REGISTER (Continued on next page) Time- Dated Material EDMUND G. BROWN, JR., GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2018, NO. 50−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW DECEMBER 14, 2018 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File No. Z2018−1204−04 ......................................... 2191 Adoption Multi−County: Glenn Groundwater Authority Amendment Multi−County: Coachella Valley Water District Sonoma Marin Area Rail Transit State Agency: Office of Statewide Health Planning and Development TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Materiality Standards — Notice File No. Z2018−1204−03 ............................................. 2192 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Streamline Case Factors — Notice File No. Z2018−1204−02 .......................................... 2193 TITLE 4. CALIFORNIA GAMBLING CONTROL COMMISSION Updates and Amendments to Hearings — Notice File No. Z2018−1116−03 ................................ 2194 TITLE 11. DEPARTMENT OF JUSTICE Ammunition Purchase or Transfers — Notice File No. Z2018−1204−08 .................................. 2203 TITLE 13.

CALIFORNIA HIGHWAY PATROL Explosives Routes and Stopping Places — Notice File No. Z2018−1204−01 ............................... 2207 TITLE 13. DEPARTMENT OF MOTOR VEHICLES Environmental and Special Interest License Plates — Notice File No. Z2018−1204−09 ...................... 2209 TITLE 14. DEPARTMENT OF PARKS AND RECREATION/DIVISION OF BOATING AND WATERWAYS California Boater Card — Notice File No. Z2018−1204−05 ........................................... 2211 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Automatic Restoration of Forfeited Credits — Notice File No.

Z2018−1128−01 ........................... 2214

TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Provisions of Care and Treatment Exclusions — Notice File No. Z2018−1204−10 .......................... 2217 GENERAL PUBLIC INTEREST DEPARTMENT OF DEVELOPMENTAL SERVICES Amendment to 1915(

c) Home and Community−Based Services (HCBS) — DD Waiver ....................... 2219 DEPARTMENT OF FISH AND WILDLIFE Research on American Peregrine Falcon .......................................................... 2220 OFFICE OF ENVIROMENTAL HEALTH HAZARD ASSESSMENT Notice of Extension of the Public Comment Period Concerning Notice of Intent to List: p−Chlor o−aaa−Trifluorotoluene (Previously Published in Notice Register 2018, 47−Z) .................. 2221 DISAPPROV AL DECISION CALIFORNIA HORSE RACING BOARD Altering of Sex of Horse ........................................................................ 2221

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................ 2222 Sections Filed, July 4, 2018 to December 5, 2018 ................................................... 2226 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations.

The effective period of a notice of proposed regulatory action by a state agency in the California 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 REGULA TORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Ma ll, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price).

To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2191 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment Code to review proposed conflict of interest codes, will review the proposed/amended conflict−of− interest codes of the following: CONFLICT−OF−INTEREST CODES ADOPTION MUL TI−COUNTY: Glenn Groundwater Authority AMENDMENT MULTI−COUNTY: Coachella Valley Water District Sonoma Marin Area Rail T ransit STATE AGENCY: Office of Statewide Health Planning and Development A written comment period has been established com- mencing o n December 14, 2018, and closing on January 28, 2019.

Written comments should be directed to the Fair Political Practices Commission, Attention Brianne Kilbane, 1102 Q Street, Suite 3000, Sacramento, Cali- fornia 95811. At the end of the 45−day comment period, the pro- posed conflict−of−interest code(

s) will be submitted to the Commission’s Executive Director for her review, unless any interested person or his or her duly autho- rized representative requests, no later than 15 days prior to the close of the written comment period, a public hearing before the full Commission. If a public hearing is requested, the proposed code(

s) will be submitted to the Commission for review. The Executive Director of the Commission will re- view the above−referenced conflict−of−interest code(s), proposed pursuant to Government Code Sec- tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose cer- tain investments, interests in real property and income. The Executive Director of the Commission, upon her o r its own motion or at the request of any interested per- son, will approve, or revise and approve, or return the proposed code(

s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than January 28, 2019. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.

COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Govern- ment Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code−reviewing body for the above conflict−of− interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re−submission.

REFERENCE Government Code Sections 87300 and 87306 pro- vide that agencies shall adopt and promulgate conflict− of−interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict−of− interest code(

s) should be made to Brianne Kilbane,

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2192 Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes m ay be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the au- thority vested in it under the Political Reform Act (the Act) 1 by

Section 83112 of the Government Code, pro- poses to adopt, amend, or repeal regulations in Title 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regulation at a public hearing on or after January 17, 2019, at Oakland City Hall, 1 Frank Ogawa Plaza, Hearing Room 1, Oak- land, California, commencing at approximately 10:00 a.m. Written comments must be received at the Com- mission offices no later than 5:00 p.m. on January 15, 2019. BACKGROUND/OVERVIEW Governing Statutes.

The Act’ s conflict−of−interest provisions ensure that public officials perform their du- ties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them.

Section 87100 pro- hibits a public official from using his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest. Under

Section 87103(b), a public official has a financial inter- est in a decision within the meaning of

Section 87100 if it is “reasonably foreseeable” that the decision will have a “material financial effect” on the certain enumerated interests including an interest in real property in which the official has a direct or indirect interest of $2,000 or more. (Section 87103(b).) Existing Regulation. Regulation 18702.2 provides the materiality standards for interests in real property . Under Regulation 18701 and Regulation 18702.2(a)(1)−(6), an effect on an interest in real prop- erty is foreseeable and material whenever a decision ex- plicitly involves the property.

When property is not ex- plicitly involved in the decision, the materiality stan- dards are provided in Regulation 18702.2(a)(7)−(12), which provides that a foreseeable effect is material if the decision changes the property’s development or in- come producing potential, changes the property’s high- est or best use, changes the property’s character, affects real property located within 500 feet of the official’s re- al property, or is of such a nature that the decision would influence the market value of the official’s property.

Existing Regulation 18702.2(a)(11), the “500 foot rule,” provides that a foreseeable effect is material if the governmental decision: Would consider any decision affecting real property value located within 500 feet of the property line of the of ficial’s real property, other than commercial property containing a business entity where the materiality standards are analyzed under Regulation 18702.1.

Notwithstanding this prohibition, the Commission may provide written advice allowing an official to participate under these circumstances if the Commission determines that there are sufficient facts to indicate that there will be no reasonably foreseeable measurable impact on the official’s property.... Under this existing standard, determining materiality i s straightforward where a property is within 500 feet of the property subject to the decision.

However, deter- mining materiality where a property is more than 500 feet from the property subject to the decision is more complicated and subjective, and requires a comprehen- sive review of all factors that potentially affect the value of the property. 2 REGULATORY ACTION Amend 2 Cal. Code Regs.

Section 18702.2 — Materiality Standard: Financial Interest in Real Property . Amendments to Regulation 18702.2. The Commis- sion may consider amendments to all provisions of cur- rent Regulation 18702.2 including, but not limited to, the appropriate materiality standards for interests in real properties and further defining when interests in real 1 The Political Reform Act is contained in Government Code Sec- tions 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated.

The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regula- tions. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. 2 The existing Regulation 18702.2 eliminated a prior bright−line 500−foot rule.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2193 properties are explicitly involved in governmental deci- sions.

At a minimum, Commission staff anticipates proposing the following: • Amending the materiality standard to establish a bright−line rule and allow an official to participate in a decision if the official’s property interest is a sufficient distance from the property subject to the decision. • Requiring that interests in business properties be evaluated under the materiality standards for real property. • Clarifying that an official is disqualified from a decision affecting a leasehold interest in property if the decision will affect the rental value of the property.

SCOPE The Commission may adopt the language noticed herein or it may choose new language to implement its decisions concerning the issues identified above or re- lated issues. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. This regulation will have no fiscal impact on any local entity or program. Fiscal Impact on State Government. This regulation will have no fiscal impact on any state entity or program. Fiscal Impact on Federal Funding of State Programs. This regulation will have no fiscal impact on the federal funding of any state program or entity. AUTHORITY

Section 83112 provides that the Fair Political Prac- tices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE Sections 87100, 87102.5, 87102.6, 87102.8 and 87103, Government Code. CONTACT Any inquiries should be made to John M. Feser Jr., Fair Political Practices Commission, 1 102 Q St., Suite 3000, Sacramento, CA 95811; telephone (916) 322−5660 or 1−866−ASK−FPPC. The language of the proposed amendment of Regulation 18702.2 can be ac- cessed at http://www.fppc.ca.gov/the−law/fppc− regulations/proposed−regulations−and−notices.html. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Politi- cal Practices Commission (the Commission), under the authority vested in it under the Political Reform Act (the Act) 1 by

Section 83112 of the Government Code, proposes to adopt, amend, or repeal regulations in Title 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regulation at a public hearing on or after January 17, 2019, at Oakland City Hall, 1 Frank Ogawa Plaza, Hearing Room 1, Oak- land, California commencing at approximately 10:00 a.m. Written comments must be received at the Com- mission offices no later than 5:00 p.m. on January 15, 2019.

BACKGROUND/OVERVIEW The Commission’s Streamline Settlement Program was established for the Enforcement Division’ s prose- cution of those violations with a lesser degree of public harm. A large percentage of cases before the Commis- sion are resolved through the existing Streamline Set- tlement Program. For instance, 77% of all cases pre- sented to the Commission in 2017 were resolved through the program.

Violations currently included in the program include: • SEI Non−Filer. • SEI Non−Reporter. • Campaign Statement/Report Non−Filer. • Campaign Statement/Report Non−Reporter. • Lobbyist/Lobbying Firm/Lobbyist Employer/ Lobbying Coalition/$5,000−Filer Report Non−Filer. Currently, the Enforcement Division has discretion to include o r exclude any case from the program based up- on mitigating and aggravating circumstances. Aggra- vating circumstances include: prior non−filing/non− reporting history, prior Enforcement prosecutions, or accompanying violations.

Mitigating circumstances in- clude: no longer in office, illness, level of sophistica- tion, or other extenuating circumstances. 1 The Political Reform Act is contained in Government Code Sec- tions 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regula- tions. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2194 REGULATORY ACTION Adopt 2 Cal. Code Regs. Sections 18360.1 and 18360.2. Proposed Regulations 18360.1 and 18360.2 are in- tended to codify the Commission’ s Streamline Settle- ment Program.

In considering Regulations 18360.1 and 18360.2, the Commission may consider any issues per- taining to the implementation of the Streamline Settle- ment Program including, but not limited to, the following: • Types of violations included in the program. • Factors for participation in the programs such as mitigating or aggravating circumstances. • Penalty amount and structure. SCOPE: The Commission may adopt the language noticed herein or it may choose new language to imple- ment its decisions concerning the issues identified above or related issues. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government.

This regulation will have no fiscal impact on any local entity or program. Fiscal Impact on State Government. This regulation will have no fiscal impact on any state entity or program. Fiscal Impact on Federal Funding of State Programs. This regulation will have no fiscal impact on the federal funding of any state program or entity. AUTHORITY

Section 83112 provides that the Fair Political Prac- tices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE

Section 83116.5, Government Code. CONTACT Any inquiries should be made to Ryan O’Conner, Fair Political Practices Commission, 1 102 Q St., Suite 3000, Sacramento, CA 95811; telephone (916) 322−5660 or 1−866−ASK−FPPC. Proposed regulatory language can be accessed at http://www.fppc.ca.gov/ the−law/fppc−regulations/proposed−regulations−and− notices.html. TITLE 4.

CALIFORNIA GAMBLING CONTROL COMMISSION UPDATES AND AMENDMENTS TO APPLICATION WITHDRAWALS AND ABANDONMENTS, AND HEARING PROCEDURES CGCC−GCA−2018−04−R NOTICE IS HEREBY GIVEN that the California Gambling Control Commission (Commission) is proposing to take the action described in the Informa- tive Digest after consideration of all relevant public comments, objections, and recommendations received concerning the proposed action.

Comments, objec- tions, and recommendations may be submitted as follows: WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to the Commission at any time during the 45−day public comment period, which closes on February 8, 2019. Written comments rele- vant to the proposed regulatory action may be sent by mail, facsimile, or e−mail, directed to one of the indi- viduals designated in this notice as a contact person.

To be eligible for the Commission’s consideration, all writ- ten comments must be received at its office no later than 5:00 p.m. on February 8, 2019. Comments sent to persons and/or addresses other than those speci- fied under Contact Persons, or received after the date and time specified above, will be included in the record of this proposed regulatory action, but will not be summarized or responded to regardless of the manner of transmission. PUBLIC HEARING The Commission has not scheduled a public hearing on this matter .

Any interested person, or his or her au- thorized representative, may request a hearing pursuant to Government Code

section 11346.8. A request for a hearing should be directed to the person(

s) listed under Contact Persons no later than 15 days prior to the close of the written comment period. ADOPTION OF PROPOSED ACTION After the close of the public comment period, the Commission, upon its own motion or at the instance of any interested party, may thereafter formally adopt the

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2195 proposals substantially as described below or may mod- ify such proposals if such modifications are sufficiently related to the original text. With the exception of techni- cal or grammatical changes, the full text of any modi- fied proposal will be available for 15 days prior to its adoption from the person designated in this Notice as contact person and will be mailed to those persons who submit oral or written testimony related to this proposal or who have requested notification of any changes to the proposal.

AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 19811, 19823, 19824, 19825, 19840, 19841, 19853, 19854, 19869, 19870, 19871, 19872, 19893 and 19951, of the Business and Professions Code, and sections 11400.20, 11410.40, 11415.10, and 11415.20 of the Government Code; and to implement, interpret or make specific sec- tions 19800, 19805, 19811, 19816, 19821, 19822, 19823, 19824, 19824.5, 19825, 19826, 19827, 19834, 19856, 19859, 19867, 19868, 19869, 19870, 19871, 19872, 19876, 19880, 19881, 19882, 19883, 19890, 19891, 19892, 19930, 19951, and 19984 of the Busi- ness and Professions Code and sections 11425.10, 11430.10, 11430.20, 11430.30, 11430.50, 11430.60, 11512, 11517 and 11521, of the Government Code, the Commission is proposing to adopt the following changes to

Chapter 1 of Division 18 of Title 4 of the Cal- ifornia Code of Regulations: INFORMATIVE DIGEST AND POLICY ST ATEMENT OVERVIEW INTRODUCTION: The California Gambling Control Commission (Commission) is the state agency charged with the ad- ministration and implementation of the California Gambling Control Act (Act or GCA). 1 Under the Act, the Commission is required to approve, condition, or deny an application for license or other approval at a meeting [evidentiary hearing] where certain provisions must be provided.

The Commission previously adopted regulations under California Code of Regulations, Title 4, Division 18, sections 12006 to 12068 concerning the procedures for evidentiary hearings in 2014. Modifica- tions are proposed to address discrepancies and ambi- guities, and provide additional clarity on certain topics. These modifications include, for instance, guidance on hearing notices, interim renewal licenses, notice of de- fense forms, default decisions, reconsideration re- quests, and divestiture provisions. E XISTING LAW:

Section 19825 of the Business and Professions Code2 provides authority for the Commission to elect to utilize the Administrative Procedure Act in place of a hearing or meeting of an adjudicative nature.

Section 19870, subdivision (

a) provides authority for holding evidentiary hearings, and states that “the Com- mission, after considering the recommendation of the chief and any other testimony and written comments as may be presented at the meeting, or as may have been submitted in writing to the commission prior to the meeting, may either deny the application or grant a li- cense to an applicant who it determines to be qualified to hold the license.”

Section 19871, subdivision (

a) provides authority for promulgating regulations pertaining to the evidentiary hearing process, and provides a list of items that must be part of the process by stating that “[t]he Commission meeting described in

section 19870 shall be conducted in accordance with regulations of the Commission . . .” E FFECT OF REGULATORY ACTION This proposed regulation has been prepared to imple- ment sections 19869, 19870, 19871 and 19872 by pro- viding a clear structure for the consideration of applica- tions by the Commission that provides both flexibility to the applicant and ensures that the Commission is able to review any information it needs in order to determine if an applicant is a person of good character, honesty and integrity. This regulation establishes clear direction by identifying the steps in the process.

Providing clarity helps to ensure consistency and uniformity. The ability to provide a clear procedure for the consideration of in- formation is a vitally important part of ensuring that the Commission makes informed decisions and furthers the State’s interest in fairly and effectively regulating gambling.

A NTICIPATED BENEFITS OF PROPOSED REGULATION: This proposed action will have the benefit of provid- ing additional clarity on the hearing process by more fully identifying the steps and requirements, correcting ambiguities and filling gaps, and providing clear guid- ance to the Commission, the Bureau, and the applicant, while protecting the applicant’s due process and proce- dural rights. This proposed action will further provide the Commission and Bureau with a more complete process to follow when processing and reviewing appli- cations that allows each organization to understand their various roles.

The applicant will benefit by better understanding the process under which his, her, or its 1 Business and Professions Code, Division 8,

Chapter 4,

section 19800 et seq. 2 All statutory references hereinafter are to the Business and Pro- fessions Code, unless otherwise specified.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2196 application will be considered, including how failure to participate in the process can affect his, her, or its appli- cation and other possible actions that can be taken by the Commission. S PECIFIC PROPOSAL: This proposed action will make changes within Divi- sion 18 of Title 4 of the California Code of Regulations, as follows: A general change has been made in the proposal to re- place the word “shall” with other words less subject to

interpretation.

CHAPTER 1. GENERAL PROVISIONS

ARTICLE 1.

DEFINITIONS AND GENERAL PROCEDURES Amend

Section 12002.

Definitions 1. Subsection (

h) would add clarity to the definition of “Chief” as provided in Business and Professions Code

section 19805, subdivision (d). This definition adds to the term “Chief of the Bureau.” This works in conjunction with the definition of Bureau in subsection (

e) by clarifying that the Bureau is the entity within the Department that is responsible for fulfilling the obligations imposed upon the Department by the Act. 2. The current subsections (

h) through and including (aa) will be renumbered as (

i) through and including (ab), accordingly. Amend

Section 12006. Service of Notices, Orders a nd Communications This

section describes how the Commission will communicate with applicants and is the default manner for all notices. 1. Subsection (

a) is modified to allow for notices to b e provided by first class mail and registered mail in addition to certified mail. 2. Subsection (

b) is replaced with a new provision added t o provide flexibility when providing notice for applications, licensees, and designated agents who request in writing to receive notices via email. 3. Subsection (

c) is added to hold the contents of former subsection (

b) and modified to allow notices to be effective upon “transmission.” Amend

Section 12012. Ex Parte Communication This

section addresses and defines ex parte commu- nications. The Act3 imposes prohibitions on communi- cation between “Members of the Commission” and an applicant or an agent of an applicant under certain con- ditions; however these prohibitions are ambiguous.

Section 12012 adds clarity and guidance regarding pro- hibited communications to members of the Commis- sion, employees of the Commission, Bureau staff, the applicant, and interested parties. The word “issued” is replaced in subsections (

b) and (

c) with “submitted” as parties submit documents to the Commission who in turn issues licenses, approvals, or notices of hearing. Also “and” is added to subparagraph (d)(7)(

B) to clarify the intent of the

section as being a list of required ele- ments. This is also consistent with other changes throughout the regulations. These are non−substantive changes. 1. Subsection (d)(3) is modified to make clear that information or documents provided by an applicant’ s designated agent are included with those from an applicant when determining if the exclusion form the ex parte definition applies. 2. Subsection (d)(6) is added to make clear that communications between an advisor and a member of the Commission, by themselves, are not ex parte communications. Amend

Section 12014. Subpoenas The Act requires evidentiary hearings where the Commission may take testimony from witnesses under oath. This

section provides the guidance and authority for how witnesses may be compelled to testify at evi- dentiary hearings. The only change in this

section is the usage of the word “shall” which is replaced with more appropriate words. Amend

Section 12015. W ithdrawal of Applications The Act’s application process can be lengthy, espe- cially for those applying to be owners of a cardroom, a nd requires a significant investment in time and funds for the applicant, the Bureau, and the Commission. If at any point in the process, the applicant no longer wishes to proceed with the application, it is beneficial to all par- ties to have a procedure by which the application process may be ended. The Act, in

section 19869, pro- vides for a request to withdraw an application and dif- ferentiates between a withdrawal granted “with preju- dice” and one granted “without prejudice.” 1. Subsection (

a) is modified to make clear that a designated agent may make a request on behalf of an applicant to withdraw an application. 2. Subsection (

f) is modified to restructure the

section to make clear that an applicant does not withdraw an application, but rather the Commission approves a withdrawal request. Amend

Section 12017. Abandonment of Applications This

section provides for the abandonment of appli- cations under limited specified circumstances. The word “issued” is replaced with “submitted.” 1.

Section (a)(1)(

B) is modified to allow designated agents t o provide information to the Bureau on the applicant’s behalf.3 Specifically,

section 19872.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2197 2.

Section (b)(1) is modified to clarify that the Bureau makes the recommendation for approval o r makes no recommendation. 3.

Section (

c) is modified in two ways. First, the sentence is restructured to be more consistent in syntax to (b)(1). Second, the last clause of the

section is stricken as unnecessary. 4.

Section (

d) is modified to replace “unexpended” with “unused” and “possible” is replaced with “available.” 5.

Section (

e) is modified to replace “their” with “his, her , or its” application to be consistent with the same language as used elsewhere in

Section 12017. Additionally, this

section is modified to make clear that the Commission deems an application abandoned, rather than an applicant abandons an application. Amend

Section 12035. Issuance of Interim Renewal License This

section provides for the issuance of interim re- newal licenses. Interim renewal licenses effectively ex- tend a current approval to allow for an evidentiary hear- ing to occur without an applicant losing that approval prior to Commission action. By holding this interim re- newal license, an applicant is responsible for any exist- ing conditions and for those fees, costs, and procedures normally required of a similarly situated applicant/ licensee. 1. Subsection (

a) is modified to make it clear that the Commission will also issue an interim renewal license for work permits, and other approvals involving a finding of suitability. 2. Current subsection (

b) is moved to a new subsection (c). The last sentence of former subsection (b)(2) is moved to a new subsection (

b) and expanded upon. This new subsection (

b) more clearly explains the process for how interim renewal license holders will be able to obtain new interim renewal licenses in the event the evidentiary hearing process will not be concluded within two years which will reduce uncertainty and confusion in the process. a. Subdivision (1) explains that applicants must submit a new application for the new interim renewal license through a process similar to the one for the application pending considering at the evidentiary hearing including the same forms, fees, costs, and related requirements. b.

Subdivision (2) is added to require applicants for a new interim renewal license to provide an update to the Commission on why the hearing process has not concluded in the previous two−year period. It also requires them to work with the Complainant if possible. In the event that they do not provide a reasonable justification, the Commission may set the hearing at the earliest possible opportunity including retracting any application referred to an APA hearing.

The requirement for an update no later than ten days in advance of Commission consideration is to be consistent with the Commission’s obligations for noticed public meetings pursuant to the Bagley−Keene Open Meeting Act. 3. Subsection (

c) is language moved from the former subsection (b). 4. Subsection (c)(2) is modified to clarify a work permit or other approval involving a finding of suitability , as well as an interim renewal license may serve as the starting point for the term of an interim renewal license. 5. Subsection (b)(4) is re−lettered (d). In addition, the

section is modified to clarify that the issue date will also apply to any issued work permit or other approval. 6. Subsection (b)(5) is relettered to (e). 7. Subsection (b)(6) is relettered to (f).

ARTICLE 2. PROCEDURES FOR HEARINGS AND MEETINGS ON APPLICATIONS Amend

Section 12050. Bureau Recommendation and Information The Act, in subdivision (

a) of

section 19826, allows t he Bureau to recommend the denial or limitation, con- ditioning, or restriction of any license, permit, or ap- proval, after the completion of a background investiga- tion. This

section details the manner in which any rec- ommendation is provided to the applicant and how the information may be considered by the Commission. The word “issued” is replaced with “submitted” to be more consistent with other changes throughout the regulations. 1. Paragraph (a)(2) is modified to reference paragraph (7) of subsection (

d) of

Section 12012. 2.

Section (

b) is modified to shorten the subsection into one sentence and eliminate redundancy and ambiguity . Amend

Section 12052. Commission Meetings; General Pr ocedures; Scope; Rescheduling of Meeting This

section provides general procedures regarding t he hearing process. The title is modified to add a refer- ence to the notice process which is provided under sub- sections (c)(1) and (c)(2).

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2198 1. Subsection (c)(1) is modified to add a reference to

section 12054 to make clear the specific type of meeting being referenced in the notice. 2. Subsection (c)(1)(A)(2) is modified to add “consideration o f the” before application. 3. Subsection (c)(2)(

E) is modified to include a new version of the Notice of Defense Form (CGCC−ND−002)(Rev . 12/18). This updated form is provided to the applicant to complete, and once returned to the Bureau and Commission, provides important guidance to the Commission concerning the evidentiary hearing process. The applicant may accept any proposed conditions, waive their participation in the evidentiary hearing, or may indicate their interest in continuing and participating in an evidentiary hearing. Should the applicant waive participation in their evidentiary hearing, the subsection references new

section 12057 which discusses how the Commission may choose to consider the application. The modified form further clarifies whether the applicant understands English and the form or if they need to have an interpreter read and explain the form or if they need an interpreter at the hearing. Should the applicant indicate a desire to participate in the hearing, a space is provided where an attorney’ s information can be provided to the Commission and Bureau.

This changes the term “counsel” to “attorney” to better reflect the role of the applicant’s legal representative at the hearing and distinguishes it from a lay representative. It also provides the attorney the option of receiving further Commission notices related to the hearing via email. The form is additionally modified to provide for similar information from the applicant so that the Commission and Bureau can have the most up−to−date contact information for the applicant. The same option to receive notices via email is given to the applicant.

An applicant may also confirm to the Commission that they will have the assistance of a lay representative at the hearing which is important for the Commission and Complainant in preparing for any prehearing conference and hearing. 4. Subsection (c)(2)(

F) is modified to shorten the

section and make a reference to the new

section 12057. 5. Subsection (

d) is modified to change the wording to be consistent with other edits in the regulation package. Amend

Section 12054. Consideration at Regular (Bagley−Keene) Commission Meetings This

section provides procedural guidance by laying o ut some of the various decisions the Commission may make at a regular non−evidentiary meeting regarding an application. 1. Subsection (a)(2) is modified to strike “when” which is merely a modification to syntax without substantive effect. This

section also adds “or retract” to clarify that the Commission may retract the referral of an application to an evidentiary hearing. 2. Subsection (a)(3) is modified to clarify that the Commission is acting on applications for renewals. 3. Subsection (a)(7) is modified to replace “accusatory pleading” with the word “accusation.” 4. A new subsection (a)(8) is added to make clear that the Commission can issue a default decision pursuant to new

section 12057 at regular Commission meetings. 5. A new subsection (a)(9) is added to make clear that the Commission may consider reconsideration requests pursuant to

section 12064 at a regular Commission meeting. 6. Subsection (

b) is modified to restructure the

section t o make clear that the Commission’s denial of a request to withdraw an application, as well as a finding of abandonment, does not afford an applicant an opportunity to have an evidentiary hearing to challenge that determination. Rather the applicant’s procedural path is to have an evidentiary hearing on the underlying application. Amend

Section 12056. Evidentiary Hearing This

section defines the manner by which the Com- mission or Executive Director determines between an APA and GCA evidentiary hearing format once the Commission has elected to hold an evidentiary hearing. Additional procedural information is also provided. 1. Subsection (

a) is modified to replace “advocates” with “an advocate” to improve the syntax of the sentence. 2. A new subsection (

d) is added to make clear that the Commission retains authority to control the path an application takes through the evidentiary hearing process. This language is moved from

section 12060 with clarifying edits. Adopt

Section 12057. Default Decisions and Uncontested A pplications This proposed action adds a new

section which ex- pands upon current regulations which provide for de-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2199 fault decisions through the application of the Notice of Defense, CGCC−ND−002 (Rev. 12/18) and

Section 12052(c)(2)(F). The Commission possesses the author- ity to issue default decisions at various stages of the ap- plication process based upon its statutory authority un- der sections 19824, 19825, 19870 and regulatory au- thority under

Section 12052. This

section expands upon those references and provides clear guidance on the de- fault process making it more explicit and transparent so applicants can be informed of the significance of their actions or lack of action. 1. New subsection (

a) makes clear to applicants that when the applicant fails to submit a notice of defense according to the timelines on the form, waives the right to an evidentiary hearing, or fails to attend an evidentiary hearing, the Commission may adjudicate the application by default. 2. New Subsection (

b) provides the possible outcomes to an applicant when the Commission adjudicates an application by default. These outcomes can include 1) the Commission issuing a default decision upon the application and any other documents the Commission has been or will be provided prior to the decision being issued, or without applicant participation 2) the Commission continuing forward with an evidentiary hearing to gather evidence before issuing a decision. 3. New Subsection (

c) provides that the Commission m ay reschedule a GCA hearing when an applicant fails to attend in addition to the options provided in subsection (b). 4. New subsection (

d) alters the time frames required under

Section 12060, subsections (

a) and (b), for notices of evidentiary hearings when the Commission is considering a default decision or scheduling a hearing without applicant participation. 5. New subsection (

e) follows up on the modification made to

section 12054 that the Commission may consider default decisions at regular non−evidentiary hearing meetings. Presently, default decisions are considered at an evidentiary hearing which is run simultaneously with a non−evidentiary meeting. This edit allows the Commission to consider the default decision without the possible need for additional procedures required for full evidentiary hearings. This

section also preserves the option that default decisions may be considered at full evidentiary hearings which preserves Commission discretion to act on applications in a manner it deems appropriate. 6. New subsection (

f) makes it clear that when the Commission issues a default decision on an application, that applicant may follow the same procedures for requesting reconsideration as are available to normal evidentiary hearings and decisions. Amend

Section 12058. APA Hearings This

section provides procedural guidance for when t he Commission or Executive Director elects to hold the evidentiary hearing through the APA. Subsection (

e) is modified to make clear that the APA hearing will pro- ceed through the normal process unless and until the Executive Director or the Commission approves re- tracting the referral. This edit replaces the language of cancellation or a continuance as was previously includ- ed which unintendedly implied the Commission had control over the APA process beyond a referral and retraction. Amend

Section 12060. GCA Hearings This

section implements the evidentiary hearing process pursuant to sections 19870 and 19871. This process provides a clear method for the applicant to show the Commission that he, she, or it meets the re- quirements o f the Act and is of good character, honesty and integrity. 1. Subsection (

a) is modified to remove the last sentence and move it with clarifying modifications to

section 12056(d). 2. Subsection (

c) is modified in two ways. First, support staf f is added to those that are precluded from communicating upon the merits of an application. Second, this

section is modified to remove the reference to “information or documents” which could be interpreted as precluding procedural communications and the provision of jurisdictional documents in advance of a hearing. 3. Subsection (

e) is modified to add a reference to

section 12056(

b) which reiterates the Bureau’s and Commission’s responsibility to protect certain confidential information from disclosure. 4. Subsection (f)(1)(

D) is modified to expressly provide for stipulations on evidence and not merely facts in the Bureau Report. Subdivision (f)(1)(

E) is relettered to subdivision (

F) and a new subdivision (

E) is created which expressly authorizes the Presiding officer to provide for offsite livestreaming appearances of parties and witnesses. 5. Subsection (

i) is modified to reword the burden of proof r equirement. 6. Subsection (

j) is modified to add a provision providing that lay representatives may assist an applicant in a hearing, but are not authorized to serve a s the applicant’s attorney.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2200 7. Subsection (

k) is modified by eliminating the word “own.” 8. Subsection (

l) is modified by the elimination of a comma. Amend

Section 12062. Issuance of GCA Hearing Decisions This

section describes the procedural method and re- quirements by which the Commission prepares and is- sues its decision following a GCA evidentiary hearing. 1. Subsection (

a) is modified and combined with subsection (

b) to join the previously identified 30− and 45−day periods. 2. Subsection (

c) and (

d) are relettered to subsection (

b) and (

c) respectively. Amend

Section 12064. Requests for Reconsideration This

section defines the procedure by which an appli- cant can request reconsideration from the Commission after a n evidentiary hearing but before any decision be- comes final. 1. Subsection (

a) is modified to move the provision requiring a request for reconsideration be made within 30 calendar days to a new paragraph (2) of subsection (a). • A new paragraph (1) would move a requirement that the request for reconsideration be made to the Commission and copied to the Bureau. This current requirement is modified to provide the Bureau a 10−day time limit to provide a response to the request for reconsideration. • A new paragraph (2) would move the requirement that a request for reconsideration be made within 30 calendar days from subsection (a).

This provision is clarified to mean that a request for reconsideration must be received within 30 days. Additionally the moved provision is modified to replace the word “later” with “earlier.” 2. Subsection (

b) is modified to swap the term “reasons” with the term “good cause” which establishes a basis upon which the request must be made. In addition, the provision requiring that the request be copied to the Bureau is moved to new paragraph (1) of subsection (a). 3. Option 1 — Executive Director Determination Option 1 would provide that the Executive Director will determine whether a request for reconsideration states good cause and should be placed on the Commission’ s agenda for consideration. To provide for this determination, the text is revised as follows: (A) Paragraph (2) of subsection (

b) is revised to change the term “good cause” to “reasons.” I n addition, the phrase “the Commission may decide, in its sole discretion” is removed. (

B) Subsection (

c) is revised to require the Executive Director to determine whether a request for reconsideration states “good cause.” In addition, this provision is revised to include the Complainant in the notice requirement. (

C) Subsection (

d) is revised to make clear that the decision is stayed from the time of the request to either the point the Executive Director determines the request does not state good cause, or if it does state good cause, when the Commission grants or denies the request for reconsideration. 4. Option 2 — Commission Determination Option 2 would remove the Executive Director from determining whether a request for reconsideration is valid and instead places all requests for reconsideration before the Commission.

This option preserves the Commission’ s discretion on its decisions and allows the Commission to be more directly involved in the reconsideration process. To provide for this determination, the text is revised as follows: (A) Paragraph (2) of subsection (

b) is revised to change the term “good cause” to “reasons.” Specifically , “good cause” includes those items under paragraph (2) as well as the reasons under paragraph (1). (

B) Subsection (

c) is revised to remove the Executive Director from the reconsideration process. In addition, this provision is revised to include the Complainant in the notice requirement. (

C) Subsection (

d) is not revised. 5. New subsection (

f) is added to specify that when the Commission grants reconsideration, the underlying decision is vacated and the Commission may take additional action on the application including affirming the decision, issuing a reconsidered decision, or other action as the Commission deems appropriate. Amend

Section 12066. Final Decisions; Judicial Review This

section provides procedural guidance to appli- cants related to when a decision of the Commission be- comes final and what judicial remedy may be available.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2201 1. Subsection (b)(2) is modified to make clear that a reconsidered decision is effective when specified in the decision as opposed to immediately when the reconsidered decision is issued. 2. New subsection (b)(3) is added to provide an additional option for the Commission to stay the effective date of a decision following the denial of a request for reconsideration. Amend

Section 12068. Decisions Requiring Resignation or Divestiture This

section provides guidance to applicants and business entities in regards to resignation and divest- ment of ownership interests where an application has been denied. 1. A new subsection (b)(4) is added which makes clear the requirements found under (a)(4) and (c)(2) also apply to limited liability companies. 2 . A new subsection (

e) is added to provide a default date upon which a specified person must be removed after the effective date of the Commission’s decision. This

section requires the specified person to be removed no later than 60 days after effective date of the decision. CONSISTENCY OR COMPA TIBILITY WITH EXISTING STATE REGULATIONS The Commission has evaluated this regulatory action and determined that the proposed regulations are nei- ther inconsistent nor incompatible with any other exist- i ng state regulations. The Commission is vested with jurisdiction and su- pervision over gambling establishments and over all persons or things having to do with the operations of gambling establishments in California. The scope and content of the Commission’s regulations is generally set forth in

section 19841. As provided in subdivision (

a) of

section 19870, the Commission may approve or deny a license “. . .after considering the recommendation of the chief and any other testimony and written comments as may be presented at the meeting. . .” As provided in subdivision (

a) of

section 19871, “the Commission meeting described in

Section 19870 shall be conducted in accordance with regulations of the commission. . .” Those regulations that currently implement the Com- mission’s authority to establish hearing procedures are being amended in this proposal. The only equivalent process available to the Com- mission outside of its regulatory authority is provided in

section 19825 which provides that “[t]he Commission may require that any matter that the Commission is au- thorized or required to consider in a hearing or meeting of an adjudicative nature regarding the denial . . . of a li- cense . . . be heard and determined in accordance with

Chapter 5 (commencing with

Section 11500) of

Part 1 of Division 3 of Title 2 of the Government Code.” While the Bureau [Department of Justice] has also been granted some authority to adopt regulations (sec- tion 19826), that authority is limited to the adoption of regulations reasonably related to its specified duties and responsibilities. These proposed regulations are not in- consistent or incompatible with any Bureau regulation (Title 11, CCR, Division 3), nor do they fall within the Bureau’s authority to adopt regulations. COMPARABLE FEDERAL LAW There are no existing federal regulations or statutes comparable to the proposed regulations.

FISCAL IMPACT ESTIMATES FISCAL I MPACT ON P UBLIC A GENCIES I NCLUDING COSTS OR S AV I N G S TO S TATE A GENCIES OR COSTS/SAV I N G S IN FEDERAL FUNDING TO THE STATE: There would be no fiscal impact on the Commission or to any state agencies, including costs or savings or costs/savings in Federal funding, except as noted below: Bureau of Gambling Control The Bureau of Gambling Control (Bureau) within the Department of Justice has determined that the proposed regulations do not present any fiscal or workload im- pact to the Bureau.

If there are any questions pertaining to the Bureau’s information, the contact person is: Susanne Geor ge — Susanne.George@doj.ca.gov — (916) 830−9032 Indian and Gaming Law

Section The Indian Gaming Law

Section (IGLS) within the Department of Justice provided the Commission with a workload analysis and fee calculation based on the im- pact of these regulations. IGLS anticipates an increased workload based on the number of hours that they will spend processing defaults, reconsiderations, retractions and other hearing procedures. The time it takes to process these will depend on whether an applicant initi- ates a specific request.

If there are questions pertaining to the IGLS’s infor- mation, the contact person is: Catherine Taylor — Catherine.Taylor@doj.ca.gov — (916) 210−7303 NON−DISCRETIONARY C OST OR S AV I N G S I MPOSED UPON LOCAL AGENCIES: None. MANDATE I MPOSED ON A NY L OCAL A GENCY OR SCHOOL DISTRICT FOR WHICH

PART 7 (COMMENCING WITH S ECTION 17500) OF D IVISION 4 OF THE GOVERNMENT C ODE R EQUIRES R EIMBURSEMENT: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2202 COST TO ANY LOCAL AGENCY OR SCHOOL DISTRICT FOR W HICH P ART 7 (C OMMENCING WITH S ECTION 17500) OF D IVISION 4 OF THE G OVERNMENT C ODE REQUIRES REIMBURSEMENT: None. EFFECT ON HOUSING COSTS: None. IMPACT ON BUSINESS: The Commission has made a determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

This deter- mination is based on the following facts or evidence/ documents/testimony: This proposed action imposes no mandatory require- ment on businesses. The regulation simply provides a clear process to follow should a party’ s application be sent to an evidentiary hearing for consideration before the Commission. Any costs associated with pursuing a license would be voluntarily assumed upon the filing of an application. The proposed process provides for nu- merous opportunities for an applicant to request to end the process and therefore avoid further costs.

C OST IMPACT ON REPRESENTATIVE PRIV ATE PERSON OR BUSINESS: The Commission is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action. EFFECT ON SMALL BUSINESS: The Commission has determined that the proposed regulatory action will not affect small businesses be- cause gambling enterprises, TPPPS and Gambling Businesses are not small businesses as defined in Gov- ernment Code

section 11342.610. RESULTS OF ECONOMIC IMP ACT ASSESSMENT/ANALYSIS IMPACT ON JOBS/NEW BUSINESSES: The Commission has determined that this regulatory proposal will not have any impact on the creation of new jobs or businesses, the elimination of existing jobs or businesses, or the expansion of businesses in California. The basis for this determination is that this proposed action imposes no mandatory requirement on business- es or individuals and does not significantly change the Commission’s current practices and procedures.

The proposed action simply provides a clear process to fol- low once a party has decided to submit an application for Commission consideration. B ENEFITS OF PROPOSED REGULATION: This proposed action will have the benefit of provid- ing helpful and clarifying modifications to the Commis- sion’s evidentiary hearing procedures.

These modifica- tions expand upon an evidentiary hearing process which helps provide applicants with a clear understand- ing of the process their application will follow, from re- view by the Bureau through consideration by the Com- mission at a non−evidentiary hearing through the evi- dentiary hearing process. Moreover, these updates will facilitate the production and presentation of all docu- ments, testimony and other information which may be relevant and material to a Commission decision thereby enhancing the fairness of the decision and the legitima- cy and transparency of the decision−making process.

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission or that has otherwise been identified and brought to the attention of the Commission would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

INITIAL STATEMENT OF REASONS, INFORMA TION AND TEXT OF PROPOSAL The Commission has prepared an Initial Statement of Reasons and the exact language for the proposed action and has available all the information upon which the proposal is based. Copies of the language and of the Ini- tial Statement of Reasons, and all of the information up- on which the proposal is based, may be obtained at the hearing or prior to the hearing upon request from the Commission at 2399 Gateway Oaks Drive, Suite 220, Sacramento, CA 95833−4231.

A V AILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL ST ATEMENT OF REASONS All the information upon which the proposed action i s based is contained in the Rulemaking File that will be available for public inspection and copying at the Com- mission’s office throughout the rulemaking process. Arrangements for inspection and/or copying may be made by contacting the primary contact person named below.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2203 You may obtain a copy of the Final Statement of Rea- sons, once it has been prepared, by making a written re- quest to one of the contact persons named below or by accessing the Commission’s website listed below.

CONTACT PERSONS All comments and inquiries concerning the substance o f the proposed action should be directed to the follow- ing primary contact person: Joshua Rosenstein, Legislative and Regulatory Specialist Legislation and Regulatory Affairs Division California Gambling Control Commission 2399 Gateway Oaks Drive Suite 220, Sacramento, CA 95833−4231 Telephone: (916) 274−5823 Fax: (916) 263−0499 E−mail: jrosenstein@cgcc.ca.gov Requests for a copy of the Initial Statement of Rea- sons, proposed text of the regulation, modified text of t he regulation, if any, or other technical information up- on which the proposed action is based should be direct- ed to the following backup contact person: Alex Hunter, Legislative and Regulatory Specialist Legislation and Regulatory Affairs Division California Gambling Control Commission 2399 Gateway Oaks Drive, Suite 220, Sacramento, CA 95833−4231 Telephone: (916) 263−1301 Fax: (916) 263−0499 E−mail: ahunter@cgcc.ca.gov WEBSITE ACCESS Materials regarding this proposed action are also available on the Commission’ s website at www.cgcc. ca.gov.

TITLE 11. DEPARTMENT OF JUSTICE Proposition 63 (The Safety for All Act of 2016) and Senate Bill (SB) 1235 (2016) are newly enacted laws that regulate the sale or transfer of ammunition in Cali- fornia as of July 1, 2019. The Department of Justice (Department) proposes to adopt sections 4300−4309, of Title 11, Division 5,

Chapter 11, of the California Code of Regulations. These regulations will explain the process that must be followed to purchase or transfer ammunition, what to do if an attempted purchase or transfer is denied, and will clarify what is needed to be exempt from certain parts of the process. In brief, these regulations will provide the public and ammunition vendors with directives that will guide both in the am- munition sale and transfer process. These processes will allow the Department to deter- mine if an individual is lawfully eligible to possess ammunition.

PUBLIC HEARING The Department will hold two public hearings to re- ceive public comments on the proposed regulatory ac- tion. The hearings will be held at the following dates, times and locations: January 29, 2019, 10:00 a.m.−12:00 p.m. Ronald Reagan State Building 300 S. Spring Street Los Angeles, CA 90013 January 31, 2019, 1:00 p.m.−3:00 p.m. Resources Building Auditorium 1416 9th Street Sacramento, California Each location is wheelchair accessible. At each hearing, any person may present oral or writ- ten comments regarding the proposed regulatory ac- tion.

The Department requests, but does not require, that persons making oral comments at each hearing also submit a written copy of their testimony. WRITTEN COMMENT PERIOD Any interested person or their authorized representa- tive may submit written comments relevant to the pro- posed regulatory action. The written comment period closes at 5:00 p.m. on January 31, 2019. Only com- ments received by that time will be considered. Written comments must be submitted to: Jessie Romine Bureau of Firearms Division of Law Enforcement Department of Justice P.O.

Box 160487 Sacramento, CA 95816−0487 Phone: 916−227−4217 Email: Ammoregs@doj.ca.gov AUTHORITY AND REFERENCE Authority: Sections 30352, and 30370, Penal Code. Reference: Sections 16150, 16151, 26710, 28180, 28220, 30300, 30305, 30312, 30314, 30342, 30352, 30370, 30385, 30390, and 30395, Penal Code.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2204 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Prior to the passage of Proposition 63 of 2016 (The Safety for All Act) and SB 1235 (2016), the sale or transfer of ammunition was not regulated by existing law. Penal Code

section 30305 had established that an individual who is prohibited from owning or possessing a firearm is also prohibited from owning or possessing ammunition. Both Proposition 63 and SB 1235 (2016) authorize the Department to complete an ammunition eligibility check or to verify that an individual’s Certifi- cate of Eligibility (COE) is valid when the individual purchases or transfers ammunition from or through an ammunition vendor.

Prior to voter approval of The Safety for All Act and the enactment of SB 1235 (2016), the Department had no mechanism to regulate the sale of ammunition, meaning the Department could not stop a prohibited individual from purchasing or receiving ammunition. The Legislature enacted SB 1235 (2016) and the vot- e rs approved The Safety for All Act, delegating the au- thority to the Department to write regulations to inter- pret, and make specific certain Penal Code sections reg- ulating the sale and transfer of ammunition.

These regu- lations are beneficial as they create a process for the De- partment to make a determination to either approve or reject an ammunition purchase or transfer that is con- ducted by or processed through an ammunition vendor. The Department will make a determination to either ap- prove or reject each ammunition purchase or transfer conducted by or processed through an ammunition ven- dor unless the individual is exempt from the Depart- ment’s approval pursuant to Penal Code

section 30352, subdivision (e). These regulations explain that an ammunition vendor is responsible for facilitating an ammunition purchase o r transfer by submitting the ammunition purchaser’s or transferee’s personal information to the Department, or by verifying the individual’s COE status. These regulations will benefit the state of California because an individual who is prohibited by either state or federal law to possess ammunition will be unable to obtain Department approval for an ammunition pur- chase or transfer from or through an ammunition vendor. California Code of Regulations, Title 11, Division 5,

Chapter 1 1 interprets and details the specifics of these regulations as follows:

Section 4300 specifies the scope of the new chapter, the regulation of an ammunition purchase or transfer from or through an ammunition vendor. This

chapter provides guidance for an individual to purchase or transfer ammunition commencing July 1,

Section 4301 defines all firearm−related words throughout this new

chapter so that the Department and members of the public can apply the same

definitions to the firearm−related terminology used in the regulations to understand what the Department requires of them.

Section 4302 establishes the process for an individual t o purchase or transfer ammunition as prescribed by Pe- nal Code

section 30370, subdivision (b).

Section 4303 establishes the process for one−time ammunition purchases or transfers.

Section 4304 establishes the process for an individual to purchase a firearm and ammunition within the same transaction.

Section 4305 establishes the process for an individual with a COE to purchase or transfer ammunition.

Section 4306 establishes the process for an exempted individual t o purchase or transfer ammunition.

Section 4307 establishes the application process for an ammunition vendor to acquire telephonic access to the Department, which will allow the Department to complete a n ammunition eligibility check or verify that an individual’s COE is valid, as a result of the ammuni- tion vendor being unable to electronically submit infor- mation to the Department’s DES website.

Section 4308 specifies that the ammunition vendor c an only deliver ammunition after the ammunition pur- chase or transfer is approved.

Section 4309 explains that an ammunition vendor will collect the fee for the ammunition eligibility check or COE verification, from the purchaser or transferee, and transfer the funds to the Department. ANTICIPATED BENEFITS OF THE PROPOSED REGULA TIONS An ammunition purchase or transfer completed in the state of California must be conducted through an am- munition vendor unless otherwise exempted. Prior to the sale or transfer , an ammunition vendor will initiate an eligibility check to ensure the purchaser or transferee is not prohibited from possessing ammunition.

These proposed regulations will benefit public safety because they create a process which will ensure an individual prohibited by either state or federal law from possessing ammunition will be unable to purchase or transfer ammunition. These regulations will explain the process that must b e followed to purchase or transfer ammunition, what to do if an attempted purchase or transfer is denied, and will clarify what is needed to be exempt from certain parts of the process.

In brief, these regulations will pro- vide the public and ammunition vendors with directives that will guide both in the ammunition sale and transfer process.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2205 EV ALUATION OF INCONSISTENCY/INCOMPATIBILITY WITH EXISTING STATE REGULATIONS Pursuant to Government Code

section 11346.5, sub- division (a)(3)(D), the Department shall evaluate whether the proposed regulation is inconsistent or in- compatible with existing state regulations. Pursuant to this evaluation, the Department has reviewed existing regulations pertaining to firearms within California Code of Regulations (“CCR”) Title 11, Division 5, and determined that these proposed regulations are not in- consistent or incompatible. This determination is based on the fact that the proposed regulations clarify and pro- vide further detail for existing Penal Code sections.

COMPARABLE FEDERAL REGULATIONS The proposed regulations are not mandated by feder- a l statute or regulation. INCORPORA TED BY REFERENCE The following form is Incorporated by Reference: Application for T elephonic Vendor Approval, BOF 1020 (Orig. 05/2018) DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which shall be reimbursed in accordance with Government Code sections 17500 through 17630: None.

Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Significant effect on housing costs: None. Business report requirement: None. Significant, statewide adverse economic impact di- rectly af fecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. RESULTS OF THE ECONOMIC IMP ACT ASSESSMENT/ANALYSIS Assessment regarding effect on jobs/businesses: Adoption of the proposed regulation will create perma- nent jobs within the Department. Adoption of the pro- posed regulations will not:

(1) Create or eliminate jobs within California, with the exception of the Department’ s permanent positions needed to conduct tasks associated with ammunition eligibility checks and COE verifications;

(2) Create new businesses or eliminate existing businesses within California; or

(3) Affect the expansion of businesses currently doing business within California. The Department has made the determination on items ( 1) through (3) based on the fact that the fee for an am- munition eligibility check or the COE verification process is minimal and will not deter an individual from purchasing or transferring ammunition in California. Therefore, an individual will still purchase or transfer ammunition from an ammunition vendor, and an am- munition vendor will not be losing business from these regulations.

The Department has also made this determination af- ter considering implied costs to ammunition vendors a nd ammunition purchasers for the processing time of a Standard Ammunition Eligibility Check. The Depart- ment estimates that it will take approximately two min- utes for a Standard Ammunition Eligibility Check to be processed, so the implied costs for an ammunition ven- dor can be derived from taking the two−minute process- ing time and multiplying it by the 13 million transac- tions while valuing ammunition vendor staff and am- munition purchaser time at $11 per hour.

In total, the an- nual implied cost that comes from the Department’s processing time for these transactions is $9,533,334, and this cost independently applies to ammunition ven- dors ($4,766,667) and ammunition purchasers ($4,766,667). Although ammunition vendors and am- munition purchasers have implied costs attributed to the time it takes to process a transaction, ammunition ven- dors have the ability to process multiple transactions si- multaneously and ammunition purchasers are still able to shop and be productive while waiting for their trans- action to be processed.

Therefore, the Department’s processing time for the Standard Ammunition Eligibili- ty Check will not be burdensome for ammunition ven- dors nor restrict ammunition purchasers in their leisure- ly activity of shopping.

(4) Benefits of the Proposed Regulations: These proposed regulations are beneficial to the health a nd welfare of California’s residents because they create a process which will ensure an individual prohibited by either state or federal law to possess ammunition will be unable to purchase or transfer ammunition. An ammunition purchase or transfer completed in California must be conducted by or processed through an ammunition vendor unless otherwise exempted. An ammunition vendor is

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2206 required to submit an ammunition purchaser’s or transferee’s personal information directly to the Department, to allow the Department to complete an ammunition eligibility check or verify that the individual has a valid COE prior to approving an ammunition purchase or transfer. Furthermore, these regulations will benefit the welfare of California residents because the Department shall only approve an ammunition purchase or transfer for an individual who is not prohibited by either state or federal law from possessing ammunition.

These regulations minimize the likelihood of a dangerous prohibited individual taking possession of ammunition. COST IMPACTS ON A PRIV ATE PERSON OR BUSINESS The Department has determined that the cost to a pri- vate individual would be either the $1.00 fee for the De- partment’s Standard Ammunition Eligibility Check, the $1.00 fee for the Department to verify that a COE is valid, or the $19.00 fee for the Department’s Basic Am- munition Eligibility Check. The actual cost to the indi- vidual depends on the number of times an individual at- tempts to purchase or transfer ammunition.

The Depart- ment is unable to determine how many times an individ- ual will attempt to purchase or transfer ammunition. As mentioned above, ammunition purchasers and ammu- nition vendors will have an annual implied cost of $4,766,667 each that comes from the Department’s pro- cessing time for a Standard Ammunition Eligibility Check. The Department determines that these regulations will not have a significant impact on the creation or elimination o f private sector jobs within the state of Cal- ifornia.

The estimated impact on businesses considers the implied costs that stem from the processing time for a Standard Ammunition Eligibility Check. The pro- cessing time for a Standard Ammunition Eligibility Check does not limit the amount of ammunition trans- actions that an ammunition vendor can initiate, and therefore, ammunition vendors will not lose business as a result. Small business determination: The Department has determined that the proposed regulation will not affect the creation or elimination of businesses because the ef- fects from these regulations will be minimal.

The esti- mated impact on small businesses considers the implied costs that come from the processing time for a Standard Ammunition Eligibility Check. The processing time for a Standard Ammunition Eligibility Check does not lim- it the amount of ammunition transactions that an ammu- nition vendor that is a small business can initiate, and therefore, these ammunition vendors will not lose busi- ness as a result. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 1 1346.5, subdivision (a)(13), the Department must de- termine that no reasonable alternative it considered or that has otherwise been identified and brought to the at- tention of the Department would be more effective in carrying out the purpose for which the action is pro- posed or would be as effective and less burdensome to affected private persons than the proposed action or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law.

Any person interest- ed in presenting statements or arguments with respect to alternatives to the proposed regulations may do so at the scheduled hearing or during the written comment period. CONTACT PERSONS Please direct inquiries concerning the proposed ad- ministrative action to: Jessie Romine Bureau of Firearms Division of Law Enforcement Department of Justice P.O. Box 160487 Sacramento, CA 95816−0487 Phone: (916) 227−4217 Email: Ammoregs@doj.ca.gov The back−up contact person for these inquiries is: Kelan Lowney Bureau of Firearms Division of Law Enforcement Department of Justice P.O.

Box 160487 Sacramento, CA 95816−0487 Phone: (916) 227−7614 Email: Ammoregs@doj.ca.gov A V AILABILITY OF RULEMAKING FILE INCLUDING THE INITIAL STATEMENT OF REASONS The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process. The text of the proposed regulation (the “express terms”), the initial statement of reasons, and the information upon which the proposed rulemak- ing is based are available at the Department’s website at

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2207 http://oag.ca.gov/firearms/regs. Copies may also be ob- tained b y contacting Jessie Romine. A V AILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed regu- lations substantially as described in this notice.

If the Department makes modifications, which are sufficient- ly related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days and accept written comments before the Department adopts the regulations. Copies of any modified text will be avail- able on the Department’s website at http://oag.ca.gov/ firearms/regs. A written copy of any modified text may b e obtained by contacting Jessie Romine.

A V AILABILITY OF FINAL ST ATEMENT OF REASONS Upon completion, the final statement of reasons will be available on the Department’ s website at http://oag.ca.gov/firearms/regs. You may also obtain a written copy of the final statement of reasons by con- tacting Jessie Romine. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format, as well as the Final Statement of Reasons once completed, are available on the Department’s website at http://oag.ca.gov/firearms/ regs. TITLE 13.

CALIFORNIA HIGHWAY PATROL TITLE 13. CALIFORNIA CODE OF REGULATIONS, DIVISION 2,

CHAPTER 6,

ARTICLE 1 AMEND

SECTION 1152.3 Explosives Routes and Stopping Places (CHP−R−2018−05) The California Highway Patrol (CHP) proposes to amend regulations in Title 13 of the California Code of Regulations, Division 2,

Chapter 6,

Article 1,

Section 1152.3, regarding designated routes for the transporta- tion of explosives by commercial vehicles on highways in the state. INFORMATIVE DIGEST/POLICY STATEMENT OVER VIEW Pursuant to Division 14, Transportation of Explo- sives, commencing with

Section 31600 of the Califor- nia V ehicle Code (CVC), the CHP shall adopt regula- tions specifying the routes to be used in the transporta- tion of explosives. The CVC requires the CHP to keep information current in regulations with maps indicating designated routes. The CHP’s field commands conduct annual surveys on the explosives routes and stops to de- termine if changes are necessary. The CHP’s Inland Di- vision proposed an update of explosives routes in the Mojave Area. The proposed regulation amendments will remove 2.2 miles and extend 10.4 miles of current- ly designated routes.

These updates will provide carri- ers an alternative route to reduce potential risks associ- ated with the transportation of explosives, and enhance public health and safety in the Mojave Area. The proposed amendments have received concur- rence from the CHP’ s Inland Division, Kern County Fire Department, State Fire Marshal, and California Department of Transportation. This proposed regulatory action will continue to pro- vide a nonmonetary benefit to the protection of the health, safety , and welfare of California’s residents, workers, and environment.

The changes to the applica- tion of the regulation are not substantive and bring the regulation into conformance with existing statute. The proposed changes update and clarify highway routes designated for carriers transporting explosives, and contribute to transportation safety and public health. During the process of developing these regulations and amendments, the CHP has conducted a search of a ny similar regulations on this topic and has concluded that these regulations are neither inconsistent, nor in- compatible, with existing federal and state regulations.

PUBLIC COMMENT Any interested person may submit written comments o n the proposed action via facsimile at (916) 322−3154, by electronic mail to cvsregs@chp.ca.gov, or by writing to: California Highway Patrol Commercial Vehicle

Section Attention: Dr. Tian−Ting Shih P.O. Box 942898 Sacramento, CA 94298−0001

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2208 Written comments will be accepted until 5:00 p.m. on January 28, 2019. PUBLIC HEARINGS No public hearing has been scheduled. If any person desires a public hearing, a written request must be re- ceived by the CHP , Commercial Vehicle

Section (CVS), no later than 15 days prior to the close of the written comment period. A V AILABILITY OF INFORMATION The CHP has available for public review an initial statement o f reasons for the proposed regulatory action, the information upon which this action is based, and the proposed regulation text in strikeout and underline for- mat. Requests to review or receive copies of this infor- mation should be directed to the CHP either at the above address, by facsimile at (916) 322−3154, or by calling the CHP, CVS, at (916) 843−3400.

All requests for in- formation should include the following: the title of the rulemaking package, the requester’s name, proper mail- ing address (including city, state, and zip code), and a daytime telephone number in case the information is in- complete or illegible. The rulemaking file is available for inspection. Inter- ested parties are advised to call CHP , CVS, for an ap- pointment. All documents regarding the proposed action are available through the CHP’ s website at https://www.chp.ca.gov/News−Alerts/Regulatory− Actions.

Any person desiring to obtain a copy of the adopted text and a final statement of reasons may re- quest them at the above noted address. Copies will also be posted on the CHP website. CONTACT PERSON Any inquiries concerning the written materials per- taining to the proposed regulations or the substance of t he proposed regulations should be directed to Dr. Tian− Ting Shih or Sergeant Adam Roha, at (916) 843−3400. ADOPTION OF PROPOSED REGULATIONS After consideration of public comments, the CHP may adopt the proposal substantially as set forth with- out further notice.

If the proposal is modified prior to adoption and the change is not solely grammatical or substantive in nature, the full text of the resulting regu- lation, with the changes clearly indicated, will be made available to the public for at least 15 days prior to the date of adoption.

FISCAL IMPACT AND RESUL TS OF THE ECONOMIC IMPACT ASSESSMENT The CHP has made an initial determination that this proposed regulatory action: (1) will have no ef fect on housing costs; (2) will not impose any new mandate up- on local agencies or school districts; (3) will involve no nondiscretionary cost or savings to any local agency, no cost to any local agency or school district for which Government Code (GC) Sections 17500−17630 require reimbursement, no cost or savings to any state agency, nor costs or savings in federal funding to the state; (4) will neither create nor eliminate jobs in the State of Cal- ifornia, nor result in the elimination of existing busi- nesses or create or expand businesses in the State of California; and (5) will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to com- pete with businesses in other states.

Benefits of the Proposed Action: The proposed regu- lation updating designated routes for carriers transport- ing explosives will continue to provide benefits, includ- ing the nonmonetary benefit of protecting public health and safety for residents, workers, and the environment by providing a regulatory basis for enforcement efforts as they relate to safety compliance ratings. The regulated community is encouraged to respond during the comment period of this regulatory process if significant impacts are identified.

COST IMPACTS ON REPRESENT ATIVE PRIV ATE PERSONS OR BUSINESSES The CHP is not aware of any cost impacts that a repre- sentative private person or business would necessarily incur in reasonable compliance with the proposed action. EFFECT ON SMALL BUSINESSES The CHP has determined that the proposed regulato- r y action will not affect small businesses. The action is intended to clarify and update the designated routes for commercial vehicles transporting explosives on high- ways. As a result, no small business will be affected by the update. ALTERNATIVES In accordance with

Section 11346.5(a)

(13) GC, the C HP must determine that no reasonable alternative con-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2209 sidered by the CHP, or otherwise identified and brought to the attention of the CHP, would be more effective in carrying out the purpose for which the action is pro- posed, would be as effective and less burdensome to af- fected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law.

The CHP invites in- terested parties to present statements or arguments with respect to alternatives to the proposed regulations dur- ing the written comment period. AUTHORITY This regulatory action is being taken pursuant to Sec- tion 31616 CVC. REFERENCE This action implements, interprets, or makes specific Sections 31303, 31304, 31601, 31602, 31607, 3161 1, 31614, and 31616 CVC. TITLE 13. DEPARTMENT OF MOTOR VEHICLES The Department of Motor Vehicles (department) pro- poses to amend sections 206.00, 206.02, 206.04, 206.06, 206.08, 206.10, and 206.12 and adopt sections 206.14 and 206.16 in

Article 3.3,

Chapter 1, Division 1, Title 13 of the California Code of Regulations, relating to the Special Interest License Plate program. PUBLIC HEARING A public hearing regarding this proposed regulatory action is not scheduled. However, a public hearing will be held if any interested person or his or her duly autho- rized representative requests a public hearing to be held relevant to the proposed action by submitting a written request to the contact person identified in this notice no later than 5:00 p.m., fifteen (15) days prior to the close of the written comment period.

DEADLINE FOR WRITTEN COMMENTS Any interested party or his or her duly authorized rep- resentative may submit written comments relevant to the proposed regulations to the contact person identi- fied in this notice. All written comments must be re- ceived at the department no later than 5:00 p.m., Janu- a ry 28, 2019, the final day of the written comment peri- od, in order for them to be considered by the department before it adopts the proposed regulation.

AUTHORITY AND REFERENCE The department proposes to adopt these regulations under the authority granted by V ehicle Code sections 1651 and 5110, in order to implement, interpret, or make specific Vehicle Code sections 5101 and 5105. INFORMATIVE DIGEST/POLICY STATEMENT OVER VIEW Vehicle Code

section 1652 authorizes the department to establish and prescribe forms necessary to process registration transactions. The information requested on the department’s application forms allows the depart- ment to verify the appropriate records are being updated and ensure the correct plates, cards, documents, or other departmental indicia are being issued. The depart- ment’s regulations identify forms by name, form num- ber, and revision date to ensure interested parties are aware of the current version of that form that is to be submitted to the department at the time of application.

Because so many department forms are available on- line, it is necessary for clarity that the regulations identi- fy the correct revision date. The July 2000 version of the special license plate ap- plication form was used for both special interest and special recognition license plates and included a fee

schedule on the second page. Since then the REG 17 w as amended to remove the special recognition license plates making it easier to complete and the fee

schedule was moved to a Fast Facts informational brochure, which is provided to applicants by the department in hardcopy or online. The REG 17A was developed as the application for special recognition license plates. Anticipated benefits of the proposed regulation are discussed below in the Results of Economic Impact Assessment/Analysis

section of this document and dis- cussed in the Initial Statement of Reasons document. CONSISTENCY AND COMPATIBILITY WITH ST ATE REGULATIONS The department conducted a review of other state regulations and has concluded there are no other regula- tions that establish application guidelines for the special interest or special recognition license plate programs. Therefore, the proposed regulations are neither incon- sistent nor incompatible with existing state regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2210 COMPARABLE FEDERAL STATUTES OR REGULATIONS The department conducted a review of federal regula- tions and statutes and has determined that no other regu- lations address the application for Special Interest or Special Recognition license plates.

DOCUMENTS INCORPORATED BY REFERENCE The following documents are incorporated by reference: • Special Interest License Plate Application, form, REG 17 (Rev. 7/2018) • Special Recognition License Plate Application, form REG 17A (Rev. 11/2017) The form REG 17 and the form REG 17A will not be published in the California Code of Regulations be- cause i t would be impractical and cumbersome to do so; however, the documents are readily available to inter- ested parties by contacting the department representa- tive identified below.

ECONOMIC AND FISCAL IMP ACT DETERMINATIONS The department has made the following initial deter- minations concerning the proposed regulatory action: • 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. • Effects on Housing Costs: None. • Cost to any local agency or school district requiring reimbursement pursuant to Gov. Code

section 17500 et seq.: None. • Cost Impact on Representative Private Persons or Businesses: The department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. • Small Business Impact: This proposed regulatory action may affect small business. • Local Agency/School District Mandate: The proposed regulatory action will not impose a mandate on local agencies or school districts, or a mandate that requires reimbursement pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. • Significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The proposal will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states. If an applicant is a business, the proposed amendments do not present any change that would have any economic impact on businesses.

RESULTS OF THE ECONOMIC IMP ACT STATEMENT The department has made the following determina- tions when assessing the economic impact associated with this proposed regulation: • Creation or elimination of jobs or creation of new businesses or elimination of existing businesses within the State of California: As these proposed regulations establish the separate application forms for Special Interest License Plates and Special Recognition License Plates and make clarifying amendments, the department has determined that this proposed action will neither create nor eliminate jobs within the State of California, nor will the proposal create new businesses or eliminate existing businesses within California. • The Expansion of Businesses Currently Doing Business Within the State of California: These regulations are unlikely to expand businesses within the State of California. • Benefits of the Regulations to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: These proposed regulations establish the separate application forms for Special Interest License Plates and Special Recognition License Plates and make clarifying amendments.

As a result, this action is unlikely to produce benefits to worker safety or the State’s environment. However, the welfare of California residents may benefit when applicants for a Special Interest or Special Recognition license plate are clear on how to apply and the department is able to process those applications expediently and accurately. PUBLIC DISCUSSION OF PROPOSED REGULA TIONS A pre−notice workshop, pursuant to Government Code

section 1 1346.45, is not required because the is- sues addressed in the proposal are not so complex or large in number that they cannot easily be reviewed dur- ing the comment period.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2211 ALTERNATIVES CONSIDERED The department must determine that no reasonable alternative considered by the department or that has otherwise been identified and brought to the attention of the department would be more effective in carrying out the purpose for which the action is proposed, or would be effective as and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

CONTACT PERSON Any inquiries or comments concerning the proposed rulemaking action may be addressed to: Tracy Brazil, Regulations Analyst Department of Motor Vehicles Legal Affairs Division P.O.

Box 932382, MS C−244 Sacramento, CA 94232−3820 Any inquiries or comments concerning the proposed rulemaking action requiring more immediate response m ay use: Telephone: (916) 657−8919 Facsimile: (916) 657−6243 E−Mail: LADRegulations@dmv.ca.gov In the event the contact person is unavailable, in- quiries should be directed to the following back−up person: Randi Calkins, Regulations Analyst Department of Motor Vehicles Telephone: (916) 657−6469 A V AILABILITY OF ST ATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The department has prepared an Initial Statement of Reasons for the proposed regulatory action, and has available all the information upon which the proposal is based.

The contact person identified in this notice shall make available to the public upon request the Express Terms of the proposed regulatory action using under- line or italics to indicate additions to, and strikeout to in- dicate deletions from the California Code of Regulations. The contact person identified in this notice shall also make available to the public, upon request, the Final Statement of Reasons and the location of public records, including reports, documentation and other materials related to the proposed action.

In addition, the above−cited materials (the Notice of Proposed Regula- tory Action, the Initial Statement of Reasons, the appli- cation forms, and Express Terms) may be accessed at www.dmv.ca.gov/about/lad/regactions.htm. A V AILABILITY OF MODIFIED TEXT Following the written comment period, and the hear- ing if one is held, the department may adopt the pro- posed regulations substantially as described in this no- tice.

If modifications are made which are suf ficiently related to the originally proposed text, the fully modi- fied text, with changes clearly indicated, shall be made available to the public for at least 15 days prior to the date on which the department adopts the resulting regu- lations. Requests for copies of any modified regulations should be addressed to the department contact person identified in this notice. The department will accept written comments on the modified regulations for 15 days after the date on which they are first made avail- able to the public. TITLE 14.

DEPARTMENT OF PARKS AND RECREATION/DIVISION OF BOATING AND WATERWAYS California State Parks, Division of Boating and Wa- terways (“Division”) proposes to adopt the regulations described below after considering all comments, objec- tions, and recommendations regarding the proposed action. PUBLIC HEARING No public hearing on this matter has been scheduled. Anyone wishing a public hearing must submit a request in writing, pursuant to

Section 11346.8 of the Govern- ment Code, to the department at least 15 days before the end of the written comment period. Such request should be addressed to the department contact person identi- fied in this Notice and should specify the California Boater Card regulations for which the hearing is being requested. WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed regulatory action before the public comment period closes. The deadline to submit comments is January 28, 2019.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2212 Comments must satisfy the following requirements: • Comment must be in writing, which includes email. • Comment must identify the proposed regulatory action being addressed. • Comments must be sent to the rulemaking agency’s contact person for the proposed regulatory action. Submit comments to: Charley Hesse, Regulations Analyst California State Parks Division of Boating and Waterways One Capitol Mall, Suite 500 Sacramento, CA 95814 AUTHORITY AND REFERENCE Harbors and Navigation Code, Division 3,

Chapter 5,

Article 1.4, Sections 678.1 through 678.15 (Exhibit 1) a nd Harbors and Navigation Code, Division 3,

Chapter 5,

Article 1, Sections 668.1 through 668.3 (Exhibit 2) authorize the Division to adopt these proposed regula- tions. The proposed regulations implement, interpret, and make specific the above−mentioned sections of the Harbors and Navigation Code. INFORMATIVE DIGEST/POLICY STATEMENT OVER VIEW This rulemaking action clarifies and specifies the re- quirements and provisions for development and imple- mentation of the California Boater Card (CBC) Pro- gram.

This includes provisions for mandatory safety education and the issuance of CBCs, fees required to cover reasonable costs of the development, establish- ment, and operation of the program, as well as sources for receiving mandatory training, content of annual re- port to the Legislature and

schedule for ages of persons requiring a CBC. Current laws have no regulations because these are n ew regulations being developed. ANTICIPATED BENEFITS OF THE PROPOSED REGULA TION Statistics show that states with some form of manda- tory boating safety education have fewer accidents and fatalities. In 2016, there were 588 boating accidents in California, which resulted in 266 injuries, 50 fatalities a nd $3,911,886 in property damage.

Only two of the 50 boat operators involved in a fatal accident had taken a formal boating safety course (2016 California Recre- ational Boating Accident Statistics, page 15, [Exhibit 4]). Boaters learning safe boating practices can prevent boating accidents. Fees collected for CBCs will be sufficient to cover the amount necessary to implement the program, but not exceed those costs. DETERMINATION OF INCONSISTENCY/INCOMP ATIBILITY WITH EXISTING STATE REGULATIONS The Division has determined that this proposed regu- lation is not inconsistent or incompatible with existing regulations.

After conducting a review for any regula- tions that would relate to or affect this area, the Division has concluded that these are the only regulations that concern vessel operator cards. DISCLOSURES REGARDING THE PROPOSED ACTION The Division has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500−17630: None. Other non−discretionary cost or savings imposed on local agencies: None.

Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The CBC program will charge fees for vessel opera- tors t o obtain initial and duplicate vessel operator cards. There will be fines for persons violating Harbors and Navigation Code

section 678.15. Both of these items may impact private persons. The CBC program may cause an increase in persons taking and passing boating safety examinations, and this may positively impact businesses providing these examinations. Significant, statewide adverse economic impact di- rectly af fecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. Significant effect on housing costs: None. RESULTS OF THE ECONOMIC IMP ACT ANALYSIS/ASSESSMENT The Division concludes that it is (1) unlikely the pro- posed action will eliminate any jobs, (2) unlikely the proposed action may create an unknown number of

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2213 jobs, (3) unlikely the proposal will create new business- es, (4) unlikely that the proposal will eliminate any ex- isting businesses, and (5) unlikely that the proposal will impact the expansion of existing businesses. Benefits of the Proposed Action: Statistics show that states with some form of boating safety education have fewer boating accidents and fatalities. The CBC re- quirement will educate the boating public to establish safer waterways.

Fees collected for CBCs will be deposited into the V essel Operator Certification Account, established within the Harbors and Watercraft Revolving Fund. Fees will be in an amount sufficient to cover reasonable costs of the program, but not exceed those costs. SMALL BUSINESS DETERMINATION The Division has determined that it is unlikely the proposed regulations will adversely af fect small busi- nesses. The proposed regulations will implement Har- bors and Navigation Code, Division 3,

Chapter 5, Arti- cle 1, Sections 668.1 and 668.3, and Harbors and Navi- gation Code, Division 3, Chapter, 5,

Article 1.4,

Section 678, which clarify and specify implementation of the CBC. This program will impact the public and local law enforcement only.

CONSIDERATION OF ALTERNATIVES In accordance with Government Code 11346.5, sub- division (a)(13), the Division must determine that no reasonable alternative considered by the agency or that has otherwise been identified and brought to the atten- tion of the agency would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The Division is not aware of any reasonable alterna- tives to the proposed regulations. However , the Divi- sion invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period.

CONTACT PERSONS Inquiries concerning the proposed administrative ac- tion may be directed to: Charley Hesse, Regulations Analyst California State Parks Division of Boating and Waterways One Capitol Mall, Suite 500 Sacramento, CA 95814 Telephone: (916) 327−1741 Please direct requests for copies of the Proposed Text (the “express terms”) of the regulations, the Initial Statement of Reasons, the modified text of the regula- tions, if any, or other information upon which the rule- making is based, to Pamela Dias at the above address.

A V AILABILITY OF ST ATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND RULEMAKING FILE The Division will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address. As of the date this notice is published in the Notice Regis- ter, the rulemaking file consists of this Notice, the Pro- posed Text of the Regulations, the Economic and Fiscal Impact Statement (STD 399) and the Initial Statement of Reasons. Copies may be obtained by contacting Pamela Dias at the address or phone number listed above.

A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing, if any, and considering all timely and relevant comments received, the Division m ay adopt the proposed regulations substantially as de- scribed in this notice. If the Division makes modifica- tions which are sufficiently related to the originally pro- posed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Division adopts the regulations as revised.

Please send requests for copies of any modi- fied regulations to the attention of Pamela Dias at the address indicated above. The Division will accept writ- ten comments on the modified regulations for 15 days after the date on which they are made available. A V AILABILITY OF THE FINAL ST ATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Pamela Dias at the above address. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons and the text of the regulations in

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2214 underline and strikeout can be accessed through our website at www.dbw.ca.gov. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION California Code of Regulations Title 15, Crime Prevention and Corrections Department of Corrections and Rehabilitation NOTICE IS HEREBY GIVEN that the Secretary of t he California Department of Corrections and Rehabili- tation (CDCR), proposes to adopt new

Section 3329.5 into Title 15, Division 3, regarding Automatic Restora- tion of Forfeited Credits. PUBLIC HEARING Date and T ime: February 1, 2019 10:00 a.m. to 11:00 a.m. Place: Department of Corrections and Rehabilitation Conference Room 100N 1515 S Street — North Building Sacramento, CA 95811 Purpose: To receive comments about this action. PUBLIC COMMENT PERIOD The public comment period begins December 14, 2018 and closes on February 1, 2019 at 5:00 p.m.

Any person may submit written comments by mail ad- dressed to the primary contact person listed below, or by email to rpmb@cdcr.ca.gov, before the close of the comment period. For questions regarding the subject matter of the regulations, call the program contact per- son listed below. CONTACT PERSONS Primary Contact: S. Pollock Telephone: (916) 445−2308 Regulation and Policy Management Branch P .O. Box 942883 Sacramento, CA 94283−0001 Back−Up: Y. Sun Telephone: (916) 445−2269 Regulation and Policy Management Branch P.O.

Box 942883 Sacramento, CA 94283−0001 Program Contact: Chris Hees Division of Adult Institutions (916) 327−8987 AUTHORITY AND REFERENCE Government Code

Section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, responsi- bilities, obligations, liabilities, and jurisdiction of abol- ished predecessor entities, such as: Department of Cor- rections, Department of the Youth Authority, and Board of Corrections. Penal Code (PC)

Section 5000 provides that com- mencing July 1, 2005, any reference to Department of Corrections i n this or any code, refers to the CDCR, Di- vision of Adult Operations. PC

Section 5050 provides that commencing July 1, 2005, any reference to the Director of Corrections in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Cor- rections is abolished. PC

Section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, cus- tody , treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC

Section 5055 provides that commencing July 1, 2005, all powers and duties previously granted to and imposed upon the Department of Corrections shall be exercised b y the Secretary of the CDCR. PC

Section 5058 authorizes the Director to prescribe and amend rules and regulations for the administration of prisons and for the administration of the parole of persons. PC

Section 5058.3 authorizes the Director to certify in a written statement filed with Of fice of Administra- tive Law that operational needs of the Department re- quire adoption, amendment, or repeal of a regulation on an emergency basis. INFORMATIVE DIGEST/POLICY STATEMENT OVER VIEW The proposed regulations align with new regulations for Good Conduct Credit, which established a new

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2215 credit earning scheme and criteria effective May 1, 2017 that awards good conduct credit to inmates who comply with the rules and regulations of the prison. These proposed regulations will allow for automatic restoration of an inmate’s forfeited credit for a Division “D,” “E,” or “F” offense discovered on or after May 1, 2017, with the exception of an offense for possession or constructive possession of a cellular telephone or wire- less communication device capable of making or re- ceiving wireless communications.

Through the use of the Strategic Offender Management System (SOMS), those inmates who meet the criteria to have their forfeit- ed credit restored, will automatically receive the credit. In addition, the proposed regulations will standardize and make consistent the disciplinary−free periods for the Division “D,” “E,” and “F” offenses committed on or after May 1, 2017 to 90 days.

This action provides the following: • Makes a Division “D, “E,” or “F” offense committed on or after May 1, 2017 (excluding offenses for possession or constructive possession of a cellular telephone or wireless communication device capable of making or receiving wireless communications) automatically restorable if the inmate remains disciplinary−free for 90 calendar days. • Provides standardization and consistency for the disciplinary−free periods for a Division “D,” “E,” or “F” offense committed on or after May 1, 2017. • Defines “Disciplinary−Free” for the purposes of this section. • Specifies that new

Section 3329.5 will not apply to inmates found guilty of a rules violation for unauthorized possession or constructive possession of a cellular telephone or wireless communication device capable of making or receiving wireless communications.

BENEFITS ANTICIPATED BY THE PROPOSED REGULA TIONS The proposed regulatory action will benefit CDCR staf f and inmates by fully automating the credit restora- tion process for Division “D,” “E,” and “F” offenses discovered on or after May 1, 2017, and applying the restoration of forfeited credit automatically once the qualifications are met; therefore eliminating the need for a committee action or any further request from the inmate.

This will allow the process of restoration of credit to occur in real−time, without necessitating the need for the inmate to initiate a request, nor be sched- uled for a committee hearing at a later date. Automating the process for restoration of forfeited credit will ensure consistent application, and provide staff and inmates with the most accurate and up to date release date infor- mation for those inmates deemed eligible to receive restoration of forfeited credit.

The proposed regulatory action will encourage positive programming by not on- ly providing a consistent disciplinary−free period, but also an avenue for those inmates to receive credit for of- fenses which were otherwise deemed ineligible under the prior policy. EV ALUATION OF CONSISTENCY/COMP ATIBILITY WITH EXISTING LAWS/REGULATIONS The Department has determined that these proposed regulations are consistent and compatible with existing State laws and regulations.

The Department reached this conclusion by researching existing statutes and reg- ulations regarding the restoration of forfeited good con- duct credit. LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reim- bursement of costs or savings pursuant to Government Code Sections 17500−17630. FISCAL IMPACT STATEMENT • Cost to any local agency or school district that is required to be reimbursed pursuant to Government Code

Section 17500 et seq.: none. • Cost or savings to any state agency: none. • Other nondiscretionary cost or savings imposed on local agencies: none. • Cost or savings in federal funding to the State: none. EFFECT ON HOUSING COSTS The Department has made an initial determination that the proposed action will have no significant ef fect on housing costs. RESULTS OF ECONOMIC IMP ACT ASSESSMENT Effect on Jobs/Businesses The Department has made an initial determination that the proposed regulations will not have an impact on the creation of new or the elimination of existing busi- nesses or jobs within California, or affect the expansion

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2216 of businesses currently doing business in California, as the proposed regulations affect only the internal man- agement of CDCR prisons. Effect on the Health and Welfare of California Residents, W orker Safety, and the State’ s Environment The Department has made an initial determination that the proposed regulations will have no impact on worker safety , or the State’s environment as the pro- posed regulations only affect the internal management of CDCR prisons.

Any benefits to the health and wel- fare of California residents would only be to the extent of incentivizing inmates to take responsibility for their own rehabilitation and remain disciplinary free, which in turn will provide greater success for their long term rehabilitation and reintegration back into society once released, breaking the cycle of recidivism, and creating safer communities in which they live.

COST IMPACTS ON REPRESENT ATIVE PRIV ATE PERSONS OR BUSINESSES The Department is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMP ACT AFFECTING BUSINESSES The Department has initially determined that the pro- posed regulations will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to com- pete with businesses in other states.

EFFECT ON SMALL BUSINESSES The Department has determined that the proposed regulations will not af fect small businesses. It is deter- mined that this action has no significant adverse eco- nomic impact on small business as the regulations per- tain to the internal management of prisons, and the prison population does not have a significant effect on small businesses.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative considered by the Department, or that has otherwise been identified and brought to the attention of the Department, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

Interested persons are accordingly in- vited to present statements or arguments with respect to any alternatives to the changes proposed at the sched- uled hearing or during the written comment period. A V AILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The Department will make available the text and the Initial Statement of Reasons (ISOR) of the proposed regulations. The rulemaking file for this regulatory ac- tion, which contains those items and all information on which the proposal is based, is available to the public upon request directed to the Department’s contact per- son.

The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the Depart- ment’s website: http://www.cdcr.ca.gov. A V AILABILITY OF CHANGES T O PROPOSED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed regu- lations substantially as described in this Notice. If the Department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the De- partment adopts the regulations as revised.

Requests for copies of any modified regulation text should be direct- ed to the contact person indicated in this Notice. The Department will accept written comments on the modi- fied regulations for 15 days after the date on which they are made available. A V AILABILITY OF THE FINAL ST ATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the Depart- ment’ s contact person.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 50-Z 2217 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITION California Code of Regulations Title 15, Crime Prevention and Corrections Department of Corrections and Rehabilitation NOTICE IS HEREBY GIVEN that the Secretary of t he California Department of Corrections and Rehabili- tation (CDCR), pursuant to the authority granted by Government Code

section 12838.5 and Penal Code (PC)

section 5055, and the rulemaking authority grant- ed by PC

section 5058, proposes to amend sections 3999.98 and 3999.200 of the California Code of Regu- lations (CCR), Title 15, Division 3, concerning the Pro- visions of Care and Treatment Exclusions. PUBLIC HEARING Date and Time: February 11, 2019 10:00 a.m. to 11:00 a.m. Place: Elk Grove Police Service Center Elk Grove City Council Chambers 8400 Laguna Palms Way Elk Grove, CA 95758 Purpose: To receive comments about this action. The Elk Grove City Council Chambers is wheelchair accessible.

At the hearing, any person may present statements or arguments orally or in writing relevant to the proposed action described in the Informative Di- gest. The Department requests but does not require that persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing. PUBLIC COMMENT PERIOD The public comment period will close February 11, 2019 a t 5:00 p.m. Any person may submit public com- ments in writing (by mail or e−mail) regarding the pro- posed changes.

To be considered, comments must be submitted to California Correctional Health Care Ser- vices (CCHCS), Health Care Regulations and Policy Section, P .O. Box 588500, Elk Grove, CA 95758 or by e−mail to CCHCSRegs@cdcr.ca.gov before the close o f the comment period. CONTACT PERSON Inquiries regarding this Notice or the substance of the proposed regulatory action should be directed to: D. Dinnell Health Care Regulations and Policy

Section California Correctional Health Care Services P.O. Box 588500 Elk Grove, CA 95758 (916) 691−2921 Backup contact: D. Gouldy Associate Director Risk Management Branch California Correctional Health Care Services (916) 691−2922 AUTHORITY AND REFERENCE GC

section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of abolished predecessor en- tities, such as: Department of Corrections, Department of the Youth Authority, and Board of Corrections. PC

section 5000 provides that commencing July 1, 2005, any reference to the Department of Corrections in this or any code, refers to the CDCR, Division of Adult Operations. PC

section 5050 provides that commencing July 1, 2005, any