practices and would providethat the agricultural equipment shall be operated inaccordance with the safe work practices and operatingrules specified.

Title 8California Code of RegulationsAMEND: 3441(a)Filed 12/02/02Effective 01/01/03Agency Contact: Marley Hart (916) 274-5721

OCCUPATIONAL SAFETY AND HEALTHSTANDARDS BOARDGas and Electric Welding Systems and Operations

This action amends provisions governing firesuppression and prevention procedures for gas andelectric welding operations.

Title 8California Code of RegulationsAMEND: 4794, 4848, 4850Filed 12/03/02Effective 01/02/03Agency Contact: Marley Hart (916) 274-5721

OSTEOPATHIC MEDICAL BOARD OFCALIFORNIAPhysician’s Assistant

The Osteopathic Medical Board of California isamending sections 1690 and 1691, repealing sections1680, 1681, and 1682, of title 16, California Code ofRegulations, in order to bring those regulations intocompliance with Ch. 736, Stats. 1998. Further,editorial corrections are being made in order toconform sections 1690 and 1691 to those changesmade by File No. 01-0202-01N.

Title 16California Code of RegulationsAMEND: 1690, 1691 REPEAL: 1680, 1681, 1682Filed 12/03/02Effective 01/02/03Agency Contact:

Linda J. Bergman (916) 263-3100

CCR CHANGES FILED WITH THESECRETARY OF STATEWITHIN JULY 31, 2002

TO DECEMBER 04, 2002All regulatory actions filed by OAL during this

period are listed below by California Code ofRegulation’s titles, then by date filed with theSecretary of State, with the Manual of Policies andProcedures changes adopted by the Department ofSocial Services listed last. For further information ona particular file, contact the person listed in theSummary of Regulatory Actions section of the NoticeRegister published on the first Friday more than ninedays after the date filed.Title 1

10/29/02 AMEND: 1, 100Title 2

11/26/02 AMEND: 57.111/18/02 AMEND: 589, 589.3, 589.4, 589.5, 589.911/14/02 AMEND: 227111/04/02 ADOPT: 549.9511/04/02 ADOPT: 1859.70.1, 1859.71.3,

1859.78.5, 1859.78.6, 1859.78.7,1859.93.1, 1859.120, 1859.121,1859.122, 1859.122.1, 1859.122.2,1859.123, 1859.124, 1859.124.1,1859.125, 1859.125.1, 1859.126,1859.127, 1859.128, 1859.129, 1859.130,1859.140, 1859.141, 1859

10/31/02 AMEND: 5100010/31/02 ADOPT: 18531.710/24/02 ADOPT: 235110/09/02 AMEND: 18539.210/04/02 ADOPT: 1854410/04/02 AMEND: 1859.81, 1859.91


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09/16/02 AMEND: 1859.79, 1859.79.3, 1859.81.1,1859.83, 1859.107

09/12/02 AMEND: 18110, 18401, 18404.1, 18451,18540, 18705.4, 18997

09/09/02 AMEND: 1859.92, 1859.104, 1859.105,1859.107

08/19/02 ADOPT: 1853508/14/02 ADOPT: 56, 56.1, 56.2, 56.3, 56.4, 56.5,

56.6, 56.7, 56.808/12/02 ADOPT: 57.1, 57.2, 57.3, 57.408/12/02 ADOPT: 1859.71.2, 1859.78.4, 1859.108

AMEND: 1859.50, 1859.70, 1859.72,1859.73.1, 1859.73.2, 1859.74.1,1859.75.1, 1859.76, 1859.78.2,1859.79.3, 1859.81, 1859.81.1, 1859.82,1859.100, 1859.101, 1859.102, 1859.107

08/07/02 ADOPT: 5900007/31/02 ADOPT: 18450.1

Title 312/03/02 AMEND: 662212/02/02 AMEND: 3423(b)12/02/02 AMEND: 1392.1, 1392.2, 1392.4,

1392.9.111/12/02 ADOPT: 4600, 4601, 4602, 460311/07/02 AMEND: 6000, 671011/01/02 AMEND: 3417(b)10/28/02 AMEND: 3604(b)10/24/02 AMEND: 1380.19, 1430.10, 1430.12,

1430.14, 1430.26, 1430.27, 1430.32,1430.45, 1430.50, 1430.51

10/17/02 ADOPT: 3650, 3651, 3652, 3653, 3654,3655, 3656, 3657, 3658, 3659, 3660,3661, 3662, 3663, 3663.5

10/09/02 AMEND: 1380.19(h), 1420.10, 1442.7REPEAL: 1420.9, 1442.10

09/19/02 ADOPT: 6450, 6450.1, 6450.2, 6450.3,6784 AMEND: 6000 REPEAL: 6450,6450.1, 6450.2, 6450.3, 6784

09/10/02 AMEND: 3700(c)09/09/02 AMEND: 641408/30/02 AMEND: 3423(b)08/29/02 AMEND: 1408.308/19/02 ADOPT: 3664, 3665, 3666, 3667, 3668,

366908/14/02 AMEND: 6172, 6192, 6200, 625208/13/02 AMEND: 3423(b)

Title 410/15/02 ADOPT: 186710/07/02 ADOPT: 12300, 12301, 12302, 12303,

12304, 12305, 12306, 12307, 1230809/12/02 ADOPT: 8110, 8111, 8112, 8113, 8114,

8115, 8116, 8117, 8118, 8119, 8120,8121, 8122, 8123, 8124, 8125

09/03/02 AMEND: 110708/15/02 ADOPT: 4144

08/13/02 AMEND: 7000, 7001, 7002, 7003,7003.5, 7004, 7005, 7006, 7007, 7008,7009, 7010, 7011, 7012, 7013, 7013.1,7013.5, 7014, 7015, 7016, 7017

08/08/02 AMEND: 8072, 8074Title 5

10/21/02 AMEND: 1830110/17/02 ADOPT: 80434 AMEND: 8000108/15/02 ADOPT: 11980, 11981, 11982, 11983,

11984, 11985,08/13/02 ADOPT: 11969.10 REPEAL: 11969.907/31/02 AMEND: 30950, 30951.1, 30952, 30953,

30954, 30955, 30956, 30957, 30958,30959

Title 812/03/02 AMEND: 4794, 4848, 485012/02/02 AMEND: 3441(a)11/18/02 ADOPT: 2980, 2981, 2982, 298310/01/02 AMEND: 3457(b)09/25/02 AMEND: 451, 52709/19/02 AMEND: 14004, 1400509/12/02 AMEND: 1671.209/09/02 ADOPT: 13635.1, 13655, 13656, 13657,

13658, 13659 AMEND: 13630, 13631,13632, 13633, 13634, 13635, 13637,13638,13639, 13640, 13641, 13642,13643, 13644, 13645, 13646,13647,13648, 13649,13650, 13651, 13652,13653, 13654

09/03/02 ADOPT: 2029908/26/02 ADOPT: 340.40, 340.41, 340.42, 340.43,

340.44, 340.45, 340.46, 340.47, 340.48,340.49, 340.50, 340.51, 340.52

08/05/02 AMEND: 336207/31/02 AMEND: 4799

Title 911/26/02 ADOPT: 9526, 9531 AMEND: 9500,

9505, 9515, 9530, 953507/31/02 ADOPT: 9851, 9874 AMEND: 9800,

9846, 9852, 9854, 9856, 9858, 9867,9876, 9884, 9886 REPEAL: 9857

Title 1011/22/02 ADOPT: 2689.1, 2689.2, 2689.3, 2689.4,

2689.5, 2689.6, 2689.7, 2689.8, 2689.9,2689.10, 2689.11, 2689.12, 2689.13,2689.14, 2689.15, 2689.16, 2689.17,2689.18, 2689.19, 2689.20, 2689.21,2689.22, 2689.23, 2689.24,

11/19/02 ADOPT: 2542, 2542.1, 2542.2, 2542.3,2542.4, 2542.5, 2542.6, 2542.7, and2542.8

11/18/02 ADOPT: 2187.411/14/02 AMEND: 500211/07/02 ADOPT: 2193, 2193.1, 2193.2 2193.311/04/02 ADOPT: 2698.99


2294

10/31/02 ADOPT: 2632.1310/16/02 ADOPT: 2660 AMEND: 2646.2, 2648.4,

2651.1, 2652.5, 2655.1, 2655.5, 2655.6,2655.10, 2656.1, 2656.2, 2656.3 2656.4,2657.2, 2658.1, 2659.1, 2661.3, 2697.3

09/25/02 ADOPT: 2698.90, 2698.9109/25/02 AMEND: 250.9.1(a), 250.12(a), 250.51,

350.60(a), 260.001, 260.100.1,260.100.3, 260.102.4(b), 260.102.8(b),260.102.16, 260.103, 260.105.28,260.105.33, 260.111, 260.112, 260.113,260.121, 260.131, 260.140.71.2,260.140.87(e), 260.140.110.2, 260.140.11

09/19/02 AMEND: 2851, 2851.108/30/02 AMEND: 510108/29/02 AMEND: 2698.200, 2698.201, 2698.301,

2698.30208/28/02 AMEND: 2698.7308/28/02 ADOPT: 2278, 2278, 2278.1, 2278.2,

2278.3, 2278.4, 2278.508/27/02 AMEND: 2632.5(d)(11)08/20/02 ADOPT: 1729, 1741.5, 1950.302

AMEND: 1741.508/19/02 AMEND: 2130.308/15/02 ADOPT: 5480, 5480.1, 5480.2, 5480.3,

5480.4, 5480.5, 5480.6, 5480.7, 5480.808/12/02 AMEND: 2318.608/12/02 AMEND: 2318.6, 2353.108/05/02 REPEAL: 310.100.1

Title 1112/04/02 ADOPT: 977.52 AMEND: 977.20,

977.43, 977.44, 977.45, 977.50, 977.5112/03/02 AMEND: 1001, 1010 REPEAL: 100911/26/02 AMEND: 100510/10/02 ADOPT: 435, 436, 437, 438, 439, 440,

441, 442, 443, 444, 445, 446, 447, 448,449, 450, 451, 452, 453, 454, 455, 456457, 458, 459, 460, 461, 462, 463, 464,465, 466, 467, 468, 469, 470, 471, 472,473, 474, 475, 476, 477, 478, 479, 480,481, 482, 483, 48

10/07/02 ADOPT: 1012 AMEND: 1001, 1004,1005, PAM D-13 REPEAL: former 1005

09/18/02 ADOPT: 61.808/29/02 AMEND: 3000, 3001, 3003, 3007 , 300808/27/02 AMEND: 1070, 108208/13/02 AMEND: 1005

Title 1311/25/02 AMEND: 810, 811, 812, 813, 814, 815,

816, 817, 81811/04/02 ADOPT: 225.00, 225.03, 225.06, 225.09,

225.12, 225.15, 225.18, 225.21, 225.24,225.27, 226.30, 225.33, 225.36, 225.39,225.41, 225.45, 225.48, 225.51, 225.54,225.57, 225.60, 225.63, 225.66, 225.69,225.72, and related forms

10/18/02 AMEND: 1956.809/16/02 AMEND: 1960.1, 1960.5, 1961, 1962,

Title 13, 1709/12/02 ADOPT: 1969, 60060.1, 60060.2,

60060.3, 60060.4, 60060.5, 60060.6,60060.7

Title 1412/03/02 AMEND: 2200, 2320, 250011/25/02 AMEND: 912.7, 932.7, 952.711/25/02 AMEND: 895.1, 929.1, [949.1, 969.1],

929.2, [949.2, 969.2], 929.3, [949.3,969.3], 929.4, [949.4, 969.4] REPEAL:929.5, [949.5, 969.5], 1037.5(a), 1052

11/21/02 AMEND: 1038(f)11/21/02 AMEND: 791.1, 870.15, 870.17, 870.19,

870.21 and incorporated by referenceform FG-OSPR -1972

11/18/02 AMEND: 2090, 2105, 2420, 2425, 2530and 2690 renumbered to 2850

11/18/02 AMEND: 932.9, 952.911/14/02 AMEND: 895.1, 912.7, 913.1, 913.2,

932.7, 933.1, 933.2, 952.7, 953.1, 953.211/07/02 AMEND: 7.50(b)(5)(E), 7.50(b)(156)(H)11/07/02 ADOPT: 749.210/28/02 AMEND: 1058.510/28/02 ADOPT: 497110/24/02 ADOPT: 17211, 17211.1, 17211.2,

17211.3, 17211.4, 17211.5, 17211.6,17211.7, 17211.8, 17211.9

10/21/02 AMEND: 163, 163.5, 16410/15/02 AMEND: 203010/09/02 AMEND: 502, 507(c)10/09/02 ADOPT: 819.06, 819.07 AMEND:

815.03, 815.05, 817.02, 817.03, 818.02,818.03, 819, 819.01, 819.02.8, 19.03,819.04, 819.05

10/08/02 AMEND: 213510/03/02 AMEND: 350210/03/02 ADOPT: 3810, 3811, 3812, 3813, 3814,

3815, 3816, 381710/01/02 ADOPT: 3940, 3941, 3942, 3943, 3944,

3945, 3946, 3947, 394810/01/02 AMEND: 3650, 3652, 3653, 3655, 3656,

365809/30/02 AMEND: 3901, 3909, 391009/30/02 AMEND: 17400, 17402, 17402.509/19/02 AMEND: 3626, 3627, 362809/18/02 AMEND: 300(a) REPEAL: 502.109/12/02 ADOPT: 105.5 REPEAL: 19509/12/02 AMEND: 120.309/09/02 ADOPT: 71209/09/02 AMEND: 550, 551, 55209/04/02 ADOPT: 104.108/28/02 ADOPT: 786.7, 786.8 AMEND: 786.0,

786.1, 786.2, 786.3, 786.4, 786.5, 786.6


2295

08/26/02 ADOPT: 18090.0, 18090.1, 18090.2,18090.3, 18091.1, 18092.0, 18093.0,18093.1, 18094.0 AMEND: 18011

08/21/02 AMEND: 7.50 (b)(212)08/13/02 ADOPT: 844.3, 844.4, 844.5 AMEND:

790, 840, 840.1, 841, 842, 843, 843.1,843.2, 843.3, 843.4, 843.6, 843.7, 843.8,843.9, 844, 844.1, 844.2, 844.6, 844.7,845, 845.1, and 845.2

08/12/02 ADOPT: 150.02, 150.0408/09/02 AMEND: 670.208/06/02 AMEND: 28.5907/31/02 ADOPT: 50.00, 50.01, 50.02, 50.03,

51.00, 51.01, 51.02, 51.04, 51.05, 155.01,155.05, 155.10 AMEND: 109

Title 1510/04/02 AMEND: 3025, 331509/30/02 AMEND: 300608/27/02 ADOPT: 3375.5 AMEND: 3000, 3375,

3375.1, 3375.2, 3375.3, 3375.4, 337708/19/02 ADOPT: 3426

Title 1612/03/02 AMEND: 1690, 1691 REPEAL: 1680,

1681, 168210/23/02 ADOPT: 1777, 1777.1, 1777.2, 1777.3,

1777.4, 1777.5, 1778, 1778.1, 1778.2,1778.3

10/08/02 AMEND: 30810/02/02 ADOPT: 306.309/24/02 AMEND: 1999.509/23/02 AMEND: 306.209/13/02 AMEND: 181109/11/02 ADOPT: 1706.5, Article 5, Article 6,

Article 7, Article 8, Article 10, Article10.1. AMEND: 1703, 1704, 1705, 1706,1706.1, 1707.1, 1707.3, 1708.2, 1708.3,1708.4,1709, 1710, 1715.6, 1716, 1716.1,1716.2, 1717, 1717.1, 1717.2, 1717.4,1718, 1718.1, 171

09/10/02 AMEND: 331-12.2(e)09/10/02 AMEND: 1305, 1306, 132809/09/02 AMEND: 43808/20/02 AMEND: 1382.308/08/02 AMEND: 1707.208/07/02 ADOPT: 4140, 4141, 4142, 414308/01/02 ADOPT: 3367, 336807/31/02 AMEND: 2473

Title 1712/02/02 AMEND: 650811/12/02 AMEND: 9400610/29/02 AMEND: 54000, 5400110/08/02 AMEND: 93105(a)(1)

09/24/02 AMEND: 6020, 6025, 6035, 6050, 6051,6065, 6070, 6075

09/04/02 ADOPT: 94200, 94201, 94202, 94203,94204, 94205, 94206, 94207, 94208,94209, 94210, 94211, 94212, 94213,94214

08/29/02 AMEND: 5733208/22/02 ADOPT: 33001, 33002, 3303, 33004,

33005, 33006, 33007, 33008, 33010,33011, 33012, 33013, 33014, 33015,33025, 33050 AMEND: 33020, 33030,33040 REPEAL: 33001, 33010

08/20/02 ADOPT: 9311208/19/02 ADOPT: 94164, 94165 AMEND: 94010,

94011, 94153, 94155, 94163,08/08/02 AMEND: 5842008/08/02 AMEND: 30253

Title 1812/03/02 AMEND: 1525.212/02/02 REPEAL: 24348(b)10/08/02 AMEND: 24344(c)09/19/02 AMEND: 305.109/03/02 ADOPT: 153409/03/02 AMEND: 154109/03/02 AMEND: 154008/20/02 AMEND: 152808/19/02 AMEND: 1543

Title 1911/21/02 AMEND: 557.9, 560, 567, 574.6, 575.3,

575.4(a), 578.10, 594.3, 594.5, 595.5,596, 596.1, 596.2, 596.3

10/21/02 AMEND: 981.3(a)(b)(d)10/10/02 ADOPT: 2735.3(rr), 2770.4.1 AMEND:

2735.3(rr) to (zz), 2770.509/12/02 ADOPT: 2575, 2575.1, 2575.2, 2576,

2576.1, 2577, 2577.1, 2577.2, 2577.3,2577.4, 2577.5, 2577.6, 2577.7, 2577.8,2578, 2578.1, 2578.2

09/12/02 ADOPT: 2575, 2575.1, 2575.2, 2576,2576.1, 2577, 2577.1, 2577.2, 2577.3,2577.4, 2577.5, 2577.6, 2577.7, 2577.8,2578, 2578.1, 2578.2, 2578.3

Title 2010/28/02 ADOPT: 1601, 1602, 1602.1, 1603, 1604,

1605, 1605.1, 1605.2, 1605.3, 1606,1607, 1608 REPEAL: 1601, 1602, 1603,1604, 1605, 1606, 1607, 1608

Title 2212/03/02 ADOPT: 119184 REPEAL: Manual of

Policies and Procedures Section 12-225.312/02/02 AMEND: 66262.54, 66264.71, 66264.72,

66265.71, 66265.72, 66270.30


2296

12/02/02 ADOPT: 110411, 110625, 111110,111120, 111210, 111220, 111230 RE-PEAL: MPP Sections 12-000, 12-003,and Appendix I

11/25/02 ADOPT: 119015, 119019, 119045,119069, 119076, 119191, and Forms CSS4476 (09/02), CSS 4477 (09/02), CSS4478 (09/02), CSS 4479 (09/02), CSS4480 (09/02), and CSS 4481 (09/02)

11/25/02 ADOPT: 66273.6, 66273.80, 66273.81,99273.82, 66273.83, 66273.84, 66273.85,66273.86, 66273.87, 66273.88, 66273.89,66273.90 AMEND: 66271.9, 66273.1,66273.8, 66273.9

11/18/02 ADOPT: 4407.111/18/02 AMEND: 6910311/05/02 AMEND: 1256-9, 1253. 12-1, 1030(a)-110/31/02 ADOPT: 6480610/28/02 ADOPT: 110250, 110374, 117016,

117019, 117021, 117025, 117030,117036, 117042, 117047, 117049,117052, 117054, 117064, 117074,117080, 117083, 11785, 117089, 117091,117094, 117200, 117300, 117301,117302, 117303, 117400, 117401,117402, 117403, 117404,

10/21/02 ADOPT: 110226, 110242, 110251,110336, 110337, 110355, 110485,110547, 110615, 116004, 116018,116036,116038, 116042, 116061, 116062,116063, 116100, 116102, 116104,116106, 116108, 116110,116114,116116,116118, 116120, 116122, 116124,116130, 116132,116

10/09/02 ADOPT: 111900, 111910, 111920,121100, 121120, 121140 REPEAL:(MPP) 12-435

10/07/02 AMEND: 5000, 5065, 510209/30/02 ADOPT: 110550 AMEND: 110413,

113100, 113200, 113300 REPEAL: 12-401.1, 12-104.432

09/23/02 AMEND: 66261.909/03/02 ADOPT: 69100, 69101, 69102, 69103,

69104, 69105, 69106, 6910709/03/02 AMEND: 4063308/27/02 AMEND: 12601, 1220108/22/02 ADOPT: 110385, 110449, 110554,

118020, 11820308/21/02 AMEND: Chapter 1; Section 700008/14/02 ADOPT: 11156008/06/02 ADOPT: 63000.17, 63000.47, 63000.66,

63000.70, 63000.81, 63000.84, 63000.85,63000.86, 63000.87, 63000.88, 63015,63058 AMEND: 63000.19, 63000.37(and renumbered to 63000.67), 63000.40,

63000.43, 63000.62, 63000.86 (and re-numbered to 63000.89), 63000.89

08/06/02 ADOPT: 66273.6, 66273.80, 66273.81,66273.82, 66273.83, 66273.84, 66273.85,66273.86, 66273.87, 66273.68, 66273.69,66273.90 AMEND: 66271.9, 66273.1,66273.8, 66273.9

08/05/02 AMEND: 68200, 68201, 68202, 68203,68204, 68205, 68206, 68207, 68208,68209, 68210, 68211, 68212, 68213,68214

08/01/02 AMEND: 66262.54, 66264.71, 66264.72,66265.71, 66265.72, 66270.30, Appendix

Title 22, MPP12/03/02 AMEND: 101218.1, 102419, 10242110/28/02 ADOPT: 89202, 89261, 89319, 89323,

89370, 89372, 89374, 89376, 89388,89400, 89405 AMEND: 87000, 87001,87005, 87006, 87007, 87009, 87010,87010.1, 87010.2, 87017, 87018, 87019,87019.1, 87019.2, 87020, 87021, 87024,87026, 87027, 87028, 87029, 87031, 9

08/15/02 ADOPT: 110041, 110042, 110098,110284, 110299, 110428, 110539,110609, 112002, 112015, 112025,112034,112035 AMEND: 110430,110431, 110473, 112100, 112110, 12130,112140, 112150, 112152, 112154,112155, 112200,112210, 112300, 112301,112302, REPEAL: 12

08/09/02 AMEND: 80001, 80006, 80061, 80065,80068.3, 80071, 80075, 80077.2,80077.3, 80077.4, 80087, 80090,80092.1, 80092.2, 80092.3, 80092.4,80092.6, 80092.7, 80092.8, 80092.9,80092.10, 80092.11 REPEAL: 80095

08/09/02 ADOPT: 80075.1, 82075.2, 87575.2,87925 AMEND: 80001, 80061, 82001,82061, 87101, 87561, 87801, 87861

08/07/02 AMEND: 101218.1, 102419, 10242108/01/02 AMEND: 87101, 87565, 87566, 87568,

87589Title 23

10/29/02 AMEND: 220009/25/02 AMEND: 645, 717(c), 767(b)09/19/02 AMEND: 393708/27/02 ADOPT: 3410, 3410.1, 3410.2, 3410.3,

3410.4, 3410.508/23/02 ADOPT: 2729, 2729.108/08/02 AMEND: 3953

Title 2511/07/02 AMEND: 1317, 1318, 131911/07/02 AMEND: 557510/01/02 AMEND: 7202, 723409/30/02 AMEND: Section 6500, Appendix A & B


2297

Title 2811/21/02 AMEND: 1000,1300.43.3,1300.43.6,

1300.43.10, 1300.43.13, 1300.43.14,1300.43.15, 1300.45, 1300.47 1300.51,1300.51.1, 1300.51.2, 1300.52.1,1300.61.3, 1300.65.1, 1300.89, 1300.99

11/12/02 ADOPT: 1300.70.4, 1300.74.30AMEND: 1300.68, 1300.68.01

08/19/02 ADOPT: 1300.73.2108/12/02 ADOPT: 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008Title MPP

10/21/02 AMEND: 31-001, 31-002, 31-075, 31-401, 31-405, 31-410, 31-420, 31-440,31-445

10/02/02 ADOPT: 40-107.141, .142, .143, .144,.15, . 151, .152; 42-302.114, .114(a)-(c),.21(h)(l), .3; 44-133.8; 82-833 AMEND:40-107.14, 16, .17, .18, .19; 42-301.2;44-133.51; 82-823

09/30/02 AMEND: 63-403.1, 63-405.134, 63-409.122, 63-502.31

08/30/02 ADOPT: 16-001, 16-003, 16-005, 16-010, 16-015, 16-105, 16-120, 16-130,16-201, 16-215, 16-301, 16-310, 16-315,16-320, 16-325, 16-401, 16-410, 16-501,16-505, 16-510, 16-515, 16-517, 16-520,16-601, 16-610, 16-701, 16-750, 16-801AMEND: 20-300, 44-302,

08/06/02 AMEND: 63-102, 63-103, 63-300, 63-301, 63-503

08/01/02 AMEND: 40-181.1(e); 42-710.6; 42-711.5, .6, &.8,42-721.1 &.4;44-314.1&.2;80-301(r); and 82-812.6

08/01/02 AMEND: 42-701.2(w), 42-710.1, 42-710.2, 42-710.3, 42-711.522(c)(1), 42-711.544, 42-711.91, 42-711.931, 42-711.941, 42-712.441(a), 42-718.21, 42-719.11, 42-719.111, 42-719.2, 42-719.3,42-721.511(d)

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Printed on recycled paperOSP 02 70133-756


2298

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