Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 39–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW SEPTEMBER 29, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2023–0919–07 ....................................... 1265 AMENDMENT MULTI–COUNTY: Association of California Water Agencies Joint Powers Insurance Authority Sonoma–Marin Area Rail Transit TITLE 2.

VICTIM COMPENSATION BOARD Indemnification of Victims of Crime — Notice File Number Z2023–0919–03 ................................ 1266 TITLE 2. SECRETARY OF STATE Election Observations Rights and Responsibilities — Notice File Number Z2023–0919–04. . . . . . . . . . . . . . . . . . . . . 1269 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Apiary Registration Fee and Registration Fee

Schedule — Notice File Number Z2023–0915–01 . . . . . . . . . . . . . . . .1271 TITLE 10. CALSA VERS RETIREMENT SA VINGS BOARD CalSavers State Employer Identification Number (SEIN) Amendments — Notice File Number Z2023–0919–05 ................................................................................ 1273 TITLE 14. COASTAL CONSERV ANCY Conflict–of–Interest Code — Notice File Number Z2023–0918–01 ........................................ 1277 TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION Audio and Video Recordings for Serious Rules Violations — Notice File Number Z2023–0908–02 .............. 1278 TITLE 16. DENTAL BOARD Disciplinary Guidelines — Notice File Number Z2023–0919–02 ......................................... 1280 TITLE 16. MEDICAL BOARD Citations and Fines — Notice File Number Z2023–0919–06 ............................................. 1286 (Continued on next page)

TITLE 16. MEDICAL BOARD Physician and Surgeon Health and Wellness Program — Notice File Number Z2023–0914–01 .................. 1290 GENERAL PUBLIC INTEREST OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Notice of Public Meeting and Business Meeting ....................................................... 1295 OAL REGULATORY DETERMINATON STATE WATER RESOURCES CONTROL BOARD 2023 OAL Determination Number 1 Concerning the California Laboratory Assessment Checklist (4/29/2021) ............................................................................ 1296

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 1301 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 REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, 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 https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1265 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 vest - ed in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Association of California Water Agencies Joint Powers Insurance Authority Sonoma–Marin Area Rail Transit A written comment period has been established commencing on September 29, 2023 and closing on November 13, 2023.

Written comments should be di - rected to the Fair Political Practices Commission, At - tention Daniel Vo, 1102 Q Street, Suite 3000, Sacra - mento, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest codes will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho - rized representative requests, no later than 15 days pri- or to the close of the written comment period, a public hearing before the full Commission.

If a public hear - ing is requested, the proposed codes will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest codes, proposed pursuant to Government Code Sec - tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed codes to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, ar - guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest codes.

Any written comments must be received no later than November 13, 2023. If a public hearing is to be held, oral com - ments 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. There- fore, they are not “costs mandated by the state” as de- fined in Government 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 codes should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 323–9103.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1266 AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 323–9103. TITLE 2.

VICTIM COMPENSATION BOARD INDEMNIFICATION OF VICTIMS OF CRIME §§ 649.4, 649.7, 649.15, 649.16, 649.18, 649.19, 649.24, 649.28, 649.50 The California Victim Compensation Board (CalVCB) proposes to adopt the regulations described below after considering all comments, objections and recommendations regarding the proposed action. PUBLIC HEARING CalVCB has not scheduled a public hearing on this proposed action; however, the Board will

schedule and hold a hearing if it receives a written request for a public hearing from any interested person, or their authorized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested individual, or their authorized rep - resentative, may submit written comments relevant to the proposed regulatory action. To be considered, written comments must be received by November 13, 2023. CalVCB will consider only comments received at its office by this deadline.

Written comments may be mailed to: Neil Ennes, Legislative Coordinator California Victim Compensation Board P.O. Box 48 Sacramento, CA 95812–0048 Written comments may also be submitted by fac - simile (FAX) at (916) 491–6441 or by email to regulations@victims.ca.gov. AUTHORITY AND REFERENCE Government Code (Gov. Code)

section 13920 au - thorizes CalVCB to adopt these proposed regulations. The proposed regulations are intended to implement, interpret, and make specific Government Code sec - tions 13950 through 13963. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CalVCB was the first established and remains one of the largest victim compensation programs in the nation. A person is eligible for victim compensation if, as a direct result of a qualifying crime, they suf - fered a pecuniary loss. (Gov. Code, §§ 13955, 13957.) “Crime” is defined as a crime or public offense that would constitute a misdemeanor or felony offense. (Gov.

Code, § 13951, subdivision (b).) A crime is a “qualifying crime” for purposes of the California Victim Compensation Board (CalVCB), if the victim sustained a physical injury or an emotional injury and a threat of physical injury. (Gov. Code, § 13955, subdi- vision (f)(1) & (2).) Victims of sexual assault, human trafficking, child molestation, or child abuse are only required to show they sustained an emotional injury. (Gov.

Code, § 13955, subdivision (f)(3).) An applica- tion for compensation must be filed within seven years of the qualifying crime, seven years after the victim attains 21 years of age, or seven years of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered that an in - jury or death had been sustained, whichever is later. (Gov. Code, § 13953, subdivision (a).) The Board may for good cause grant an extension of the time period to file an application. (Gov.

Code, § 13953, subdivision (b).) An applicant may be found to be ineligible for compensation if they failed to reasonably cooperate with a law enforcement agency in the apprehension and conviction of the person who committed the qual- ifying crime or were involved in the events leading to the qualifying crime. (Gov. Code, § 13956.) If CalVCB determines a qualifying crime occurred, CalVCB can help pay certain bills and expenses, as authorized by the Legislature, that are a direct result of the crime the application was based on. (Gov.

Code, §13957.) Eligible services include medical and dental care, mental health services, income loss, funeral and burial expenses, relocation, and residential securi - ty, among others enumerated in statute. (Gov. Code, § 13957.) However, CalVCB is a payor of last resort, meaning that, if a person is eligible for compensation, CalVCB provides compensation for costs that are not covered by other sources. (Gov. Code, §§ 13951 and 13954.) The regulations governing victim compensation (Cal. Code Regs., title 2, §§ 601 et seq.) have not been significantly revised since 2012.

As a result, several modifications are needed to provide clarity, transpar - ency, and consistency. The revision of

Section 649.4 clarifies when a felon is eligible for compensation. The

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1267 revision of

Section 649.7 clarifies the requirements for a complete application. The revision of

Section 649.15 provides additional factors that may be considered as good cause for filing applications beyond the statuto - ry deadline. The revision of

Section 649.16 clarifies who qualifies as a derivative victim. The revision of

Section 649.18 identifies ineligible funeral and buri - al expenses and clarifies the order of payment when there are multiple applications related to a single dece- dent. The revision of

Section 649.19 clarifies the evi - dence that will be considered and payments that may be made to improve or restore residential security. The revision of

Section 649.24 clarifies and expands on the circumstances that may render service providers in - eligible for reimbursement. The revision of

Section 649.28 clarifies and expands on CalVCB’s ability to oversee medical, medical–related, and mental health providers who seek reimbursement from CalVCB for services provided. The revision of

Section 649.50 clar- ifies when a person is eligible or ineligible for com - pensation due to their involvement in a vehicle–related qualifying crime. Anticipated Benefits of the Proposed Regulation: The proposed regulations comply with the current law governing victim compensation, clarify existing policies and practices, and provide the public with the specificity needed for applicants to successfully obtain compensation. The regulations also interpret and im - plement general aspects of the law, to ensure their con- sistent application in specific circumstances.

By doing so, they will provide clear guidance to the public and enable the Board to decide these claims in a more uni- form and efficient manner. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: The proposed regulations are not inconsistent or in- compatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Board 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 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative, private individual, or business: The Board is not aware of any cost im - pacts that a representative, private person, or business would necessarily incur in reasonable compliance with the proposed action.

Significant, statewide adverse economic impact di - rectly affecting businesses including the ability of Cal- ifornia businesses to compete with businesses in other states: None. Significant effect on housing costs: None. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The purpose of the proposed regulations is to in - terpret and implement the current law governing vic - tim compensation.

The proposed regulations comply with the current law governing victim compensation, clarify existing policies and practices, and provide the public with the specificity needed for applicants to successfully obtain compensation. The regulations also interpret and implement general aspects of the law, to ensure their consistent application in specific circumstances. By doing so, they will provide clear guidance to the public and enable the Board to decide these claims in a more uniform and efficient manner. When an application for compensation is approved, victims can submit bills for reimbursement of losses.

Compensation is awarded after a bill is verified. In fis- cal year 2021–2022, CalVCB received 39,015 applica- tions and provided $40.35 million in compensation to victims; in fiscal year 2020–2021, CalVCB received 40,640 applications and provided $52.74 million in compensation to victims; in fiscal year 2019–2020, CalVCB received 50,699 applications and provided $58.69 million in compensation to victims; in fiscal year 2018–2019, CalVCB received 52,973 applications and provided $61.88 million in compensation to vic - tims.

The amount paid in compensation has remained relatively stable over the past four years and CalVCB does not anticipate a significant change in future pay - outs. Accordingly, the proposed regulations will not directly impact jobs or the wider economy. CalVCB has determined that the proposed regulations will not affect: (

A) The creation or elimination of jobs within the State of California, The proposed regulations do not impact jobs be - cause they apply to a limited group of individuals seeking compensation as a result of being victim- ized during a crime. (

B) The creation of new businesses or the elimina - tion of existing businesses within the State of California, and The proposed regulations do not impact the cre - ation of new businesses or elimination of exist - ing businesses in California because they ap - ply to a limited group of individuals seeking

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1268 compensation as a result of being victimized dur- ing a crime. (

C) The expansion of businesses currently doing business within the State of California. The proposed regulations do not impact the ex - pansion of businesses currently doing business within the State of California because they apply to a limited group of individuals seeking com - pensation as a result of being victimized during a crime.

The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment: CalVCB has determined that the proposed regula - tions do not impact the health and welfare of Califor - nia residents, worker safety, or the state’s environment because they apply to a limited group of individuals seeking compensation as a result of being victimized during a crime.

SMALL BUSINESS DETERMINATION CalVCB has determined that the proposed regula - tions do not affect small businesses because they apply to a limited group of individuals seeking compensa - tion as a result of being victimized during a crime. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), CalVCB must determine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention 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 pri - vate individuals 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.

CalVCB invites interested individuals to present statements or arguments with respect to alternatives to the proposed regulations during the written com - ment period. CONTACT PERSON Inquiries concerning the proposed regulatory revi - sions may be directed to: Neil Ennes, Legislative Coordinator California Victim Compensation Board P.O. Box 48 Sacramento, CA 95812–0048 Telephone: (916) 491–3728 The backup contact person for inquiries concerning the proposed regulatory revisions is: Kim Gauthier California Victim Compensation Board P.O.

Box 48 Sacramento, CA 95812–0048 Telephone: (916) 491–3605 Please direct requests for copies of the proposed text of the regulations, the Initial Statement of Reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based to Neil Ennes at the above address. AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND RULEMAKING FILE The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at 400 R Street Sac - ramento, CA 95811 and on the website https://victims. ca.gov.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations and the Ini- tial Statement of Reasons. Copies may be obtained by contacting Neil Ennes at the P.O. Box or phone num - ber listed above. AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing, if requested, and con - sidering all timely and relevant comments received, CalVCB may adopt the proposed regulations substan- tially as described in this notice.

If CalVCB makes modifications which are sufficiently related to the original proposed text, it will make the modified text available to the public at least 15 days before CalVCB adopts the regulation as revised. Please send requests for copies of the modified regulation to the attention of Neil Ennes at the P.O. Box indicated above. The Board will accept written comments on the modified regula - tions for 15 days after the date on which they are made available.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Neil Ennes at the above P.O. Box address.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1269 AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons and the proposed text of the regulations in underline and strikeout can be ac - cessed through CalVCB’s website at https://victims. ca.gov. TITLE 2. SECRETARY OF STATE ELECTION OBSERVATIONS RIGHTS AND RESPONSIBILITIES NOTICE IS HEREBY GIVEN that the Secretary of State (SOS) is proposing to take the action described in the Informative Digest.

Any person interested may present statements or arguments in writing relevant to the action proposed. Written comments, including those sent by mail, facsimile, or email to the address listed under Contact Persons in this Notice, must be received by the SOS at its office not later than Novem- ber 13, 2023. A public hearing is not scheduled. A public hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the contact persons listed below no later than 15 days prior to the close of the written comment period.

Following the public hearing, if one is requested, or following the written comment period if no public hearing is requested, the SOS, upon its own motion or at the instance of any interested party, may thereafter adopt the proposals substantially as de- scribed below or may modify such proposals if such modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the per- son designated in this Notice as contact persons and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal. Public Comment Period: September 29, 2023, through November 13, 2023. AUTHORITY AND REFERENCE Authority cited:

Section 12172.5, Government Code, and

Section 10, Elections Code. Reference cited: Sections 303.4, 319.5, 320, 335.5, 336.5, 338.5, 338.6, 339, 353.5, 358, 359.2, 360, 361, 362, 2194, 2300, 2301, 2302, 2550, 3018, 3203, 14422, 14223, 14240, 14251, 14294, 15004, 15101, 15104, 15105, 15106, 15210, 15360, 15367, and 18370, Elec- tions Code. INFORMATIVE DIGEST A. Informative Digest Groups and individuals (“election observers”) ob - serve the conduct of various aspects of many Califor - nia Elections.

There are some references to election observation in the Elections Code, but those referenc - es are not sufficient to clearly set forth the rights and responsibilities of election observers and elections of- ficials. These regulations are being proposed to close that gap and provide uniform requirements for elec - tion observers and elections officials for the election observation process.

It is anticipated that having clear requirements with respect to the observation pro - cess — in the form of these regulations — will aid elections officials in addressing tense situations with election observers that have appeared more frequently in the past few elections. The clear requirements will also help observers in that they will know what their rights are with respect to observing an elections pro - cess or activity. The purpose of these regulations is as follows: 1. Establish requirements and procedures for elec - tions officials and election observers. 2.

Establish the rights of election observers with re- spect to the elections observation process. 3. Establish rights of elections officials with respect to the elections observation process. 4. Provide clear duties for election observers with respect to the elections observation process. 5. Provide clear duties for elections officials with re- spect to the elections observation process. 6. Establish requirements for the conduct of election observers. 7. Provide clear requirements and standards for vot- er challenges. These regulations are necessary to ensure uniform observation of elections in California.

With these regulations, observers will know up front what their rights are, regardless of the jurisdiction where they are observing an election. They can point to these regula - tions to ensure they have appropriate access to observ- ing election activities. Similarly, elections officials will be clear on how elections observers fit into the election administration process. These regulations balance the rights and needs of elections observers with elections officials’ need to efficiently and accurately complete elections activities. B.

Consistency/Compatibility with Existing State Regulations After conducting an evaluation of regulations in this area, the SOS has determined that these are the only regulations related to observation of the elections process. Therefore, the proposed regulations are nei -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1270 ther inconsistent nor incompatible with existing state regulations. C. Documents Incorporated by Reference: None. D. Documents Relied Upon in Preparing the Regulations: None. DISCLOSURES REGARDING THE PROPOSED REGULATIONS The SOS has made the following initial determinations: Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None.

Mandate on Local Agencies and School Districts: The proposed regulation imposes a mandate on local agencies. However, proposed regulation will have a minor fiscal impact on elections officials. The regu - lations require certain procedures to be developed, and also require county elections officials to create an observation plan that is to be submitted to the Secre - tary of State’s office. Most county elections officials already create and submit the observation plan to the Secretary of State’s office.

The fiscal impact to elec - tions officials is negligible, and can be absorbed by the elections officials within their existing budgets and resources. This local mandate does not require reim - bursement by the state. Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Re - quire Reimbursement: None. Business Impact: The SOS has made an initial de - termination that the proposed regulatory action will have no significant statewide adverse economic im - pact directly affecting business, including the ability of California businesses to compete with businesses in other states.

Cost Impact on Representative Private Person or Business: The Secretary of State is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable com - pliance with the proposed action. Significant Effect on Housing Costs: None. Effect on Small Business: These regulations will have no effect on small businesses. These regulations pertain to elections observation activities and respon - sibilities only.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The SOS has determined that the proposed regula - tions are (1) unlikely to create or eliminate any jobs in California, (2) unlikely to create or eliminate any California businesses, and (3) unlikely to result in the expansion of businesses currently doing business within California. These regulations pertain to elec - tions observation activities and responsibilities only. These regulations do not significantly change existing business practices such that jobs or businesses would be created or eliminated.

Benefits of the Proposed Regulations: The benefits of the regulation to the health and welfare of Califor - nia residents lies in the fact that these regulations will provide greater confidence in the conduct of Califor - nia’s election activities by providing uniform guid - ance for the rights and responsibilities of observers of the elections process and elections officials. These regulations will ultimately benefit California residents as rules for observing elections will be clear and uni - formly applied throughout California.

The regulations do not provide any benefits for worker safety or the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the SOS must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed or would be as effec- tive and less burdensome to affected private persons or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law. Any interested person may present statements or ar- guments with respect to alternatives or to the above determinations.

INITIAL STATEMENT OF REASONS, THE TEXT OF PROPOSAL AND THE RULEMAKING FILE The SOS has prepared an Initial Statement of the reasons for the proposed action and has available all the information upon which the proposal is based. The Initial Statement of Reasons is available on the SOS’s website. Copies of the express language of the proposed reg- ulations, any document incorporated by reference, the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained throughout the rulemaking process upon request from the SOS contact or on the website listed below.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1271 AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE A Final Statement of Reasons will be created after the closing of the public comment period. A copy of the final statement of reasons can be obtained once it has been prepared from the contact persons named be- low or by accessing the website listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Robbie Anderson Secretary of State 1500 11th Street, 5th Floor Sacramento, CA 95814 (916) 657–2166 aanderso@sos.ca.gov The backup contact person is: Rachelle Delucchi Secretary of State 1500 11th Street, 5th Floor Sacramento, CA 95814 (916) 657–2166 rdelucch@sos.ca.gov Website Access : Materials regarding this pro - posal can be found at: https://www.sos.ca.gov/ administration/regulations/proposed–regulations/ . TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE APIARY REGISTRATION FEE AND REGISTRATION FEE

SCHEDULE SECTIONS 2950 AND 2951 The Department of Food and Agriculture (Depart - ment) proposes to revise Title 3 of the California Code of Regulations (CCR) Sections 2950 and 2951 pertain- ing to the Apiary Registration Fee and Registration Fee Schedule. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or his or her authorized rep - resentative may submit written comments relevant to the proposed regulations to the Department. Com - ments may be submitted by USPS, FAX, or email. The written comment period closes on November 21, 2023. The Department will consider only comments received at the Department offices by that date or post- marked no later than November 21, 2023.

Submit com- ments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture 1220 N Street Sacramento, CA 95814 Erin.lovig@cdfa.ca.gov (916) 403.6650 (916) 651.2900 (FAX) Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Dean Kelch at (916) 261– 9252 or dean.kelch@cdfa.ca.gov, FAX number (916) 651–2900.

Unless there are substantial changes to the proposed regulations prior to adoption, the Department of Food and Agriculture may adopt the proposal as set forth in this notice without further notice to the public. Follow- ing the public hearing, if one is requested, or follow - ing the written comment period if none is requested, the Department, at its own motion, or at the instance of any interested person, may adopt the proposal sub - stantially as set forth without further notice.

AUTHORITY The Department proposes to amend Sections 2950 and 2951, pursuant to the authority vested by Sections 407 and 29044 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 407, 29026, and 29044 of the Food and Agricultural Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The current assessment fees for colonies in Califor- nia, last amended in 1984, does not cover the costs as- sociated with apiary registration, administration, and enforcement of the program.

The Department, work - ing with the California State Apiary Board, proposes

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1272 to change the existing fee from 0.15 cents per colony fee structure to the following fee structure: Number of colonies Fee 1–9 colonies $0 10–50 colonies $100 51+ colonies $250 This annual fee will cover a much larger portion of the county agricultural commissioner’s cost in regis - tering apiaries and protecting California from invasive pests associated with the movement of colonies into the state. EXISTING LAWS AND REGULATIONS Existing law, FAC

Section 407, provides that the Secretary may adopt such regulations as are reason - ably necessary to carry out the provisions of this code that the Secretary is directed or authorized to admin - ister or enforce. Existing law, FAC

Section 29026, provides that the (Apiary) Board shall be advisory on all matters relat - ed to the beekeeping industry and may make recom - mendations on all matters affecting the activities of the department in relation to the beekeeping industry including an annual review of the department’s apiary program. Existing law, FAC

Section 29044 provides that each beekeeper, apiary owner, apiary operator, broker, or person in possession of any apiary, shall pay, in ad - dition to any other fees imposed under this chapter, an annual registration fee not to exceed two hundred fifty dollars ($250) to the Secretary on January 1 of each year, to cover the cost of apiary registration. The Secretary may adopt such regulations and update a

schedule of registration fees. ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT The implementation of these amendments will al - low for higher registration fees to be collected from apiary owners. Collecting money means there is once again the intended incentive for county commission - ers to register apiaries. Having apiaries registered al - lows the Department and county agricultural commis- sioners to know the location of the apiaries and notify apiary owners of pesticide applications that can affect the bees, leading to healthier apiaries overall.

The amendment adjusts the registration fee struc - ture for bee colonies and specifies the process for fur- ther adjustments to the fee structure. There is no existing, comparable federal regulations or statute regulating the fee of bee colonies. There are no known specific benefits to worker safety or the health of California residents, but less exposure to pesticides is a general benefit of the amendment.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered other possible regula- tions addressing fee structure of bee colonies, it found that the proposed amendments are the only regula - tions dealing with this subject, and the Department is the only State agency which can designate these erad- ication areas for plant pests. As required by Govern - ment Code

Section 11346.5(a)(3)(D), the Department has conducted an evaluation of Sections 2950 and 2951 and has determined they are not inconsistent or incompatible with existing state regulations. 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: The amend - ment is to raise the fees for apiary owners. It is not expected to have a significant effect on any business.

The Department has determined that no savings or in- creased costs to any state agency and no costs or sav - ings in federal funding to the State will result from the amendment of Sections 2950 and 2951. The amend - ment of this regulation would have no fiscal impact on the Department. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no nondiscretionary costs or savings to local agencies or school districts. Other nondiscretionary 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 Department estimates the direct costs of the amendment of Sections 2950 and 2951 to reg - istrants for annual apiary registration to be $369,400 (2023 dollars) in the first year. This estimate is based on 2022 apiary registration data from BeeWhere. Bee- Where allows beekeepers to register and identify the number of hives and location online (Bee Safe Pro - gram Legislative Report, p. 18).

The amendment will have an economic effect on business; however, the fee charged to larger businesses will not be large enough to affect business operations. Significant, statewide adverse economic impact directly affecting businesses, including the ability of

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1273 California businesses to compete with businesses in other states: The cost impacts are expected to be none or minimal/non–consequential, as explained above. The Department makes the initial determination that the proposed action will not have a significant, state - wide adverse economic impact. Significant effect on housing costs: None. Small business determination: The proposed action will affect small business.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has made an assessment that the amendment to these regulations would: (1) not cre - ate or eliminate jobs within California, (2) not create new business or eliminate existing businesses within California,(3) not affect the expansion of businesses currently doing business within California, (4) is ex - pected to benefit the health and welfare of California residents, (5) is expected to benefit the state’s environ- ment, and (6) is expected to benefit workers’ safety.

Health and welfare: Less exposure to pesticides is a general benefit of the amendment. Environment: Having apiaries registered allows the Department and county agricultural commissioners to know the location of the apiaries and notify api - ary owners of pesticide applications that can affect the bees, leading to healthier apiaries overall. Workers’ Safety: The amendment of these regula - tions benefits worker safety because the amendments assist with alerting workers to pesticide use in the sur- rounding area, which is a safely benefit.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law. The Department invites interested persons to pres - ent alternatives during the written comment period.

AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action and has made avail- able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request.

The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice.

If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 10. CALSAVERS RETIREMENT SAV I NGS BOA R D AMENDMENT REGARDING THE CALSA VERS RETIREMENT SAV I NGS PRO GR A M The CalSavers Retirement Savings Board (“Board”) proposes to adopt the regulations amendments de - scribed below after considering all comments, objec - tions, and recommendations regarding the proposed action.

WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to the Board. Comments

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1274 may be submitted by email to CalSavers@sto.ca.gov, or by mail: Regular Mail CalSavers Retirement Savings Board Re: Rulemaking for the CalSavers Retirement Savings Program P.O. Box 942809 Sacramento, CA 95815 Courier Delivery CalSavers Retirement Savings Board Re: Rulemaking for the CalSavers Retirement Savings Program 901 P Street, Suite 313B Sacramento, CA 95814 The written comment period will close November 13, 2023. The Board will only consider comments re - ceived by that time.

All written comments received by the Board are subject to disclosure under the Public Records Act. PUBLIC HEARING A public hearing is not scheduled. A public hearing will be held if any interested person, or their duly au - thorized representative, submits a written request for a public hearing to the contact person listed below no later than 15 days prior to the close of the written com- ment period. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Board may adopt the proposed regula - tions substantially as described in this notice.

If the Board makes modifications that are sufficiently related to the original proposed text, it will make the modified text (with the changes clearly indicated) available to the public at https://www.treasurer.ca.gov/calsavers/ regulations/index.asp for at least 15 days before the Board adopts the regulations as revised. The Board will accept written comments on the modified regula - tions for 15 days after the date on which they are made available. AUTHORITY AND REFERENCE Authority:

Section 100048 of Government Code provides the CalSavers Retirement Savings Board the authority to adopt regulations to implement Title 21 of the Government Code. Reference: Sections 100000, 100002, 100004, 100008, 100010, 100012, 100014, 100032, 100033, 100034, 100043, 100046, and 100048, Government Code.

INFORMATIVE DIGEST In 2012, the California Legislature enacted and the Governor signed Senate Bills (SB) 1234 and (Chapter 734, Statutes of 2012) and SB 923 (Chapter 737, Stat- utes of 2012,) which established the California Secure Choice Retirement Savings Investment Board (subse - quently changed to the “CalSavers Retirement Savings Board” through Assembly Bill (“AB”) 102 in 2020) and required the Board to conduct a market analysis to determine whether the necessary conditions for implementing the California Secure Choice Retire - ment Savings Program (subsequently changed to the “CalSavers Retirement Savings Program” through AB 1817 in 2018) could be met.

The legislation required the Board to determine, based on the market analysis, if necessary conditions can be met and prohibited the implementation of the Program without subsequent legislation to authorize it. In 2016, the California Legislature enacted and the Governor signed SB 1234 (Chapter 804, Statutes of 2016,) which, among other things, granted the Board the authority to take the steps necessary to implement the Program, including the adoption of regulations.

On October 31, 2019, the Office of Administrative Law approved permanent regulations for the Program that implement, interpret, and make specific the rules, policies, and procedures for the Program. Specifically, these regulations accomplish the following:

a) Define terms used in the regulations and further clarify the meaning of

definitions in statute;

b) Define employer eligibility for the Program and establish the means by which the Program shall determine such eligibility;

c) Establish the deadlines and processes by which eligible employers shall register for the Program;

d) Define the duties for participating employers and the processes by which participating employ - ers shall comply with the requirements of the Program;

e) Establish processes for the enrollment of eligible employees into the Program;

f) Define the default account settings for partici - pants whom do not make an alternative election;

g) Define the alternative elections available to participants;

h) Establish the policies for the participation of indi- viduals in the Program outside of an employment relationship with an Eligible Employer;

i) Define the processes and policies for contribu - tions, distributions, and transfer of savings; and

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1275

j) Define how enforcement of employer compliance shall be conducted. Due to the COVID–19 pandemic, the Board ex - tended the first employer registration deadline from June 30, 2020, to September 30, 2020, in April 2020 through the emergency rulemaking process. On June 29, 2020, Governor Newsom signed AB 102, which made a variety of amendments to the Program’s gov - erning statutes. The amendments included a change to the name of the Program’s governing board and the Program trust. Nonsubstantive changes to existing regulations were filed with the OAL on July 7, 2020, to change the Board and trust name, pursuant to

Section 100 of Title 1 of the California Code of Regulations (CCR). On July 27, 2020, the Board approved a variety of regulations amendments.

The amendments added a new default investment fund for participants born Jan- uary 1, 2003, to December 31, 2007, a change that was necessary to make before December 31, 2020; removed a feature in which eligible employees who previously opted out are subjected again to automatic enrollment; clarified the tax–qualified retirement plans that, if of - fered by an employer, would render them exempt; and made a variety of technical amendments that improve the clarity of the regulations.

At the October 19, 2020, Board meeting, the Board voted to authorize the executive director to develop amendments necessary to change the default invest - ment option to one in which contributions are direct - ed to the Capital Preservation Fund (referred to as the Money Market Fund) for the first 30 days of employee participation and, on the 31st day, have all funds di - rected into a Target Retirement Fund selected based on the Participating Employee’s age.

At the meeting, the executive director also informed the Board it would consider a package of regulations amendments, in - cluding the enforcement of employer compliance and reduction of the minimum contribution amount for non–payroll contributions at the subsequent meeting.

At the December 7, 2020, Board meeting, the Board voted to approve regulations amendments to change the default investment option as described above, clar- ify processes for enforcing employer compliance, re - duce the minimum contribution amounts for non–pay- roll contributions, clarify the frequency for recurring non–payroll contributions, and clarify that rollovers and transfers into a CalSavers account, and amend the definition of a Tax–Qualified Plan. The Board released a notice of proposed rulemaking March 19, 2021, to make permanent the three emer - gency rulemakings approved by the Board in 2020.

The rulemaking was approved by the Office of Ad - ministrative Law January 13, 2022. At the December 13, 2021, meeting, the Board ap - proved a new set of regulations amendments to allow employers to register earlier than currently allowed in regulations, to specify the date by which newly eligible employers must register for the Program to maintain compliance, to correct a typographical error, to simplify the employer registration process, and to update language to account for longer delivery times by the United States Postal Service. The emergency rulemaking to make the amendments was notified on March 1, 2022.

The OAL approved the emergency regulations amendments on March 18, 2022. The cer - tificate of compliance for the rulemaking was posted in the notice register on November 11, 2022, and reg - ular rulemaking process was completed on March 15, 2023. Currently, an Eligible Employer must provide a Fed- eral Employer Identification Number in order to reg - ister for the program. If this is not available, the em - ployer has the option to submit a California Employer Payroll Tax Account Number.

After implementation and subsequent discussion, it was resolved that one of the changes to the registration process could have an unwanted, negative effect on the privacy of employer’s data. The proposed regulation will require an Eligible Employer to provide both the Federal Employer Iden- tification Number and California Employer Payroll Tax Account Numbers. The benefits of this proposed regulation are to enhance security, and therefore fur - ther protect the privacy of employer data. The Board is authorized under Government Code

Section 100048 to adopt regulations it deems neces - sary to implement the Program consistent with the Internal Revenue Code and regulations issued pursu - ant to that code to ensure that the Program meets all criteria for federal tax–exempt benefits. Government Code

Section 100048 deems the adoption, amend - ment, repeal, or readoption of such regulations to ad - dress an emergency for purposes of Government Code Sections 11346.1 and 11349.6 and thereby exempts the Board from the requirements of Government Code

Section 11346.1(b). Pre–Rulemaking Activity These regulations amendments were approved by the Board at the May 22, 2023, Board meeting. Staff posted a notification of proposed emergency rulemak- ing May 30, 2023, it was approved by the Office of Administrative Law (OAL) on June 19, 2023, and it went into effect on July 13, 2023. In addition to the public comment periods involved in the rulemaking process and the public comment pe- riods at each Board meeting, the Board also received and considered input from Program employers and participants that have already begun participating in the Program.

Through our client services team, our internal outreach team, local chambers of commerce and other business associations, interactive webinars with the public that occur multiple times a week, and

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1276 our social media platforms, the Board receives regu - lar feedback about facets of the Program, thoughts on how the Program could be improved, as well as gener- al praise and criticism.

Anticipated Benefits of the Proposed Regulations: These regulations amendments will make no mate - rial impacts on the overall indirect benefits of the pro- gram, but the improvements to the registration process will benefit employers by improving the protection of employer data, and that will benefit Eligible Employ - ers’ data security and improve the overall opinion of the program. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Board evaluated whether or not there are any other regulations that may be adversely impacted by the adoption of these proposed regulations.

Because these regulations are solely for the purpose of oper - ating the Program, and no other regulations exist in the California Code of Regulations pertaining to the operation of the Program, the proposed regulations are neither inconsistent nor incompatible with existing state regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION The Board has made the following determinations regarding fiscal impact: ● Mandate on local agencies and school districts: none. ● Cost to any local agency or school district that must be reimbursed in accordance with Govern - ment Code Sections 17500 through 17630: none. ● Cost or savings to any state agency: none. ● Other nondiscretionary cost or savings imposed on local agencies: none. ● Costs or savings in federal funding to the state: none. ● Cost impacts on a representative person or busi - ness: For participating employers, the Program requires no direct costs or fees to participate.

Al - though participating employers’ role in facilitat - ing the Program requires minimal activities, em - ployers will be required to perform some duties upon the initial registration and ongoing mainte - nance to facilitate payroll deductions and assist with the enrollment of new employees. For those duties, the Board estimates approximately $157 in opportunity costs for the staff time necessary to register and annual ongoing opportunity costs of $135. Participation in the Program is completely volun - tary for eligible employees.

Participating employees will pay an administrative fee taken from their contri - butions and investment interest. Those fees currently range between 0.32 and 0.49 percent depending on the investment option selected by the participant, with a $18 annual account fee ($4.50 quarterly account fee) and two optional fees of $5 annually for receipt of withdrawals via paper check or $5 annually for receipt of statements via regular mail.

The amendments included in this rulemaking do not materially change the duties of participating employ - ers nor do they impact the administrative fees for par- ticipants, and, therefore, cause no changes to the cost impacts on a representative person or business.

The Board 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. ● Small Business Determination: The amendments included in this rulemaking do not materially change the duties of participating employers nor do they impact the administrative fees for partici- pants, and, therefore, cause no changes to the cost impacts on a representative person or business or small business. ● Significant statewide adverse economic impact directly affecting businesses, including the abili - ty of California businesses to compete with busi - nesses in other states: none. ● Significant effects on housing costs: none. ● The proposed regulations do not require a report to be made.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Program staff analyzed the economic impacts caused by a direct result of this rulemaking package. These amendments do not materially change the duties or requirements of participating employers so there is no expected change to those business impacts as a re - sult of this rulemaking. The following list identifies the estimated impacts by each category of potential impacts. The creation or elimination of jobs within the state: no impact. The creation of new businesses or the elimination of existing businesses within the state: no impact.

The expansion of businesses currently doing busi - ness within the state: no impact. The benefits of the regulation to the health and wel- fare of California residents, worker safety, and the state’s environment: see previous

section on anticipat- ed benefits.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1277 CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the Board must determine that no rea- sonable 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 carry - ing 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.

The Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written com - ment period. CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Jonathan Herrera Director of Strategic Stakeholder Engagement and Customer Experience CalSavers Retirement Savings Board 901 P Street, Suite 313B Sacramento, CA 95814 Telephone: (916) 653–1744 Email: CalSavers@sto.ca.gov CC: Jonathan.Herrera@sto.ca.gov Please direct any inquiries regarding the regulato - ry process to Mr. Herrera at the above address.

The designated backup contact person is Jessica Stroing, who can be reached at Jessica.Stroing@sto.ca.gov or by phone at (916) 653–1744. AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Board will have the rulemaking file available for inspection online at https://www.treasurer.ca.gov/ calsavers/regulations/index.asp. To request a physical inspection of the rulemaking file, please contact the contact persons identified above and they will sched - ule a time and location for the inspection.

As of the date of this notice is published in the No - tice Register, the rulemaking file consists of this no - tice, the proposed text of the regulations, the economic and fiscal impact analysis, and the initial statement of reasons. Copies may be obtained by contacting Jon - athan Herrera at the email address or by calling the phone number listed above. AVAILABILITY OF THE FINAL STATEMENT OF REASONS After it is completed, a copy of the Final Statement of Reasons may be obtained by submitting a written request to the contact person identified above. TITLE 14.

COASTAL CONSERVANCY NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Coastal Conservancy, pursuant to the authority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A com - ment period has been established commencing on September 29, 2023 and closing on November 13, 2023. All inquiries should be directed to the contact listed below. The Coastal Conservancy proposes to amend its conflict–of–interest code to include employee posi - tions that involve the making or participation in the making of decisions that may foreseeably have a ma - terial effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include: identifying new staff positions responsible for report - ing, which are: Staff Services Analysts that work as project managers, Fellows, and Interns. Other chang - es include updating our Procurement and Accounting positions to reflect the current organizational chart.

The code revisions also include explicitly identifying alternates or designees to Board members as subject to reporting to avoid any confusion on the obligations of alternates. Information on the code amendment is available on the agency’s intranet site and/or attached to this email. Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than November 13, 2023, or at the conclusion of the public hearing, if requested, which - ever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than October 29, 2023.

The Coastal Conservancy has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school dis- trict that are required to be reimbursed under

Part

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1278 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Mary Small, Deputy Executive Officer, (510) 286–4181, mary.small@scc.ca.gov. TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION AUDIO AND VIDEO RECORDINGS FOR SERIOUS RULES VIOLATIONS NOTICE IS HEREBY GIVEN that the Secre - tary of the California Department of Corrections and Rehabilitation (CDCR or department), proposes to amend

Section 3315 into Title 15, Division 3,

Chapter 1, regarding Audio and Video Recordings for Serious Rules Violations. PUBLIC COMMENT PERIOD The public comment period begins September 29, 2023 and closes on November 17, 2023. Any person may submit written comments by mail addressed 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 person listed below. CONTACT PERSONS Primary Contact A. Colavita Telephone: (916) 322–8344 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 J. Penney Telephone: (916) 324–4219 Division of Adult Institutions P.O. Box 942883 Sacramento, CA 94283–0001 PUBLIC HEARING Date and Time: November 20, 2023 10:00 a.m. to 11:00 a.m. Place: Department of Corrections and Rehabilitation Room 150N 1515 S Street — North Building Sacramento, CA 95811 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, respon - sibilities, obligations, liabilities, and jurisdiction of abolished predecessor entities, such as Department of Corrections, 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 in this or any code, refers to the CDCR, Division of Adult Operations. PC

Section 5050 pro- vides 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 Corrections 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, custody, treatment, training, discipline, and employ - ment of persons confined therein are vested in the Sec- retary of the CDCR. PC

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

Section 5058 authorizes the Director

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1279 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 Office of Administrative Law that operational needs of the department require adoption, amendment, or repeal of regulation on an emergency basis. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The proposed regulations establish that inmates shall review non–confidential audio or video record - ing(

s) that are directly relevant to their serious rules violation offense prior to a serious rules violation dis - ciplinary hearing. This change will ensure a fair and equitable disciplinary hearing process for inmates, by providing inmates with the opportunity to review au - dio or video recording(

s) to prepare a defense, before a serious rules violation hearing is held. This action will: ● Establish that inmates shall review non–confi - dential audio or video recording(

s) that are direct- ly relevant to their serious rules violation offense prior to their serious rules violation disciplinary hearing. DOCUMENTS INCORPORATED BY REFERENCE Automated Confidential Information Disclosure Form. SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The department anticipates the proposed regulations will ensure a fair and equitable disciplinary hearing process, by establishing a requirement for inmates to review audio or video recording(

s) that are directly rel- evant to their offense before a serious rules violation hearing. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING REGULATIONS Pursuant to Government Code 11346.5(a)(3)(D), the department has determined the proposed regulations are not inconsistent or incompatible with existing reg- ulations. After conducting a review for any regulations that would relate to or affect this area, the department has concluded that these are the only regulations that concern revising inmates reviewing non–confidential audio or video recording(

s) that are directly relevant to their serious rules violation offense. 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 or savings to any state agency: None . ● Cost to any local agency or school district that is required to be reimbursed: 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 effect on housing costs. COST IMPACTS 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.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The department has made an initial determination that the proposed regulations will not have a signifi - cant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states, because the proposed regulations place no obligations or requirements on any business. EFFECT ON SMALL BUSINESSES The department has determined that the proposed regulations will not affect small businesses.

This ac - tion has no significant adverse economic impact on small businesses because they place no obligations or requirements on any business. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The department has determined that the proposed regulation will have no effect on the creation of new, or the elimination of existing, jobs or businesses within

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1280 California, or effect the expansion of businesses cur - rently doing business in California. The department has determined that the proposed regulation will have no effect on worker safety or the state’s environment. These regulations may benefit the welfare of Califor - nia residents by helping to make CDCR institutions safer for inmates, staff, and visitors. Additionally, saf- er institutions may provide an environment more con- ducive to rehabilitation, thereby reducing recidivism.

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 regulatory action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

Interested persons are invit- ed 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. AVAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make avail - able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations.

The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) 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: www.cdcr.ca.gov. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the depart - ment’s contact person.

AVAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed reg- ulations 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 department adopts, amends or repeals the regulations as revised. Requests for copies of any modified reg - ulation text should be directed to the contact person indicated in this Notice.

The department will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. TITLE 16. DENTAL BOARD DISCIPLINARY GUIDELINES NOTICE IS HEREBY GIVEN that the Dental Board of California (Board) is proposing to take the action described in the Informative Digest below, after considering all comments, objections, and recommen- dations regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action.

However, the Board will, hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- son” in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under Contact Person in this Notice, must be received by the Board at its office no lat - er than 5:00 p.m., November 14, 2023 , or must be received by the Board at the hearing, should one be scheduled. AUTHORITY AND REFERENCE: Pursuant to the authority vested by Business and Professions Code (BPC) sections 315, 315.2, 315.4, and 1614, and

Section 11400.20 of the Government Code to implement, interpret, or make specific BPC sections 315, 315.2, 315.4, 726, 729, 1680 and 1687 and Government Code sections 11400.20 and 11425.50(e), and

Section 44010 of the Education Code, the Board is considering amending

section 1018 of

Article 4.5 of

Chapter 1 of Division 10 of Title 16 of the California Code of Regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1281 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board is responsible for licensing and regu - lating dental professionals in California. The Board licenses an estimated 89,000 dental professionals, including approximately 43,500 licensed dentists; 44,500 registered dental assistants (RDAs); and 1,700 registered dental assistants in extended functions (RDAEFs). The Board is also responsible for setting the duties and functions of an estimated 50,000 unli - censed dental assistants. The Board is responsible for disciplining licensees and enforcement of Articles 1 through 8 of

Chapter 4 of the Business and Professions Code (BPC) (sect. 1600–1808) and Division 10 of Title 16 of the Califor- nia Code of Regulations (CCR sections 1000–1088). CCR

Section 1018 requires the Board to consult the “Dental Board of California Disciplinary Guidelines With Model Language” (Disciplinary Guidelines) when making decisions on disciplinary cases. In order to better protect the public from licensees who have committed one or more violations of the BPC or the CCR, conform the Disciplinary Guidelines to recent statutory and regulatory changes, and provide clarity to probationers of the terms of probation, the Board needs to revise its Disciplinary Guidelines.

The cur - rent Disciplinary Guidelines contain many outdat - ed terms and conditions of probation and, in many instances, do not reflect recent updates to statutory law and other changes that have occurred in the pro - bationary environment since the last update in 2010. If the Guidelines are amended, the corresponding regulation, CCR

section 1018, must also be amended to incorporate by reference the revised Guidelines as revised and approved by the Board at its February 10, 2023 meeting. Proposed amendments to

section 1018 would update references to the Disciplinary Guidelines and incor - porate by reference the February 10, 2023 version of the document. The proposed changes would update the Disciplinary Guidelines to better protect Califor - nia consumers and ensure consistency in the Board’s enforcement actions. The proposed changes to the regulation and to the Disciplinary Guidelines would include: ● Changes to Title 16 CCR

section 1018 ○ Update the title of the document to “Dental Board of California Disciplinary and Denial Guidelines with Model Language.” ○ Update the revision date to February 10, 2023. ○ Include aggravating circumstances as an additional example of what would justify the Board to deviate from the Disciplinary Guidelines. ○ Make non–substantive changes to re - place the full name of the Dental Board of California with a short form reference to the “Board” (already defined in full at CCR sec- tion 1000) ● Changes to the Disciplinary Guidelines (incor- porated by reference at CCR

section 1018) ○ Amend the title in the proposed text and to the Disciplinary Guidelines to include the words “and Denial” to account for referenc- es to statutes governing denials of applica - tions (e.g., Business and Professions Code

section 480) and recommended enforcement actions in the Guidelines document. ○ Provide additional notes and guidance for when to use the Board’s approved Uniform Standards Related to Substance– Abusing Licensees with Standard Language for Probationary Terms and Conditions (“Uniform Standards”). In compliance with Business and Professions Code sec - tion 315, in 2014, the Board adopted the document entitled “Uniform Standards Related to Substance–Abusing Licensees with Standard Language for Probationary Orders,” New February 28, 2013 at California Code of Regulations, title 16 (16 CCR), sec- tion 1018.01. The notes further clarify the requirements in

Section 1018.01 and re - state the requirements in that document that specify the Uniform Standards terms are re - quired to be used in any probationary order of the Board affecting a licensee found to be a substance abuser.

This proposal would be updated to also add notes and additional clarifying direction to help assist the users of the Guidelines in understanding how and when the Uniform Standards are to be used in lieu of the terms listed in the Guidelines. ○ Add “terms and” before the word “condi - tions” throughout the document. ○ Reflect changes to California law since the last version of the Guidelines were ap - proved by the Board, including the adop - tion of Substantially Related Criteria and Rehabilitation Criteria as outlined in 16 CCR sections 1019 and 1020, respective - ly, and required by Business and Profession Code (Code) sections 480, 481 and 482, as amended by

Chapter 995, Statutes of 2018 (AB 2138). ○ Add the term “Disclosure of Probation Status to Patients” and rationale to the

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1282 list of Standard Probationary Terms and Conditions, which is required pursuant to Business and Professions Code (BPC)

section 1673 only for probationers meet - ing specified criteria (e.g., commission of any act of sexual abuse, misconduct, or re - lations with a patient or client).

This new Term reflects the requirements of BPC sec - tion 1673, which was put into law since the last Guidelines update, and requires Respondents provide a separate disclosure to patients if a Respondent is on probation due to specified circumstances involving di- rect harm to patients. ○ Rename Term (6) on the Standard Probationary Terms and Conditions from “Status of Residency, Practice, or Licensure Outside of State” to “Tolling of Probationary Period”. ○ Remove Term (11) “Function as a Licensee” from the list of Standard Probationary Terms and move substantive provisions of that term to the new Term “Tolling of Probationary Period” Condition and renumber subsequent Ter ms. ○ Add Term (15) “Civil Penalty” and an ac - companying Rationale to the list of Standard Probationary Terms and Conditions as this penalty is required in cases where a respon - dent fails or refuses to comply with a request for patient dental records or fails or refuses to comply with a court order mandating the release of records to the Board pursuant to BPC

section 1684.1. ○ Add model introductory language for all Disciplinary Orders. ○ Add Notes to the Standard Terms

section indicating precisely which Terms from the Uniform Standards apply for violations in - volving Substance Abusing Licensees. ○ Add language to Standard Term (1) “Obey All Laws” to clarify compliance and report - ing requirements. ○ Expand Rationale behind Standard Term (1) to cover relevance of discipline from other boards and/or agencies. ○ Strike redundant and unnecessary language on license restoration from Standard Term (3) “Comply with the Board’s Probation Program” and include additional rationale for this term. ○ Add language to Standard Term (4) “Address Change, Name Change, License Status” clarifying that Respondent must keep the Board informed of any change in license sta- tus during any period of non–practice (as de- fined in the “Tolling of Probationary Period” term) or suspension of practice unless other- wise specified in the disciplinary order. ○ Revise Standard Term (6) with new title “Tolling of Probationary Period” to describe Respondent’s responsibility and timeframe to notify the Board of any periods where the Respondent is not in dental practice for more than 30 calendar days, which it defines as non–practice unless otherwise specified in this term.

The Term would define peri - ods of non–practice totaling more than two (2) years as a probation violation and out - lines the Respondent’s responsibilities dur - ing any periods of non–practice (regardless of whether Respondent is residing in or out- side of California). ○ Revise Standard Term (6) to specify that it is not considered a violation of probation if Respondent is residing and practicing in another state in the United States and is on active probation with the licensing author - ity of that state, in which case the two–year tolling limitation period shall begin on the date probation is completed or terminated in that state.

This makes it clear that pro - bationers are expected to comply with the Board’s probation, but the Board will permit probation to be considered served (and not “tolled” or paused) as long as the licensee is actively being monitored by another licens - ing authority. ○ Revise Standard Term (6) to include provi - sions that specify that periods of non–prac - tice do not relieve Respondent of the re - sponsibility to comply with the terms and conditions of probation.

Respondent shall continue to comply with all of the terms and conditions of probation, including the obli - gation to maintain an active and current li - cense with the Board (see Term Number 4 “Address Change, Name Change, License Status”), meetings in person for inter - views (see Term Number 5 “Meetings and Interviews”), and cost recovery (see Term Number 8 “Cost Recovery”). ○ Revise text and Rationale of Term (8) “Cost Recovery” to further specify the costs Respondents are responsible for covering. ○ Revise text of Term (9) “Probation Monitoring Costs” to emphasize that the

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1283 term language is specific to probation monitoring. ○ Revise text of re–numbered Term (11) “Continuance of Probationary Term/ Completion of Probation” to clarify the Board’s continuing jurisdiction in the event of probation violations until the matter is final. ○ Remove reference to discipline as unneces - sary in the Rationale for re–numbered Term (12) “Sale or Closure of an Office”. ○ Revise re–numbered Term (13) “Notification to Employer” to include copies of additional documents in the notice and to include pro - spective as well as current employers, super- visors and/or contractors, as appropriate. ○ Add Note to Term (13) indicating when to use the Uniform Standards term for no - tice to employer rather than this term in the Guidelines. ○ Add clarifying language to re–numbered Optional Term (16) “Suspension” about how monies owed for services prior to the sus - pension and monies earned by Respondent’s practice during the suspension are to be treated. ○ Revise re–numbered Term (17) “Remedial Education” to indicate that failure to com - plete the required course in the first year of probation would constitute a violation of probation and specify the process by which a respondent would submit a written request for Board approval of a remedial course. ○ Repeal existing references to the WREB ex- amination and add the American Board of Dental Examiners (ADEX) exam reference to re–numbered Term (18) “Examination”. ○ Add Note to Term (19) “Supervised Practice” to indicate that the Respondent shall be sub- ject to the Uniform Standards term in lieu of this Term with respect to supervised prac - tice if the Respondent is found to be a sub - stance abusing licensee. ○ Revise re–numbered Term (21) “Third Party Monitor (Chaperone)” to add additional en - forcement documents to the list that the Monitor is required to review and fully un - derstand in their role as a monitor who would be present at all times while Respondent is consulting, examining or treating specified patients. ○ Revise re–numbered Term (23) “Community Service” to add additional enforcement doc- uments to the list that Respondent must provide to the organization(

s) where respon- dents are providing community service. ○ Revise renumbered Term (24) “Psychological Examination” to delete the Board’s authori - ty to excuse a Respondent from complying with recommendations of the evaluator at its discretion. ○ Revise re–numbered Term (31) “Ethics Course” to include the process for submit - ting a written request for approval of an eth- ics course to the Board. ○ Revise Term (32) “Billing Monitor” to ex - pand the list of the types of relationships between the Monitor and Respondent that would disqualify a billing monitor from be - ing approved by the Board (i.e., personal or business relationships perceived as creating conflicts of interest). ○ Revise Rationale for Term (34) “Controlled Substance — Maintenance of Records and Inventories” to clarify the Term should be used only for cases involving dentists. ○ Add Recommended Penalties and new grounds for discipline or enforcement action for violations of Business and Professions Code (BPC) sections 480(a)(1), 480(a) (2), 490, 650.2, 1628.5, 1638.1(j), 1638.5, 1646.1(b), 1646.1(d), 1646.7, 1647.9, 1647.17, 1647.25, 1647.31, 1647.31(b), 1647.31(c), 1647.34, 1658.6, 1670.1, 1680, 1680(g), 1680(n), 1680(af), 1680(ag), 1680(ah), 1683.1, 1683.2 1684.1 and 1687. ○ Strike (

i) as outdated and superseded by oth- er revisions to this statute relating to dental group advertising and referral services from the Penalty

section for BPC

section 650.2. ○ Insert “or Administering” into the Penalty title for “Clearly Excessive Prescribing Drugs or Treatment.” ○ Add notice language to Penalty for BPC sec- tion 1680(r) — “Suspension or Revocation by Another State” to link the proposed pen - alty to the Uniform Standards for substance abusing licensees. ○ Revise Penalty title for BPC

section 1680(ad) from “Unsafe and Sanitary Conditions” to “Failure to Follow Infection Control Guidelines”. ○ Add the word “Dental” before “Auxiliaries” in the Penalty

section title for BPC

section 1680(ae). ○ Revise Penalty title for BPC

section 1681(

a) from “Substance Abuse, Possession or Control, Alcohol Abuse, or Conviction

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1284 related to Controlled Substances” (sic) to “Unlawfully Obtain or Possess Controlled Substance or Dangerous Drug”. ○ Add language to Penalty language for BPC

section 1681(a), BPC

section 1681(

b) and BPC

section 1681(

c) to link penalties for substance abusing licensees to the Uniform Standards. ○ Make grammatical, syntax, re–numbering, gender neutral and other nonsubstantive changes for easier comprehension, consis - tency, and administration of the Guidelines. ANTICIPATED BENEFITS OF PROPOSED REGULATIONS The Board has determined that this regulatory pro - posal will have the following benefits to the health and welfare of California residents.

The proposed amend - ments make the Disciplinary Guidelines consistent with current law and the current probationary envi - ronment, clarify the terms and conditions of probation to reduce the likelihood of misinterpretation, provide model orders, and strengthen consumer protection. The Board anticipates that the updated Disciplinary Guidelines will be a more useful tool for the Board, applicants and licensees, Administrative Law Judges (ALJs), legal counsel, and the public by providing a more accurate overview of the Board’s processes in formal disciplinary actions.

The updated Disciplinary Guidelines will also serve as an educational and guid- ance tool for the ALJs who administer hearings for the Board. The regulatory proposal will improve the consistency of penalties for violations of the Act and its regulations. This regulatory proposal promotes the fairness and standardization of cases requiring formal discipline or denial by clarifying the conditions un - der which licensees and applicants shall be subject to varying levels of enforcement actions and terms and conditions of probation, as applicable.

This regulatory proposal does not affect worker safety or the state’s environment. EVALUATION OF CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing this regulatory proposal, the board has conducted a search of any sim- ilar regulations on these topics and has concluded that these regulations are neither inconsistent nor incom - patible with existing state regulations.

INCORPORATION BY REFERENCE This proposal would incorporate by reference the document entitled “Dental Board of California Disci - plinary and Denial Guidelines With Model Language” (Revised February 10, 2023). The Disciplinary Guide- lines are incorporated by reference as they are too lengthy and cumbersome to be included in the CCR. DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The proposed regulations do not result in a fiscal impact to the state.

The regulations help to provide consistency in the application of discipline for violations of laws and/ or regulations. This proposal does not change fine amounts for violations, so no additional revenues are anticipated. This proposal provides a more accurate overview of the Board’s processes in formal disciplinary actions, which will provide greater clarity to licensees, con - sumers, the Office of Attorney General, and the Ad - ministrative Law Judges by outlining relevant and transparent standards directly related to violations outlined in law.

The Board does not anticipate addi - tional workload or costs resulting from the proposed regulations. The Board will ensure compliance with the pro - posed regulations through its existing continuing li - censing and enforcement activities and does not an - ticipate a change in enforcement cases based on the proposed changes to regulations. The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Require Reimbursement: None.

Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs: None. Business Impact Estimates: The Board has made the initial determination that the proposed regulatory action would have no sig - nificant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. This initial determination is based upon the following facts.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1285 The Board does not believe this regulation will have a significant adverse economic impact on businesses. Adopting this regulation updates the guidance to the Board and its enforcement staff on how to handle ex - isting and future disciplinary matters. The proposed regulatory action only adversely affects a negligible number dental and dental auxiliary licensees and applicants who, through their conduct, subject them - selves to disciplinary action for violations of the laws and regulations within the Board’s jurisdiction.

Any “adverse economic impact” would only occur as the result of a disciplinary order following a formal administrative proceeding and a finding of fact affirm- ing a violation of the laws and/or regulations within the Board’s jurisdiction. Any potential “adverse eco - nomic impact” may be avoided simply by complying with the existing laws and regulations governing the practice of dentistry in California.

Cost Impact on Representative Private Person or Business: The agency 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. The proposed regulations would revise existing disciplinary guidelines but would not change fine amounts. The proposed regulatory action only adversely af - fects a negligible number of dental and dental aux - iliary licensees and applicants who, through their conduct, subject themselves to disciplinary action for violations of the laws and regulations within the Board’s jurisdiction.

Any potential “adverse economic impact” may be avoided simply by complying with the existing laws and regulations governing the practice of dentistry in California. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Board has determined that these regulations would not have any impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California because the proposed regulation sets out standard guidance for disciplinary and denial cases.

Individuals in compliance with the Dental Practice Act and associated regulations will not be affected by the proposed regulations.

Benefits of Regulation: The Board has determined that this regulatory pro - posal will have the following benefits to the health and welfare of California residents: This regulatory proposal affects the health and welfare of California residents because the proposed regulation will enhance the Board’s ability to take ap- propriate action against dental and dental auxiliary licensees and applicants who, through their conduct, subject themselves to disciplinary action by violating the laws and/or regulations.

Additionally, this propos- al will benefit Deputy Attorneys General (DAG), Ad - ministrative Law Judges, and others involved in the disciplinary process by ensuring consistency in the

interpretation and application of penalties in adminis - trative disciplinary and denial actions. This regulatory proposal will have no impact on worker safety because the proposal does not address worker safety. This regulatory proposal will have no impact on the California environment as the proposal is not related to the environment. Business Reporting Requirements The regulatory action does not require businesses to file a report with the Board. EFFECT ON SMALL BUSINESS While the Board does not have, nor does it maintain, data to determine if any of its licensees (dentists or dental auxiliaries) are a “small business,” as defined in Government Code

section 11342.610, the Board has made an initial determination that the proposed reg - ulatory action will not affect small businesses, as it only affects dentist and dental auxiliary licensees and applicants who are disciplined or denied for violations of the Act and/or Board regulations. Businesses oper - ated by dentist licensees and applicants who follow the law will not incur any fiscal impact. The Board does not maintain data relating to the number or percentage of licensees who own a small business; therefore, the number or percentage of small businesses that may be impacted cannot be predicted. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Board must deter - mine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is pro - posed, would be as effective and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may submit comments to the Board in writing relevant to the above determinations at 2005 Evergreen Street, Suite 1550, Sacramento, California 95815 during the written comment period or at the hearing if one is scheduled or requested.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1286 AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulatory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the informa- tion on which this proposal is based. This material is contained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice.

TEXT OF PROPOSAL Copies of the exact language of the proposed reg - ulations, and any document incorporated by refer - ence, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained at the hearing (if requested) or pri - or to the hearing upon request from the Board at 2005 Evergreen Street, Suite 1550, Sacramento, Cal - ifornia 95815 or by accessing the Board’s website at https://www.dbc.ca.gov/about_us/lawsregs/proposed_ regulations.shtml.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request of any interested party, may, adopt the proposed regulations substantially as described in this notice, or may mod - ify such proposals if such modifications are sufficient- ly related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly in - dicated, will be available for review and written com - ment for 15 days prior to its adoption from the person designated in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You may obtain a copy of the Final Statement of Reasons once it has been prepared, by making a writ - ten request to the contact persons named below or by accessing the website listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: David Bruggeman, Staff Services Manager I Dental Board of California Address: 2005 Evergreen Street, Suite 1550 Sacramento, CA 95815 Telephone Number: (916) 263–2327 Fax Number: (916) 263–2140 Email Address Lawrence.Bruggeman@dca.ca.gov The backup contact person is: Name: Christy Bell, Staff Services Manager II Dental Board of California Address: 2005 Evergreen Street, Suite 1550 Sacramento, CA 95815 Telephone Number: (916) 263–2187 Fax Number: (916) 263–2140 Email Address: Christy.Bell@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications noted, as well as the Final State - ment of Reasons when completed, and modified text, if any, can be accessed through the Board’s website at: https://www.dbc.ca.gov/about_us/lawsregs/ proposed_regulations.shtml TITLE 16.

MEDICAL BOARD CITATIONS AND FINES NOTICE IS HEREBY GIVEN that the Medical Board of California (Board) is proposing to take the action described in the Informative Digest below, after considering all comments, objections, and recommen- dations regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hear- ing if it receives a written request for a public hearing from any interested person, or their authorized repre - sentative, no later than 15 days prior to the close of the written comment period.

A hearing may be requested by making such request in writing addressed to the individuals listed under Contact Person in this notice.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1287 COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this Notice, must be received by the Board at its office no later than by 5:00 p.m., Tuesday, November 14, 2023, or must be received by the Board at the hearing, if applicable.

AVAILABILITY OF MODIFICATIONS The Board may, after considering all timely and relevant comments, adopt the proposed regulations substantially as described in this notice, or may mod - ify the proposed regulations if such modifications are sufficiently related to the original text.

With the ex - ception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this notice as the Contact Person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notifi - cation of any changes to the proposal.

AUTHORITY AND REFERENCE Pursuant to the authority vested by Sections 125.9, 148, and 2018 of the Business and Professions Code (BPC), and to implement, interpret, or make specific sections 125.9 and 148 of the BPC, the Board is con - sidering amendments to Sections 1364.10 and 1364.11 of Division 13 of Title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BPC

section 125.9 authorizes the Board to establish a system by regulation for the issuance of citations to the Board’s licensees, which may contain an order of abatement or fine. A citation, with or without a fine and/or order of abatement, is used to address technical or minor viola- tions of the law and is not considered a disciplinary ac- tion. The Board’s authority to issue a citation furthers public protection, as it allows the Board to take action upon completion of an investigation for violations that do not rise to the level warranting discipline but do raise issues that should be brought to the licensee’s at- tention for correction. Note, however, that pursuant to 16 CCR

section 1364.11, subdivision (e), citations are separate from and in addition to any other administra- tive, civil, or criminal remedies. This proposed rulemaking will update the Board’s citation and fine regulations by: 1) making them gender neutral; 2) making non–substantive changes to improve readability; 3) clarifying that the Board is authorized to issue a citation to any of its licensees, which may in - clude an order of abatement and/or fine, for a vio- lation of the statutes and regulations listed in 16 CCR

section 1364.11; contained in the Medical Practice Act or the Licensed Midwifery Practice Act of 1993; any regulation adopted by the Board under Division 13, Title 16 of the California Code of Regulations; and any other statute or regula - tion which would be grounds for discipline by the Board; and 4) clarifying that any fine levied by a Board official shall not exceed the amount specified by the ap - plicable statute. On May 19, 2023, the Board reviewed and approved proposed language for this rulemaking, and autho - rized staff to proceed with the rulemaking process. Specifically, this proposed rulemaking will do the following: Amend 16 CCR

section 1364.10 Existing law under 16 CCR

section 1364.10 pro - vides that a Board official is authorized to determine when and against whom a citation will be issued and to issue citations containing orders of abatement and fines for violations by individuals of the statutes and regulations referred to in 16 CCR

section 1364.11. This proposed rulemaking will amend

section 1364.10, subdivision (

a) to make nonsubstantive changes to capitalize “Board” in reference to the Med- ical Board of California, and to change “his or her” to “their.” Under

section 1364.10, subdivision (b), this propos- al will make non–substantive changes to capitalize “Board” in reference to the Medical Board of Califor- nia and substitute the term “contain” for “containing.” Additionally, this proposal clarifies that the Board may issue citations, which may contain orders of abate- ment and/or fines to any person who holds a license, certificate, registration, or permit from the Board, and deletes the reference to the individual license and reg- istration types. Under

section 1364.10, subdivision (c), this proposal makes a minor change by replacing “the” with “each” to indicate that the citation shall include a reference to each statute or regulation alleged to have been violat - ed. This proposal also changes “regulations” to “regu- lation” so that it is grammatically correct. Amend 16 CCR

section 1364.11 Existing law under 16 CCR

section 1364.11 provides that a Board official may issue a citation for a viola - tion of the statutes and regulations specified in that section, as well as to a licensee who violates a term or condition of probation. Additionally, existing law caps

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1288 the fine at $2,500, but permits a fine of up to $5,000 if the licensee has received two or more prior citations for the same or similar violations, or if the citation involves multiple violations that show a willful disre - gard for the law. This proposed rulemaking will amend

section 1364.11 to strike the first paragraph in reference to BPC

section 125.9 referring to the determination of the fine, as relevant language is being moved to sec - tion 1364.11, subdivision (c). This proposed rulemaking will amend

section 1364.11, subdivision (

a) to change “his or her” to “their,” and to capitalize “Board” in reference to the Medical Board of California. Additionally, this proposed rulemaking will delete

section 1364.11, subdivision (a), paragraphs (18)–(62) and (87)–(88), because the code sections referenced in those paragraphs are contained in the Medical Prac - tice Act, the Licensed Midwifery Practice Act of 1993, or the Board’s regulations. The Medical Practice Act, the Licensed Midwifery Practice Act of 1993, and the Board’s regulations are being added in their entirety to this regulation under

section 1364.11, subdivision (a), paragraphs (44), (45), and (46), respectively. All of subdivision (

a) will be renumbered accordingly. Further, this proposed rulemaking will amend sec - tion 1364.11, subdivision (a), former paragraph (84), renumbered as paragraph (39), to delete the reference to subdivisions (

a) and (

b) under Health and Safety Code

section 123110, to clarify that a violation of any provision of that

section is citable. This proposed rulemaking will also amend

section 1364.11, subdivision (

a) to add a new paragraph (47) to specify that a violation of any other statute or reg - ulation upon which the Board may base a disciplinary action is a citable offense. This proposed rulemaking will also amend sec - tion 1364.11, subdivision (

b) to change “his or her” to “their,” and to capitalize “Board” in reference to the Medical Board of California. Further, this proposed rulemaking will amend sec - tion 1364.11, subdivision (

c) to delete existing lan - guage setting forth the range for any fine amount to be levied and factors to be considered when determining the amount, and to add language to indicate that the Board official shall not exceed the fine amount speci - fied under applicable code sections and shall consider the factors listed under those code sections when levy- ing a fine. Finally, this proposed rulemaking will amend sec - tion 1364.11, subdivision (

d) to change “his or her” to “their,” and to capitalize “Board” in reference to the Medical Board of California.

Anticipated Benefits of Proposal This proposed rulemaking will further consumer protection by updating the Board’s cite and fine reg - ulations to clarify that the Board may issue a citation to any of its licensees which may contain a fine and/ or order of abatement for a violation of any provision in the Medical Practice Act, the Licensed Midwifery Practice Act of 1993, any regulation adopted by the Board, and any other statute or regulation upon which the Board may base a disciplinary action, in addition to certain specified statutes and regulations contained in the existing regulation.

These amendments will help keep the list of citable offenses current, as statutes and regulations are added, repealed, and modified. Further, this proposed rulemaking clarifies the Board’s authority to assess fines to the full extent out- lined by applicable code sections, and updates the reg- ulations to make them gender neutral.

Updating the cite and fine regulations will enhance public protection by improving this administrative tool allowing the Board to take action for violations that do not rise to the level warranting discipline, but do raise issues that should be brought to the licensee’s attention for correction.

Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, the Board has conducted a search for any similar regulations on this topic and has con - cluded that these regulations are neither inconsistent nor incompatible with existing state regulations.

DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The Board anticipates annual workload and costs related to issuing approximately 88 additional cita - tions per year to total approximately $15,620. Out of those 88 additional citations, the Board anticipates ap- proximately 25 informal conferences will be request - ed per year at a cost of approximately $3,359.

Further, out of those 88 additional citations, the Board antici - pates that there will be three formal appeals per year at a cost of approximately $20,118. Therefore, the total annual cost relating to this rulemaking is estimated at $39,097 per year, and up to $390,975 over a 10–year period. With regard to revenues, the Board currently issues an average of 88 citations a year under existing law with an average fine of $771. The Board anticipates that the average amount of fines will double from $771 to $1,542. Consequently, between the increase in fine amounts for the current number of citations issued

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1289 on average, and the 88 additional citations with an average fine amount of $1,542 anticipated under this rulemaking, the Board estimates the average amount of additional revenues to be $203,544 per year and up to $2,035,440 over a 10–year period under this proposal. The proposed regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Require Reimbursement: None.

Significant Effect on Housing Costs (and, if appli- cable, including any estimated costs of compliance or potential benefits of a building standard): None. Business Impact Estimates: The Board has made an initial determination that the proposed regulatory action will have no significant statewide adverse economic impact directly affecting businesses, including the ability of California busi - nesses to compete with businesses in other states. This initial determination is based on the fact that individuals who are in compliance with the law will not be impacted by the proposed amendments.

The Board also only issues citations to individuals not busi- nesses. Over the last two fiscal years, 2020–2021 and 2021–2022, the Board received an average of 10,054 complaints across all license types per fiscal year. Over that same period the Board issued an average of 88 citations with an average fine of $771 assessed. The Board anticipates that the number of citations issued may double as a result of this rulemaking to an aver - age of approximately 176 citations each fiscal year, as there will additional license types that may receive a citation, and there will be more citable offenses under this proposal.

The average amount of the fine may increase to approximately $1,542 as a result of this rulemaking package, since the Board is modifying

section 1364.11 to refer to BPC

section 125.9, which authorizes a fine of up to $5,000, even for a first offense, unless another limit applies. Cost Impact on Representative Private Person or Business There may be a cost impact to a licensee for com - mitting a citable violation. Individuals in compliance with the law will not be impacted by these proposed amendments. Based on data over a two–year period, the average assessed fine amount is $771. The average amount of the fine is expected to increase to approximately $1,542 as a result of this rulemaking package, since the Board is modifying

section 1364.11 to refer to BPC

section 125.9, which authorizes a fine of up to $5,000, even for a first offense. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses The Board has determined that this regulatory pro - posal will not have any impact on the creation of jobs or new businesses or the elimination of jobs or exist - ing businesses or the expansion of businesses in the State of California.

Benefits of Regulation The Board has determined that this regulatory pro - posal will benefit the health and welfare of California residents by updating and clarifying the citation and fine regulations as described above which will im - prove this administrative tool and enhance public pro- tection. This regulation does not impact worker safety or the state’s environment. Business Reporting Requirements The regulatory action does not require businesses to file a report with the Board. Effect on Small Business The Board has determined that the proposed reg - ulations will not affect small businesses.

The Board issues citations and fines to individuals who violate the law and does not issue citations to businesses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a), paragraph (13), the Board must determine that no reasonable alternative it con - sidered to the regulation or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed; would be as effective and less bur - densome to affected private persons than the propos - al described in this Notice; or would be more cost– effective to affected private persons and equally ef - fective in implementing the statutory policy or other provision of law.

Any interested person may submit comments to the Medical Board of California in writing relevant to the above determinations at 2005 Evergreen Street, Suite 1200, Sacramento, CA 95815, during the written com- ment period, or at the hearing if one is requested. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulatory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the informa- tion on which this proposal is based.

This material is contained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 39–Z 1290 TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board by contacting the person named below, or by accessing the Board’s website at http://www.mbc.ca.gov/About_Us/Laws/ Proposed_Regulations.

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You may obtain a copy of the Final Statement of Reasons once it has been prepared by making a written request to the Contact Person named below or by accessing the website listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Alexandria Schembra Address: Medical Board of California 2005 Evergreen Street, Suite 1200 Sacramento, CA 95815 Telephone Number: (916) 263–2466 Fax Number: (916) 263–2387 Email Address: regulations@mbc.ca.gov The backup contact person is: Name: Kerrie Webb Address: Medical Board of California 2005 Evergreen Street, Suite 1200 Sacramento, CA 95815 Telephone Number: (916) 263–2389 Fax Number: (916) 263–2387 Email Address: regulations@mbc.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Actions the Ini - tial Statement of Reasons, and the text of the regu - lations can be accessed through the Board’s website at http://www.mbc.ca.gov/About_Us/Laws/Proposed_ Regulations.

TITLE 16. MEDICAL BOARD PHYSICIAN AND SURGEON HEALTH AND WELLNESS PROGRAM Section(

s) Affected: Title 16, Division 13, Chap - ter 2, California Code of Regulations (CCR) amend

Article 2, sections 1357, 1357.1, 1357.9, and

Article 4,

section 1361.5(c)(3); repeal

Article 2, sections 1357.2, 1357.3, 1357.4, 1357.5, 1357.6, and 1357.8; and adopt

Article 2, sections 1357.10, 1357.11, 1357.12, 1357.13, and 1357.14. NOTICE IS HEREBY GIVEN that the Medical Board of California (Board) proposes to take the ac - tion described in the Informative Digest below, after considering all comments, objections, and recommen- dations regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hearing upon a written request for a public hearing from any interested person, or their authorized repre - sentative, no later than 15 days prior to the close of the written comment period.

A hearing may be requested by making such request in writing addressed to the individuals listed under Contact Person in this notice. COMMENT PERIOD Any person interested may present statements or arguments relevant to the action proposed in writing. Written comments, including those sent by mail, fac - simile, or email to the addresses listed under Contact Person in this notice, must be received by the Board at its office no later than 5:00 p.m., Tuesday Novem- ber 14, 2023, or at the hearing, if applicable.

AVAILABILITY OF MODIFICATIONS The Board may, after considering all timely and rel- evant comments, adopt the proposed regulations sub - stantially as described in this notice, or may modify the proposed regulations if such modifications are suf- ficiently related to the original text. With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifica