Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 14-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW APRIL 8, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. COMMISSION ON STATE MANDATES Conflict–of–Interest Codes — Notice File Number Z2022–0328–01 ........................................ 383 TITLE 2. COMMISSION ON STATE MANDATES Digital Signatures and General Cleanup — Notice File Number Z2022–0328–02 ............................. 387 TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Senate Bill 2 Implementation – Amend Commission Regulation 1015 Removal of Notice of Appointment and Termination (NOAT) Form — Notice File Number Z2022–0329–03 .................. 390 TITLE 13. DEPARTMENT OF MOTOR VEHICLES Commercial Driver’ s License: Entry Level Driver Training — Notice File Number Z2022–0329–02 .............. 392 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Staff Misconduct Allegations — Notice File Number Z2022–0329–06 ...................................... 395

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 399 Sections Filed, January 1, 2022 to March 31, 2022 ..................................................... 401 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 http://www.oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 383 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. COMMISSION ON STATE MANDATES DIVISION 2. FINANCIAL OPERATIONS

CHAPTER 2.5 NOTICE OF INTENTION TO AMEND CONFLICT–OF–INTEREST CODE OF THE COMMISSION ON STATE MANDATES NOTICE IS HEREBY GIVEN that the Commission on State Mandates (Commission), pursuant to the au - thority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. The Commission proposes to adopt the regulations described below after considering all comments, ob - jections, and recommendations regarding the pro - posed action. PUBLIC HEARING The Commission has not scheduled a public hearing for this proposed action.

However, if it receives a writ- ten request for a public hearing from any interested person or his or her authorized representative no later than 15 days before the close of the written comment period by May 9, 2022, the Commission will conduct a public hearing on this proposed action on May 27, 2022, and will notify all persons of the date, time, and location of the hearing pursuant to Government Code

section 11346.8(a). WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to the Commission. The written comment period opens upon publication in the Notice Register on April 8, 2022 and closes on May 23, 2022. The Commission will consider only com - ments received at the Commission offices by that time.

Commenters are strongly encouraged to submit their written comments electronically if possible (to prevent the spread of COVID–19) via the Commission web - site “dropbox” at: https://www.csm.ca.gov/dropbox. php. Written comments and all inquiries may also be submitted to: Jill Magee, Program Analyst Commission on State Mandates 980 Ninth Street, Suite 300 Sacramento, CA 95814 Phone: (916) 323–3562 AUTHORITY AND REFERENCE Authority: Government Code sections 17527(g), 87306. Reference: Government Code sections 11123, 11346.4, 11347, 11347.1, and 17500 et seq.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Commission on State Mandates (Commission) is a seven–member quasi–judicial body authorized to resolve disputes regarding the existence of state– mandated local programs (Gov. Code, § 17500 et seq.) and to hear matters involving county applications for a finding of significant financial distress (Welf. & Inst. Code, § 17000.6). The Political Reform Act (Gov.

Code, §81000 et seq.) requires state and local government agencies to adopt and promulgate conflict–of–interest codes that specify financial disclosure categories for offi - cials and employees who participate in governmental decision–making. The Commission proposes to amend its conflict– of–interest code to include employee positions that in- volve the making or participation in the making of de- cisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amend - ment carries out the purposes of law and no other al - ternative would do so and be less burdensome to af - fected persons.

The purpose of this rulemaking is to update the Commission’s conflict–of–interest code to add, delete, and revise designated positions and specify disclosure categories for those positions in order to reflect chang- es to the Commission’s workforce and assigned duties; clarify the statement of economic interest (Form 700) filing obligations of Commission members and desig- nees; and add a new disclosure category (Category 4), which lists the economic interests in any source which contracts with the Commission for the provision of goods and which must be reported by any designated position subject to this category.

The Commission has prepared a written explanation of the reasons for the new and amended designated positions and disclosure

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 384 categories (Initial Statement of Reasons), which is in - cluded in the rulemaking package. The Commission proposes amending the Appendix to

Section 1189.10 in

Article 9 of the California Code of Regulations, Division 2, Title 2,

Chapter 2.5. Anticipated Benefits of the Proposed Regulation Accurately reflecting the disclosure obligations of Commission members and designees, employees, and consultants increases the Commission’s transparency and accountability to the public. Adding a new disclo- sure category ensures the appropriate degree of dis - closure while also protecting the right to privacy of Commission officials and employees.

Consistency and Compatibility with Existing State Regulations After conducting a review of existing regulations, the Commission has concluded that California Code of Regulations, title 2, sections 1189.10 and 1189.11 are the only regulations concerning the Commission’s conflict–of–interest code. Therefore, the proposed regulations are consistent and compatible with exist - ing state regulations. DESCRIPTION OF PROPOSED REGULATIONS I. Add, Delete, and Revise Designated Positions in the Appendix to the Conflict–of–interest Code in

Section 1189.10.

Section 1189.10. General Provisions and Appendix of the Conflict–of–Interest Code. Specific Purpose of the Regulation

Section 1189.10 of the regulations contains the gen- eral provisions of the Commission’s Conflict–of– interest Code and an appendix. The appendix iden - tifies the Commission member, designee, employee, and consultant positions required to file statements of economic interest with the Fair Political Practices Commission (FPPC) and establishes disclosure cate - gories for each position.

The proposed amendments add, delete, and revise designated positions and specify disclosure catego - ries for those positions in order to reflect changes to the Commission’s workforce and assigned duties, as required by Government Code sections 87302 and 87306(a). Revise Attorney Positions . In January 2020, the Commission reclassified one of its Attorney III po - sitions as an Attorney IV position. The Attorney IV makes and participates in making decisions which foreseeably have a material effect on economic in - terests and is therefore required to file a statement of economic interest with FPPC.

The Attorney IV is as - signed to the broadest disclosure category (Category 1). Because all positions within the Attorney classifi - cation are subject to the broadest disclosure catego - ry (Category 1), it is appropriate to consolidate the Attorney I, Attorney III, and Attorney IV positions into one designated position listing in the appendix as “Attorney (All Levels).” Add Associate Budget Analyst . The Associate Budget Analyst is a newly–created position, with du - ties similar to, but more specialized than, the Associate Governmental Program Analyst – Procurement.

This position is added as a designated position with disclo- sure categories that are the same as for the Associate Governmental Program Analyst (Categories 2 and 3), based on the assigned duties. Replace Information Systems Analyst with Informa­ tion Technology Specialist. The Information Systems Analyst classifications (Senior Information Systems Analyst, Staff Information Systems Analyst) were abolished and replaced with the Information Technology Specialist classifications. The Information Technology Specialist maintains the same duties as the Information Systems Analyst, including IT pro - curement duties.

Additionally, the Commission will have more than one level of this classification on Commission staff and performing IT procurement duties. Therefore, it is appropriate for all levels of the Information Technology Specialist to have the same disclosure category (Category 2) as the former Information Systems Analyst position. Add Office Technician . The Office Technician po - sition is added as a designated position because the Office Technician participates in making decisions on behalf of the Commission pertaining to the pro - curement of goods.

While an office technician typi - cally does not perform job duties that require mak - ing or participating in making governmental deci - sions, the Commission’s small size and organizational structure require the Office Technician to participate in decision–making pertaining to the procurement of goods on behalf of the Commission. Specifically, the Office Technician has been assigned the role of “Purchase Order Receiving Processor” in the Financial Information System for California (FI$Cal).

The Office Technician is assigned to Category 4, which is proposed to be added to the Commission’s disclosure categories as part of these amendments. Proposed Changes Attorney III is deleted and Attorney is revised to specify that the designated position includes all levels. Associate Budget Analyst is added as a designated position with assigned disclosure categories 2 and 3. The Senior Information Systems Analyst and Staff Information Systems Analyst are deleted and replaced with Information Technology Specialist (all levels) with assigned disclosure category 2.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 385 Office Technician is added as a designated position with assigned disclosure category 4. Necessity and Anticipated Benefits The proposed amendments are necessary to reflect changes to State employee classifications and to the Commission staffing to accurately reflect those posi - tions that make or participate in the making of gov - ernmental decisions, as required by Government Code sections 87302 and 87306(a). II. Clarify the Form 700 Filing Obligations of Commission Members and Designees in

Section 1189.10.

Section 1189.10. G eneral Provisions and Appendix of the Conflict–of–interest Code. Specific Purpose of the Regulation The purpose of the proposed amendments is to clar- ify the statement of economic interest (Form 700) fil - ing obligations of Commission members and their des- ignees. The Commission’s conflict–of–interest code lists all members and alternates as designated positions and assigns disclosure category 1 (the Commission’s broadest disclosure category).

The Commission is made up of seven members, including the Treasurer and Controller. 1 Because the Treasurer and Controller are elected officers and file the Form 700 directly with the FPPC, they are not required to file under the Commission’s conflict–of–interest code. Similarly, California Code of Regulations,

section 18730(b)(3) exempts the Director of Finance from filing a state - ment of economic interest under the Commission’s conflict–of–interest code. The proposed amendments also clarify that all other Commission members and all member designees are required to file a Form 700 with the Commission under its conflict–of–interest code. Proposed Changes The proposed amendments add the following expla- nation to the appendix to

section 1189.10: Members of the Commission on State Mandates Elected state officers (State Treasurer and State Controller), and the Director of Finance who serve on the Commission on State Mandates are not required to file a statement of economic interests under this conflict–of–interest code. Elected state officers are excepted from filing under Government Code

Section 82019, and the Director of Finance is excepted from filing under California Code of Regulations, Title 2,

Section 18730(b)(3). However, all other members and all designees must file a statement of economic interests under this conflict–of–interest code with the Commission. 1 Government Code

section 17525(a). Necessity and Anticipated Benefits The proposed amendments are necessary to make clear which Commission members are and are not re - quired to file statements of economic interest under the Commission’s conflict–of–interest code. III. Add Disclosure Category 4 to

Section 1189.10.

Section 1189.10. General Provisions and Appendix of the Conflict–of–interest Code. Specific Purpose of the Regulation The proposed amendment adds a new disclosure cat- egory (Category 4), which lists the economic interests in any source which contracts with the Commission for the provision of goods and which must be report - ed by any designated position subject to this category.

Because the Office Technician participates in making procurement decisions on behalf of the Commission which pertain to goods only, it is necessary to add a disclosure category that is similar to Category 2 but that does not include economic interests in sources that provide services to the Commission or require disclosure of interests in real property. Proposed Changes The proposed amendment adds Category 4 to the list of disclosure categories in the conflict–of–interest code appendix.

Category 4 is identical to Category 2, with two exceptions: (1) interests in real property are not included; and (2) source type does not include ser- vices. The proposed text reads as follows: Category 4 designated positions shall report all investments, business positions in any business entity, and income, including gifts, loans, and travel payments, from any source of the type which has contracted, or in the future may contract, with the Commission to provide supplies, materials, machinery or equipment.

Necessity and Anticipated Benefits The proposed amendment is necessary to reflect the economic interests that must be disclosed by the Office Technician position, a newly designated posi - tion, as required by Government Code sections 87302 and 87306(a). TECHNICAL, THEORETICAL, AND/ OR EMPIRICAL STUDY, REPORTS, OR DOCUMENTS RELIED ON TO DEVELOP REGULATIONS Commission staff did not rely on any technical, the- oretical, or empirical studies or reports in proposing the adoption of this regulation. The Commission re - lied upon the statutes and cases cited in the authority and reference sections of the regulation.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 386 DISCLOSURES REGARDING THE PROPOSED ACTION The Commission has made the following initial determinations: Mandate on local agencies and school district: 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 non–discretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None.

Significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states: None. Significant effect on housing costs: None. Cost impacts on a representative private person or business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Results of the Economic Impact Analysis/Assessment The Commission concludes that the proposal will: (1) not create or eliminate jobs within California; (2) not create new businesses or eliminate existing busi - nesses within California; and (3) not affect the expan- sion of businesses currently doing business within California. The proposed regulations do not provide a bene ­ fit to the health and welfare of California residents, worker safety, or the environment.

Small Business Determination Because the Commission has no jurisdiction over small businesses and small businesses are not parties before the Commission, the proposed regulatory ac - tion will have no impact on small businesses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13) and California Code of Regulations, ti- tle 2,

section 18750(a)(3)(B), the Commission must de- termine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention of the Commission would be more effective in carrying out the purpose for which the action is pro- posed or would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law.

The Commission invites interested persons to pres - ent statements or arguments with respect to alterna - tives to the proposed regulations during the written comment period.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Jill Magee, Program Analyst Commission on State Mandates 980 Ninth Street, Suite 300 Sacramento, CA 95814 Telephone: (916) 323–3562 (jill.magee@csm.ca.gov) The backup contact person for these inquiries is: Heidi Palchik, Assistant Executive Director Commission on State Mandates 980 Ninth Street, Suite 300 Sacramento, CA 95814 Telephone: (916) 323–3562 (heidi.palchik@csm.ca.gov) Please direct requests for copies of the proposed text (the “express terms”) of the regulations, the ini - tial statement of reasons, the modified text of the reg - ulations, if any, or other information on which the rulemaking is based to Ms.

Jill Magee (see contact information above) or download these documents from the Commission’s website at https://csm.ca.gov/ rulemaking.php. A VAILABILITY OF STATEMENT OF REASONS, AND TEXT OF PROPOSED REGULATIONS The Commission will have the entire rulemaking file available for inspection and copying throughout the rulemaking process on the Commission’s web - site and at its office at the above address.

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, the initial statement of rea - sons, and the Commission order to initiate rulemak - ing proceedings. Copies may be obtained on the Commission’s website (see below) or by contacting Ms. Jill Magee (see contact information above). All persons on the Commission’s interested persons mailing list will be provided a copy of the rulemaking file by making it available on the Commission’s website and providing notice of how to locate it.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 387 AVAILABILITY OF CHANGED OR MODIFIED TEXT AND DOCUMENTS RELIED ON After considering all timely and relevant com - ments received, and holding a public hearing, if nec - essary, the Commission may adopt the proposed regu- lations substantially as described in this notice.

If the Commission makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text (with the changes clearly indicated) and any documents relied on available to the public for at least 15 days before the Commission adopts the regulations as revised. Please send requests for copies of any modified regulations or documents relied on to the attention of Ms. Jill Magee (see contact informa - tion above) or download them from the rulemaking page on the Commission’s website.

The Commission will accept written comments on the modified regula - tions for 15 days after the date on which they are made available. A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Intention to Amend Conflict– of–Interest Code, the Initial Statement of Reasons, and the text of the regulations in underline and strike - out can be accessed through the Commission’s website at https://csm.ca.gov/rulemaking.php. TITLE 2. COMMISSION ON STATE MANDATES DIVISION 2. FINANCIAL OPERATIONS

CHAPTER 2.5 The Commission on State Mandates (Commission) proposes to adopt the regulations described below af - ter considering all comments, objections, and recom - mendations regarding the proposed action. PUBLIC HEARING The Commission has not scheduled a public hear - ing for this proposed action.

However, if it receives a written request for a public hearing from any interest - ed person or their authorized representative no later than 15 days before the close of the written comment period, by May 9, 2022, the Commission will conduct a public hearing on this proposed action on May 27, 2022, and will notify all persons of the date, time, and location of the hearing pursuant to Government Code

section 11346.8(a). WRITTEN COMMENT PERIOD Any interested person or their authorized repre - sentative, may submit written comments relevant to the proposed regulatory action to the Commission. The comment period closes on May 23, 2022 . The Commission will only consider written comments received at the Commission offices by that time. Commenters are strongly encouraged to submit their written comments electronically, if possible (to pre - vent the spread of COVID–19), via the Commission website “dropbox” at: http://www.csm.ca.gov/dropbox. php.

Written comments may also be submitted to: Jill Magee, Program Analyst Commission on State Mandates 980 Ninth Street, Suite 300 Sacramento, CA 95814 Phone: (916) 323–3562 AUTHORITY AND REFERENCE Government Code

section 17527(

g) authorizes the Commission to adopt the proposed regulations. Reference citations: Government Code sections 11123, 11346.4, 11347, 11347.1, and 17500 et seq. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Commission is a seven–member quasi–judicial body created by the Legislature to resolve disputes regarding the existence of state–mandated local pro - grams (Government Code

section 17500 et seq.) and to hear matters involving county applications for a finding of significant financial distress (Welf. & Inst. Code, § 17000.6). The purpose of this rulemaking is to require e–filed Commission forms to be digitally signed and to gen - erally clean–up, clarify, and streamline Commission regulations and update language for consistency.

The proposed regulations: (1) require e–filed Commission forms to be digitally signed and clarify the e–filing pro- cess; (2) clarify the process for submitting late written comments when participating in a Commission meet - ing via teleconference; (3) make minor, non–substan - tive consistency edits and corrections; and (4) update reference citations. Therefore, the Commission proposes revised lan - guage and citations in Articles 1, 2, 3, 5, 6 and 7 of the California Code of Regulations, Division 2, Title 2,

Chapter 2.5 (Sections 1181.1, 1181.3, 1181.10, 1182.2, 1183.17, 1185.1, 1185.4, 1186.6, and 1187.8) with a pro- posed effective date of October 1, 2022, if no public hearing is requested or January 1, 2023, if a public hearing is requested.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 388 Anticipated Benefits of the Proposed Regulations The proposed regulations will benefit the health and welfare of California residents and worker safety by reducing the spread of COVID–19 and will benefit the environment by reducing the need for travel to the of ­ fice and paper documents.

The specific benefits antici- pated from the proposed regulations are: a simpler and more secure method for signing e–filed Commission forms; decreased exposure to and transmission of COVD–19 by using a paperless and contactless pro - cess for signing e–filed Commission forms; increased accessibility of the mandates process through clear in- structions for filing late written comments when par - ticipating in a Commission meeting via teleconfer - ence; improved readability, clarity and consistency; and a more complete and accurate listing of references.

Consistency and Compatibility with Existing State Regulations After conducting a review of existing regulations, the Commission has concluded that California Code of Regulations, title 2, sections 1181.1 et seq., are the only regulations concerning the Commission’s pro - cess. Therefore, the proposed regulations are consis - tent and compatible with existing state regulations. DESCRIPTION OF PROPOSED REGULATIONS I. Add Requirement to Digitally Sign All Electronically Filed Commission Forms and Clarify the Requirements for All Other Electronically Filed Documents in

Section 1181.3(c)(1).

Section 1181.3. Certification, Filing, and Service of Written Materials and New Filings. The proposed changes to

section 1181.3(c)(1) add the requirements in newly–added subdivision (c)(1)(

B) that a digital signature must be used when signing and e–filing a form prescribed by the Commission; that the digitally signed form must be filed separately from any accompanying documents; and that the accompa - nying documents must be filed together in a single file, unless the file size exceeds 500 megabytes, in which case the accompanying documents shall be filed in multiple volumes, in accordance with the require - ments specified in newly labeled subdivision (c)(1)(D). The proposed changes clarify in newly–added sub - division (c)(1)(

C) that all e–filed documents other than Commission forms shall continue to be filed in unlocked PDF file format, with a black–and–white scanned copy of the signed signature page, rather than a digitally signed document. II. Clarify the Process for Submitting Written Public Comments in the Case of a Teleconference Meeting.

Section 1181.10. Commission Meeting Procedures. The proposed amendments to

section 1181.10(b)(1)(

C) clarify the procedure for submitting late written com - ments, less than five days prior to a Commission meeting, when participating via teleconference.

The proposed changes add that when participating in a Commission meeting via teleconference, a PDF copy of the comments shall be filed via the Commission’s dropbox 24 hours prior to the meeting and Commission staff shall provide an electronic copy of the late–filed comments to the Commission, shall post a copy on the Commission’s website, and may share the comments with the Commission and the public during the tele - conference meeting using the “share screen” function. III. Minor, Nonsubstantive Consistency Edits and Corrections.

The proposed amendments make minor, nonsub - stantive consistency edits and improve readability in sections 1181.1, 1181.10, 1182.2, 1183.17, 1185.1, 1185.4, 1186.6, and 1187.8 of the regulations. The proposed amendments add, delete, or update word usage to make all references to the certifica - tion, filing, and service requirements under

section 1181.3 consistent throughout the regulations (change “shall file and serve” to “shall certify, file, and serve” in 1181.1(c)(2); add “which shall be certified, filed, and served” to 1181.1(c)(5); add “by certifying, fil - ing, and serving them in accordance with 1181.3 of these regulations” to 1181.10(b)(1); remove “with the Commission” from 1182.2(

b) and 1183.17(j); change “shall file” to “shall certify, file, and serve” and re - move “with the Commission” in 1185.4(b)(4); change “shall be filed with the Commission” to “shall be cer - tified, filed, and served in accordance with

section 1183.1 of these regulations” in 1186.6(b); change “fil- ing and serving” to “certifying, filing, and serving” in 1187.8(c); and change “filed and serve” to “certified, filed, and served” in 1187.8(c). The proposed amendments reletter and add new subparts to

section 1181.3(c)(1), in accordance with the substantive amendments discussed in

Section I above. The proposed amendments eliminate redundancy by deleting

section 1185.1, subdivision (h), and mov - ing the nonredundant language in subdivision (

h) to subdivision (g) (adding “and any accompanying documents”). I V. Update to Reference Citations in

Section 1181.3.

Section 1181.3. Certification, Filing, and Service of Written Materials and New Filings. The proposed amendments to the reference stat - utes for

section 1181.3 add Civil Code sections 1633.1–

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 389 1633.17 (the Uniform Electronic Transactions Act) and Government Code

section 16.5, which provide the governing statutory authority permitting the use of digital signatures in written communication with state agencies and define “digital signature” as the term ap- plies to

section 1181.3. TECHNICAL, THEORETICAL, AND/ OR EMPIRICAL STUDY, REPORTS, OR DOCUMENTS RELIED UPON TO DEVELOP REGULATIONS In developing the proposed changes, the Commission relied on the following documents: 1. State Administrative Manual Management Memo Number 20–07, California Department of General Services: https://www.dgs.ca.gov/ Resources/ManagementMemos (accessed Janu- ary 27, 2022); and 2. State Administrative Manual,

Section 1734, California Department of General Services: https://www.dgs.ca.gov/Resources/SAM/TOC/ 1700/1734 (accessed February 8, 2022). The Commission also relied upon the statutes and cases cited in the authority and reference sections for the regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Commission has made the following initial determinations: Mandate on local agencies and school district: 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 non–discretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states: None. Significant effect on housing costs: None. Cost impacts on a representative private person or business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Results of the Economic Impact Analysis/Assessment The Commission concludes that the proposal will: (1) not create or eliminate jobs within California; (2) not create new businesses or eliminate existing busi - nesses within California; and (3) not affect the expan- sion of businesses currently doing business within California. The proposed regulations will benefit the health and welfare of California residents and worker safety by reducing the spread of COVID–19 and will benefit the environment by reducing the need for travel to the of ­ fice and paper documents.

Small Business Determination Because the Commission has no jurisdiction over small businesses and small businesses are not parties before the Commission, the proposed regulatory ac - tion will have no impact on small businesses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Commission must determine that no reasonable alternative it considered or that has oth- erwise been identified and brought to the attention of the Commission would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affect - ed 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 Commission invites interested persons to pres - ent statements or arguments with respect to alterna - tives to the proposed regulations during the written comment period.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Jill Magee, Program Analyst Commission on State Mandates 980 Ninth Street, Suite 300 Sacramento, CA 95814 Telephone: (916) 323–3562 (jill.magee@csm.ca.gov) The backup contact person for these inquiries is: Heidi Palchik, Assistant Executive Director Commission on State Mandates 980 Ninth Street, Suite 300 Sacramento, CA 95814 Telephone: (916) 323–3562 (heidi.palchik@csm.ca.gov)

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 390 Please direct requests for copies of the proposed text (t he “ex pr e s s t e r m s”) of t he r eg u lat ion s , t he i n it ia l st at e- ment of reasons, the modified text of the regulations, if any, or other information on which the rulemaking is based to Ms. Jill Magee (see contact information above) or download it from the Commission’s website at http://www.csm.ca.gov/rulemaking.php.

A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND FULL TEXT OF DOCUMENTS RELIED UPON The Commission will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above ad - dress. 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, the ini - tial statement of reasons, the full text of the docu - ments relied upon, and the Commission order to initi - ate rulemaking proceedings.

Copies may be obtained on the Commission’s website (see below) or by contacting Ms. Jill Magee (see contact information above). All persons on the Commission’s interested persons mailing list will be provided a copy of the rulemaking file by making it available on the Commission’s website and providing notice of how to locate it. AVAILABILITY OF CHANGED OR MODIFIED TEXT AND DOCUMENTS RELIED UPON After considering all timely and relevant com - ments received and holding a public hearing, if nec - essary, the Commission may adopt the proposed reg - ulations substantially as described in this notice.

If the Commission makes modifications which are suf - ficiently related to the originally proposed text, it will make the modified text (with the changes clearly in - dicated) and any documents relied upon available to the public for at least 15 days before the Commission adopts the regulations as revised. Please send requests for copies of any modified regulations or documents relied upon to the attention of Ms. Jill Magee (see con- tact information above). The Commission will accept written comments on the modified regulations for 15 days after the date on which they are made available.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons and any Documents Relied Upon may be obtained by contacting Ms. Jill Magee at the address, phone number, or email address listed above. A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, the Full Text of Documents Relied Upon and the text of the regulations in un - derline and strikeout can be accessed through the Commission’s website at http://www.csm.ca.gov/ rulemaking.php. TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Senate Bill 2 Implementation Amend Commission Regulation 1015 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described below in the Informative Digest. A public hearing is not sched- uled. Pursuant to Government Code

Section 11346.8, any interested person, or his/her duly authorized rep - resentative, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period. Public Comments Due by May 23, 2022.

Notice is also given that any interested person, or authorized representative, may submit written com - ments relevant to the proposed regulatory action by fax at (916) 227–4547, by email to Michelle Weiler at michelle.weiler@post.ca.gov, or by letter to: Commission on POST Attention: Rulemaking 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)

Section 13503 (author - ity of POST), PC

Section 13506 (POST authority to adopt regulations), and PC

Section 13510 (Senate Bill 2). This proposal is intended to interpret, implement, and make specific PC

Section 13510, which authoriz - es POST to establish a certification program for peace officers in the state of California. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW On September 1, 2021, Governor Newsom signed Senate Bill (SB) 2. SB 2 made significant changes to existing Government and Penal Codes, respectively.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 391 These changes provide for additional peace officer hir- ing eligibility requirements and also grant POST the authority to certify all peace officers in California, and subsequently take action against those certifications, should POST determine serious misconduct occurred. While the peace officer eligibility hiring requirements went into effect on January 1, 2022, the remaining changes to Government and Penal Codes will go into effect on January 1, 2023.

This rulemaking action clarifies that in order to comply with the new requirements of SB 2, the Notice of Appointment/Termination (NOAT) form, POST 2–114, needs to be repealed. As reflected in a separate rulemaking action, the NOAT form will no longer be needed as it is being replaced with a new process for peace officer appointments and separations. Currently, Commission Regulation 1015 includes reference to the Notice of Appointment/Termination form, POST 2–114, which is outdated and no longer applicable.

The proposed amendments to Commission Regu- lation 1015 in this rulemaking action will update regu- latory language to accurately reflect the current prac - tice of submitting a notice of appointment via the Electronic Data Interchange. Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed regulato - ry amendments will add clarity and align the regula - tion with the new requirements of Penal Code

Section 13510, per SB 2, which will increase efficiency for the state of California in delivering services to stakehold - ers. Thus, the law enforcement standards are main - tained and effective in preserving the peace, protec - tion of public health, safety, and welfare of California. The proposed amendments will have no impact on worker safety or the state’s environment. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend - ments are not inconsistent nor incompatible with ex - isting regulations.

After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regula - tions that concern processes and procedures for peace officer eligibility in the state. FORMS INCORPORATED BY REFERENCE Notice of Appointment/Termination, POST 2–114 (08/2016) DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None.

Costs to any local agency or school district which must be reimbursed in accordance with Government Code Sections 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None. Cost impacts on a representative private persons or business: POST is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro - posed action.

Significant, statewide adverse economic impact di - rectly affecting California businesses: POST has de - termined that the proposed regulations will not have a significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states. Significant effect on housing costs: None. Small Business Determination: POST has deter - mined that the proposed regulations will not affect small business because the regulations only affect state agencies that are adopting, amending or repeal - ing regulations.

Additionally, the Commission’s main function to select and maintain training standards for law enforcement has no effect financially on small businesses. RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create nor eliminate jobs in the state of California, (2) unlikely that the proposal will create nor eliminate any businesses, and (3) unlikely that the proposed reg- ulations will result in the expansion of businesses cur- rently doing business within the state.

Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Overview, the benefits of the regulation will increase the efficiency of the state of California in delivering services to stakeholders by providing clarity to the certificate eligibility requirements for peace officers, public safety dispatchers and records supervisors. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare in California. There would

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 392 be no impact that would affect worker safety or the State’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5, subdivision (a)(13), POST must determine that no reasonable alternative it considered, or that has otherwise 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 ef - fective as and less burdensome to affected private per- sons than the proposed action, or would be more cost– effective to affected private persons and equally effec- tive in implementing the statutory policy or other pro- vision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory ac - tion may be directed to Michelle Weiler, Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630, at (916) 227–4870. General questions regarding the regulatory process may be directed to Katie Strickland at (916) 227–2802.

TEXT OF PROPOSAL Individuals may request copies of the proposed text (the “express terms”) of the regulations, the initial statement of reasons, the modified text of the regu - lations, if any, or other information upon which the rulemaking is based to, the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630. These documents are also lo - cated on the POST Website at https://post.ca.gov/ Regulatory–Actions.

ADOPTION OF PROPOSED REGULATIONS/ AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commission may adopt the proposal substantially as set forth without further notice, or the Commission may modify the proposal if such modifications re - main sufficiently related to the text as described in the Informative Digest.

If the Commission makes chang - es to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period and to all persons who request notification from POST of the availabil - ity of such changes. A request for the modified text should be addressed to the agency official designat - ed in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.

AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is avail - able for public inspection by contacting the person(

s) named above. 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 initial statement of reasons. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. TITLE 13. DEPARTMENT OF MOTOR VEHICLES The Department of Motor Vehicles (department) proposes to amend

Section 26.03 in

Article 2.1,

Chapter 1, Division 1, Title 13 of the California Code of Regulations, related to entry level driver training for commercial driver’s license applicants. PUBLIC HEARING A public hearing regarding this proposed regulato - ry action is not scheduled. However, a public hearing will be held if any interested person or their duly au - thorized representative requests a public hearing to be held relevant to the proposed action by submitting a written request to the contact person identified in this notice no later than fifteen (15) days prior to the close of the written comment period.

DEADLINE FOR WRITTEN COMMENTS Any interested party or his or her duly authorized representative may submit written comments relevant to the proposed regulations to the contact person iden- tified in this notice. All written comments must be re - ceived at the department no later than May 23, 2022, the final day of the written comment period, in order for them to be considered by the department before it adopts the proposed regulation.

AUTHORITY AND REFERENCE The department proposes to adopt these regulations under the authority granted by Vehicle Code sections 1651 and 15250.1, in order to implement, interpret, or make specific Vehicle Code

section 15250.1 and Parts 380, 383, 384, Title 49, Code of Federal Regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 393 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Subpart F of

Part 380, Title 49 of the Code of Federal Regulations, requires specified commercial driver’s li- cense applicants to fulfill entry–level driver training requirements.

Section 380.605 in Title 49 defines an entry–level driver as an individual who must complete the commercial driver’s license skills test prior to re - ceiving a commercial driver’s license for the first time, a person who is upgrading to a Class A or Class B commercial driver’s license, or a person who is ob - taining a hazardous materials, passenger, or school bus endorsement for the first time. Senate Bill (SB) 1236 (Chapter 984; Statutes of 2018) adopted Vehicle Code

section 15250.1, requir - ing the department to adopt regulations related to the entry–level driver training requirements for drivers of commercial motor vehicles to ensure compliance with Parts 380, 383, and 384 Title 49, Code of Federal Regulations. In addition, an applicant for a class A or B commercial driver license is required to complete a minimum of 15 hours behind the wheel training. In July 2020, the department adopted

Section 26.03 to establish the federal rule requiring a commer - cial driver’s license applicant receive driver train - ing administered by a provider listed on the Training Provider Registry maintained by the Federal Motor Carrier Safety Administration.

Section 26.03 also ad - opted the provisions of SB 1236 requiring a commer - cial driver’s license applicant to submit proof that they have completed behind the wheel training. To assist the applicant with providing proof of training, the de - partment adopted the Commercial Driver Behind the Wheel Training Certification, form DL 1236. The requirements adopted in

Section 26.03 are ef - fective in February 2022. ANTICIPATED BENEFITS OF THE PROPOSED REGULATION The department anticipates this proposed amend - ment will promote fairness to commercial driver’s li - cense applicants who take behind the wheel training and the skills test outside of California. The modifica- tion to the form DL 1236 will allow those applicants to complete behind the wheel training and take the skills test in another state without having to first return to California to submit the form DL 1236.

CONSISTENCY AND COMPATIBILITY WITH STATE REGULATIONS The department has conducted a review of other state regulations and has concluded that these are the only regulations related to the application requirements for commercial driver’s license applicants. Therefore, the proposed regulations are neither inconsistent nor in - compatible with existing state regulations.

COMPARABLE FEDERAL STATUTES OR STATE REGULATIONS There are no existing federal statues or regulations that govern the method by which a commercial driv - er’s license applicant provides the department with proof that entry level driver training requirements have been met.

DOCUMENTS INCORPORATED BY REFERENCE The following form is incorporated by reference: ● California Commercial Driver Behind the Wheel Training Certification, form DL 1236 The form DL 1236 will not be published in the California Code of Regulations because it would be impractical and cumbersome to do so; however, the documents are readily available to interested parties by contacting the department representative identified below.

ECONOMIC AND FISCAL IMPACT DETER MI NATIONS The department has made the following initial de - terminations concerning the proposed regulatory action: ● Cost or Savings to Any State Agency: None. ● Other Non–Discretionary Cost or Savings to Local Agencies: None. ● Costs or Savings in Federal Funding to the State: None. ● Effects on Housing Costs: None. ● Cost to any local agency or school district re ­ quiring reimbursement pursuant to Gov. Code

section 17500 et seq.: None. ● Cost Impact on Representative Private Persons or Businesses: None. There is no cost related to the proposed regulation. The rule allows the ad - opted form to be submitted prior to the issuance of a commercial driver’s license rather than pri - or to the skills test being administered. The re - vised process does not impose a cost on private persons, nor does the revision impact businesses. ● Small Business Impact: This proposed action will not impact small businesses.

The rule allows the adopted form to be submitted prior to the issu - ance of a commercial driver’s license rather than prior to the skills test being administered. There is no impact on a small business.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 394 ● Local Agency/School District Mandate: The pro- posed regulatory action will not impose a man - date on local agencies or school districts, or a mandate that requires reimbursement pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. ● Significant statewide adverse economic impact directly affecting businesses, including the abil ­ ity of California businesses to compete with busi­ nesses in other states : The department has made the initial determination that this action will not have a significant statewide adverse economic impact directly affecting business nor will it im - pact the ability of California businesses to com - pete with businesses in other states. This pro - posed rule impacts individuals, not businesses.

RESULTS OF THE ECONOMIC IMPACT STATEMENT The department has made the following determina - tions when assessing the economic impact associated with this proposed regulation: This proposed action is unlikely to 1) create or elim- inate jobs within the State of California; 2) create or eliminate businesses within the State of California; or 3) expand businesses currently doing business in the State of California.

This action will benefit worker safety and the health, welfare, and safety of California residents by ensur - ing applicants issued a commercial driver’s license in California have received sufficient behind–the–wheel training and demonstrate their knowledge and ability as it relates to the safe operation of a commercial mo - tor vehicle. This proposed action is unlikely to benefit the state’s environment. PUBLIC DISCUSSIONS OF PROPOSED REGULATIONS A pre–notice workshop, pursuant to Government Code

section 11346.45, is not required because the is- sues addressed in the proposal are not so complex or large in number that they cannot easily be reviewed during the comment period.

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

CONTACT PERSON Any inquiries or comments concerning the pro - posed rulemaking action may be addressed to: Randi Calkins, Regulations Analyst Department of Motor Vehicles Legal Affairs Division P.O.

Box 932382, MS C–244 Sacramento, CA 94232–3820 Any inquiries or comments concerning the pro - posed rulemaking action requiring more immediate response may use: Telephone: (916) 657–8898 Facsimile: (916) 657–6243 E–Mail: LADRegulations@dmv.ca.gov In the event the contact person is unavailable, in - quiries should be directed to the following back–up person: Shelly Johnson Marker, Chief of Staff Department of Motor Vehicles Telephone: (916) 657–6469 A VAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The department has prepared an Initial Statement of Reasons for the proposed regulatory action and has available all the information upon which the propos - al is based.

The contact person identified in this no - tice shall make available to the public upon request the Express Terms of the proposed regulatory action using underline or italics to indicate additions to, and strike- out to indicate deletions from the California Code of Regulations. The contact person identified in this notice shall also make available to the public, upon re - quest, the Final Statement of Reasons and the loca - tion of public records, including reports, documen - tation and other materials related to the proposed action.

In addition, the above–cited materials (the Notice of Proposed Regulatory Action, the Initial Statement of Reasons, and Express Terms) may be accessed at https://www.dmv.ca.gov/portal/about– the–california–department–of–motor–vehicles/ california–dmv–rulemaking–actions/ .

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 395 A VAILABILITY OF MODIFIED TEXT Following the written comment period, and the hearing if one is held, the department may adopt the proposed regulations substantially as described in this notice. If modifications are made which are sufficiently related to the originally proposed text, the fully modi- fied text, with changes clearly indicated, shall be made available to the public for at least 15 days prior to the date on which the department adopts the resulting reg- ulations.

Request for copies of any modified regula - tions should be addressed to the department contact person identified in this notice. The department will accept written comments on the modified regulations for 15 days after the date on which they are first made available to the public. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabilitation (CDCR or department), proposes to adopt new sections 3486, 3486.1, 3486.2 and 3486.3 of Title 15, Division 3,

Chapter 1, regarding Staff Misconduct Allegations. PUBLIC COMMENT PERIOD The public comment period begins April 8, 2022 and closes on May 24, 2022. 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 reg - ulations, call the program contact person listed below. No public hearing is scheduled for these proposed regulations; however, pursuant to Government Code

Section 11346.8, any interested person or their duly authorized representative may request a public hear - ing, no later than 15 days prior to the close of the writ- ten comment period. CONTACT PERSONS Primary Contact Josh Jugum Telephone: (916) 445–2266 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 Sandra Alfaro Office of Internal Affairs Telephone: (916) 956–9291 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 provides that commencing July 1, 2005, any reference to the Director of Corrections in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of 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, cus - tody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC

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

Section 5058 a u t h o r i z e s t h e D i r e c t o r t o p r e- scribe and amend rules and regulations for the admin- istration of prisons and for the administration of the parole of persons. Penal Code

section 5058.4(

a) requires the Secretary of the California Department of Corrections and Rehabilitation to implement a disciplinary matrix identifying misconduct categories and penalty rang - es applicable to all employees, taking into account aggravating and mitigating factors for establishing a just and proper penalty, as required by the California Supreme Court in Skelly v. State Personnel Board (1975) 15 Cal.3d 194.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 396 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW In this regulatory action, the Secretary proposes to restructure the staff misconduct process for allega - tions involving an incarcerated person or parolee. The 2019 Budget Act provided funding and posi - tions to establish the Allegation Inquiry Management

Section (AIMS) within CDCR’s Office of Internal Affairs (OIA). The purpose of AIMS was to support the grievance and appeals process by providing inde - pendent, objective inquiries into incarcerated individ - ual and parolee grievances alleging staff misconduct toward the incarcerated population or parolees and provide a fact–based report to the institutional Hiring Authority for an appropriate decision.

Beginning in September 2020, CDCR was direct - ed to comply with expanded Armstrong Court Orders, which included the following directives at one prison, and was later expanded to five additional adult institu- tions: expanding the responsibility of AIMS to incor - porate allegations received outside the grievance pro - cess, including those received from a third–party (such as Plaintiff’s advocacy letters); allegations of discrimi- nation against class members based on disability; and allegations of retaliation against class members for use of the grievance process.

This emergency rulemaking action implements, in part, a remedial plan adopted by CDCR as directed by court order issued in Armstrong et al. v. Newsom et al., United States District Court for the Northern District of California, Court Case number 94–cv–02307 CW on September 8, 2020 (Order). This Order requires CDCR to implement remedial measures to achieve compliance with the Armstrong Remedial Plan and the Americans with Disabilities Act at the Richard J. Donovan Correctional Facility.

As part of its remedial plan to comply with the or - der, CDCR agreed to promulgate emergency regula - tions that are anticipated to be phased in beginning January 1, 2022, that will establish the organizational changes regarding the processing of staff misconduct allegations toward an incarcerated person or parolee.

CDCR is also amending its staff misconduct pro - cesses statewide, to include: eliminating time con - straints for filing a complaint and conducting investi - gations into all allegations of excessive, unnecessary, or unreported Use of Force (UOF) and alleged staff vi- olations of the Prison Rape Elimination Act (PREA); eliminating time constraints for all allegations of staff misconduct; and expanding the types of allegations that will be routed to OIA for investigation.

These commitments will transfer the investigative responsi - bility of UOF and PREA allegations to OIA, as well as increase the amount of staff allegation investigations completed by OIA. CDCR determined these steps to be necessary ac - tions in response to several concerns expressed by the Office of Inspector General (OIG) in their February 2021 Report, by the Legislature, and by the court in the expanded Armstrong Orders.

Overall, the con - cerns expressed were in regard to the existing staff complaint process, including institutional reviewer bias; inadequate training for reviewers; inadequate in- vestigations due to investigators not following sound practices in interviewing, collecting evidence, and re - port writing; poor effort to identify and interview staff and inmate witnesses; fidelity of the process related to claimant notifications of delay/closure; and evidence of timely corrective or adverse action.

In addition, the OIG report and Armstrong Court criticized the existing process due to claims being returned to or remaining at the institution as a su - pervisory issue as opposed to undergoing an objec - tive third–party review; low referral rates from insti - tution Hiring Authorities to the OIA Central Intake Unit (CIU); termination of AIMS inquiries when rea - sonable belief is attained; and the inability for CDCR to effectively oversee the entire process and evaluate trends due to insufficient tracking tools and data relat- ed to allegations of staff misconduct.

In an effort to remove local bias from institutions when screening complaints for staff misconduct, CDCR proposes to establish the Centralized Screening Team (CST) as a new unit within the OIA. The CST will act as an initial reviewer of incarcerated person, parolee, and/or third–party complaints received state - wide, and determine if the complaints contain any al - legations of staff misconduct. Not only will the CST provide an unbiased review of complaints received statewide, but create a system of record for each issue reviewed, and refer all staff misconduct allegations for further action.

OIA ’s AIMS Unit will be bound by the determina - tion of the CST, as AIMS will ensure all allegations referred by the CST have an investigation conduct - ed. AIMS previously only inquired into allegations of staff misconduct which were identified by local in - stitution staff within the existing CDCR Form 602–1 custody grievance process. The CDCR’s Office of Legal Affairs, Employee Advocacy and Prosecution Team (EAPT), which was established in 2005 to implement the Vertical Advocacy (VA) Model in compliance with the Madrid Court Post Powers Remedial Plan, will further sup - port this effort.

The EAPT will continue to designate and assign Staff Attorneys to provide legal support and guidance to CDCR throughout the investigation and disciplinary processes, including any litigation before the State Personnel Board and appellate courts for serious and complex cases. The Madrid Court Orders, along with Penal Code and Government Code

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 397 sections, require CDCR to maintain public confidence in its ability to properly investigate and adjudicate complaints and allegations of staff misconduct, while maintaining the rights of employees and the public. Policy Statement Overview (Government Code

section 11346.5(a)(3)(C)) This rulemaking action will: ● Amend CDCR’s staff misconduct processes state- wide, to include: eliminating time constraints and conducting investigations into all allega - tions of excessive, unnecessary, or unreported Use of Force (UOF) and alleged staff violations of PREA; eliminating time constraints for all al - legations of staff misconduct; and expanding the types of allegations that will be routed to AIU for investigation.

These commitments will trans - fer the investigative responsibility for UOF and PREA allegations to AIU, as well as increase the amount of staff allegation investigations complet- ed by AIU. ● Establish the CST as a new unit within the OIA. The CST will act as an initial reviewer of incarcer- ated person, parolee, and third–party complaints received statewide, to determine if the complaints contain any allegations of staff misconduct. ● Establish the AIU as a new unit within the OIA. The AIU will conduct investigations into alle - gations of staff misconduct referred to them by the CST.

Previously, AIMS only conducted alle - gation inquiries into all allegations of staff mis - conduct towards an incarcerated person or parol - ee received via CDCR Form 602–1 Grievance, and then only for staff misconduct allegations that were filed timely by an offender through the grievance process and referred to AIMS by a hiring authority.

Under this new process, AIMS will conduct allegation inquires until AIU is ful - ly implemented through the phased implemen - tation timeframes set forth in the regulation, at which time AIU will be conducting full investi - gations into staff misconduct allegations toward incarcerated persons or parolees set forth in the Allegation Decision Index (ADI). ● Add trained special agents to the AIU and in - crease staffing levels to handle the anticipated in- crease in workload. ● Continue to designate and assign EAPT Staff Attorneys to provide legal support and guidance to CDCR throughout the investigation and disci - plinary processes for designated cases.

DOCUMENTS INCORPORATED BY REFERENCE CDCR Form 602–1 (Rev. 01/22), Grievance CDCR 602 HC (Rev. 10/18), Health Care Grievance CDCR 1824 (Rev. 09/17), Reasonable Accommo da- tion Request Allegation Decision Index Investigation Assignment Index (01/22) SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS These regulations will significantly improve the de- partment’s handling of staff misconduct allegations involving an incarcerated person or parolee, which in turn will improve departmental transparency, integri - ty, and staff accountability.

These regulations will also bring CDCR into com - pliance with expanded Armstrong Court Orders that call for reforms to the department’s staff complaint, investigation, and discipline processes to ensure that CDCR completes unbiased, comprehensive investiga- tions into all allegations of staff misconduct for class members under the Armstrong Remedial Plan and the Americans with Disabilities Act.

Although the court order initially applied to one institution, which was then expanded to five others, class members are housed at every prison and parole region throughout the State, making the regulations apply to all incarcer- ated persons and parolees. To have separate staff mis- conduct processes would lead to disparate treatment of CDCR’s diverse population and would likely result in further intervention by the Courts. The proposed regulations will not affect worker safety or the state’s environment.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING LAWS AND 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 regula - tions that would relate to or affect this area, the depart- ment has concluded that these are the only regulations which concern staff misconduct allegations.

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: $5.4 million budgeted cost in fiscal year 21–22, $39 million

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 398 budgeted cost in fiscal year 22–23 and beyond (estimated) ● 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 with- in California, or effect the expansion of businesses currently doing business in California. The depart - ment has determined that the proposed regulation will have no effect on worker safety or the state’s environ- ment.

These regulations may benefit the welfare of California residents by allowing inmates and parolees to have their allegations of staff misconduct adjudicat- ed in an unbiased and timely manner.

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 carry - ing out the purpose for which the action is proposed, would be as effective and less burdensome to affect - ed private persons than the proposed regulatory ac - tion, or would be more cost–effective to affected pri - vate persons and equally effective in implementing the statutory policy or other provisions of law.

Interested persons are invited to present statements or argu - ments with respect to any alternatives to the changes proposed during the written comment period or at a scheduled hearing should one be scheduled. A VAILABILITY 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. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final Statement of Reasons may be obtained from the de - partment’s contact person.

A VAILABILITY 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 suffi - ciently related to the originally proposed text, it will make the modified text, with the changes clearly indi- cated, available to the public for at least 15 days before the department adopts, amends or repeals the regula - tions as revised. Requests for copies of any modified regulation text should be directed to the contact per - son indicated in this Notice.

The department will ac - cept written comments on the modified regulations for at least 15 days after the date on which they are made available.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 399

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH THE SECRETARY OF STATE This

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. California Pollution Control Financing Authority File # 2022–0316–03 CA Pollution Control Financing Authority Tax– Exempt Bond Program The Pollution Control Financing Authority (Auth - ority) amends its regulation in this deemed emergen - cy action, pursuant to Health and Safety Code

section 44520(b). The amendment allows the Authority to as- sist applicants in paying for the Authority’s costs as - sociated with a post–issuance request to amend bond documents to reflect an index rate change.

Title 04 Amend: 8043 Filed 03/28/2022 Effective 03/28/2022 Agency Contact: Deanna Hamelin (916) 657–4337 Board of Parole Hearings File # 2022–0317–01 Proceedings Conducted In Person and By Videoconference This emergency rulemaking action by the Board of Parole Hearings readopts, with modifications, reg - ulations originally adopted in emergency action No. 2021–0917–01, that establish procedures for conduct- ing parole hearings and other proceedings by video - conference pursuant to Penal Code

section 3041.6. Title 15 Adopt: 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064 Filed 03/28/2022 Effective 03/28/2022 Agency Contact: Mina Y.

Choi (916) 322–6729 Department of Cannabis Control File # 2022–0317–02 Medicinal and Adult–Use Commercial Cannabis Regulations Assembly Bill 141 (Stats. 2021, Ch. 70) consolidated the three former cannabis licensing programs within the Bureau of Cannabis Control, Department of Food & Agriculture, and Department of Public Health into a single new department within the Business, Consumer Services, and Housing Agency called the Department of Cannabis Control (DCC).

This action is a readop - tion of emergency rulemaking action no. 2021–0915– 01E, which was adopted by DCC to consolidate, clarify and make consistent licensing and enforcement crite - ria for all commercial cannabis businesses, includ - ing cultivators, manufacturers, distributors, retailers, microbusinesses, testing laboratories, and temporary cannabis events.

The emergency regulations being re- adopted also inform applicants for licensure of the ap- plicable meaning of key statutory terms, identify doc - uments and supplemental information required in an application for licensure, and provide specific terms, prohibitions, and conditions for compliance with the Medicinal and Adult–Use Cannabis Regulatory and Safety Act (MAUCRSA). This action is a deemed emergency pursuant to Business and Professions Code sections 26013(b)(3) and 26153.1(k).

Title 04 Adopt: 15000.1, 15000.2, 15000.3, 15000.4, 15000.5, 15000.6, 15000.7, 15001.1, 15001.2, 15001.3, 15001.4, 15002.1, 15041.2, 15041.3, 15041.4, 15041.5, 15041.6, 15041.7, 15042.1, 15047.1, 15047.2, 15048.1, 15048.2, 15048.3, 15048.4, 15048.5, 15049.1, 15049.2, 16307, 16308, 16309, 16310, 16311, 17202.1, 17211.1, 17217, 17218, 17219, 17220, 17221, 17227, 17398, 17399, 17400, 17800, 17801, 17801.1, 17801.5, 17802, 17803, 17804, 17805, 17806, 17807, 17808, 17809, 17810, 17813, 17814, 17815, 17816, 17817, 17900, 17901, 17902, 17903, 17904, 17905 Amend: 15000, 15001, 15002, 15003, 15004, 15005, 15006, 15007, 15010, 15011, 15012, 15013, 15014, 15015, 15017, 15018, 15020, 15021, 15023, 15024, 15024.1, 15025, 15027, 15034, 15035, 15036, 15037, 15038, 15040, 15040.1, 15041.1, 15042, 15043, 15044, 15045, 15046, 15047, 15048, 15049, 15050, 15051, 15052.1, 15300, 15302, 15303, 15304, 15305, 15306, 15307, 15308, 15309, 15312, 15313, 15314, 15315, 15402, 15405, 15406, 15407, 15408, 15410, 15411, 15413, 15414, 15418, 15420, 15427, 15500, 15600, 15601, 15602, 15604, 15700, 15702, 15703, 15704, 15705, 15706, 15709, 15710, 15711, 15713, 15714, 15717, 15718, 15719, 15720, 15721, 15722, 15723, 15724, 15725, 15726, 15727, 15728, 15729, 15730, 15731, 15732, 15733,

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 400 15734, 15735, 15736, 15737, 15738, 16201, 16202, 16209, 16300, 16301, 16302, 16303, 16304, 16305, 16306, 17006, 17009, 17117, 17124, 17126, 17127, 17128, 17203, 17204, 17205, 17206, 17207, 17208, 17209, 17210, 17211, 17212, 17213, 17214, 17215, 17216, 17223, 17225, 17226, 17300, 17301, 17302, 17303, 17304, 17305, 17401, 17402, 17403, 17404, 17405, 17406, 17407, 17408, 17409, 17410, 17411, 17412 Repeal: 15007.2, 15008, 15010.1, 15010.2, 15010.3, 15022, 15026, 15028, 15030, 15031, 15032, 15033, 15052, 15053, 15054, 15310, 15426, 15501, 15502, 15503, 15504, 15505, 15506, 15506.1, 15507, 15715, 15739, 15800, 15801, 15802, 15803, 15804, 15805, 15806, 15807, 15808, 15809, 15810, 15811, 15812, 15813, 15814, 15815, 15900, 15901, 15902, 15903, 15904, 15905, 16100, 16101, 16102, 16103, 16104, 16105, 16106, 16107, 16108, 16109, 16110, 16112, 16113, 16114, 16115, 16200, 16203, 16204, 16205, 16206, 16207, 16208, 16210, 16211, 16212, 16213, 16214, 16215, 16216, 16308, 16400, 16401, 16402, 16403, 16404, 16405, 16406, 16408, 16409, 16500, 16501, 16600, 16601, 16602, 16603, 16604, 16605, 16606, 16607, 16608, 16609, 17000, 17001, 17002, 17003, 17004, 17005, 17100, 17101, 17102, 17103, 17104, 17105, 17106, 17107, 17108, 17109, 17110, 17111, 17113, 17114, 17115, 17116, 17118, 17119, 17120, 17121, 17122, 17123, 17125, 17200, 17201, 17202, 17217, 17218, 17219, 17220, 17221, 17222, 17224, 17400, 17500, 17501, 17502, 17503, 17504, 17505, 17506, 17507, 17508, 17509, 17510 Filed 03/28/2022 Effective 03/28/2022 Agency Contact: Kaila Fayne (916) 251–4544 Department of Corrections and Rehabilitation File # 2022–0318–02 Inmate Credit Earning In this action, the Department of Corrections and Rehabilitation readopts without change emergency amendments to regulations concerning inmate cred - it earning.

Title 15 Amend: 3043, 3043.2, 3043.3, 3043.4, 3043.5, 3043.6, 3044, 3044.1, 3044.2, 3045, 3045.1, 3046.1 Repeal: 3043.7 Filed 03/28/2022 Effective 03/29/2022 Agency Contact: Josh Jugum (916) 445–2266 California State University File # 2022–0301–02 Proposed Name Change for Humboldt This action by the Board of Trustees of the California State University, submitted to OAL for courtesy fil - ing with the Secretary of State and for printing in the California Code of Regulations, adds California State Polytechnic University, Humboldt, to the list of uni - versities that are authorized to emphasize certain ap - plied fields, as specified.

This action is exempt from the Administrative Procedure Act and takes effect upon filing with the Secretary of State under Education Code sections 89030 and 89030.1, respectively. Title 05 Amend: 40051 Filed 03/23/2022 Effective 03/23/2022 Agency Contact: Jason Taylor (562) 951–4500 Department of Alcoholic Beverage Control File # 2022–0214–01 Caterer’s Permits This change without regulatory effect amends the maximum allowable number of events per calendar year for which a catering authorization to sell alco - holic beverages may be issued for a single premises.

This amendment aligns the regulation with statutory changes made by SB 314 (Stats. 2021, Ch. 656). Title 04 Amend: 60.5 Filed 03/28/2022 Agency Contact: Robert de Ruyter (916) 419–8958 Department of Fish and Wildlife File # 2022–0304–01 Revise forms DFW 858 & 859, incorp. by reference. SHARE program As changes without regulatory effect, the Depart - ment of Fish and Wildlife (the “Department”) is amending the Shared Habitat Alliance for Recreational Enhancement (“SHARE”) Program application and waiver to do the following: (1) update the Department’s name in accordance with Fish and Game Code

section 700; (2) change the address where individuals are re - quired to send their application and waiver to; (3) up - date the fax number where individuals may send their application and waiver to; and (4) delete a redundant word. Title 14 Amend: 602 Filed 03/30/2022 Agency Contact: Mike Randall (916) 902–9109 Contractors State License Board File # 2021–1018–01 C–49 Tree and Palm Contractor In this regular rulemaking action, the Board amends a regulation to add C–49 Tree and Palm as a subclas - sification among a list of classified specialty contrac -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 401 tors. The Board further adopts a regulation to define this new subclassification.

Title 16 Adopt: 832.49 Amend: 832 Filed 03/30/2022 Effective 01/01/2024 Agency Contact: Betsy Figueria ( 916) 255–3369 Dental Hygiene Board of California File # 2022–0216–05 Required Curriculum The Dental Hygiene Board of California (Board) in this action is providing a process to review out– of–state education in soft tissue curettage, local an - esthesia, and nitrous oxide–oxygen analgesia (SLN) of applicants educated out–of–state to ensure compli - ance with California requirements.

This action will also provide a means for out–of–state educated stu- dents to seek certification that they have met the state SLN requirements Additionally, the Board will re - quire approved out–of–state courses to submit a bien - nial report. Further, this action adopts provisions gov- erning radiation safety and radiography techniques instruction.

Title 16 Amend: 1105.2 Filed 03/30/2022 Effective 07/01/2022 Agency Contact: A dina Pineschi–Petty ( 916) 516–5537 Department of Food and Agriculture File # 2021–1215–03 Commercial Feed This rulemaking by the Department of Food and Agriculture makes changes to Commercial Feed Regulatory Program intended to promote and incen - tivize safe human food by–product diversion to com - mercial feed.

Title 03 Adopt: 2675.1, 2804 Amend: 2675, 2750, 2751, 2789, 2802 Filed 03/29/2022 Effective 03/29/2022 Agency Contact: Erika Lewis ( 916) 576–0201 Department of Public Health File # 2022–0216–01 Compatibility Maintenance with NRC Regulations In this regular rulemaking, the Department of Public Health is amending regulations to (1) address radio - active material in accordance with the United States Nuclear Regulatory Commission’s regulatory amend - ments in the Code of Federal Regulations; and (2) al - low users of radiation machines for shielded–room ra- diography and field radiography to optionally supply equipment operators personnel dosimeters that do not require processing to determine the occupational radi- ation dose under specified conditions.

Title 17 Amend: 30194, 30195, 30195.2, 30196, 30220, 30253, 30333.2, 30336, 30348.3, 30373, 30393, 30394, 30395 Filed 03/30/2022 Effective 07/01/2022 Agency Contact: Veronica Rollin ( 916) 445–2529 Secretary of State File # 2022–0225–03 California Business Connect Related Regulation In this regular rulemaking, the Secretary of State is adopting regulations to transition from several paper– driven Business Entity Names, Business Programs, and Uniform Commercial Code filing processes to on- line filing functionalities.

Title 02 Adopt: 21902.5 Amend: 21005, 21903, 21904, 21905, 22601.5 Repeal: 21905.5 Filed 03/30/2022 Effective 04/07/2022 Agency Contact: Lauro Feliciano ( 916) 695–1290 Department of Veterans Affairs File # 2022–0216–06 Third Party Property Use This action by the Department of Veterans Affairs specifies requirements and procedures for leases, lets, licenses, and grant easements for third–party use of Veterans Homes’ property.

Title 12 Adopt: 501.5 Filed 03/29/2022 Effective 07/01/2022 Agency Contact: Phil McAllister ( 916) 653–1961 CCR CHANGES FILED WITH THE SECRETARY OF STATE WITHIN January 1, 2022 to March 31, 2022 All regulatory actions filed by OAL during this peri- od are listed below by California Code of Regulations titles, then by date filed with the Secretary of State, with the Manual of Policies and Procedures changes adopted by the Department of Social Services listed last. For further information on a particular file, con -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 402 tact the person listed in the

Summary of Regulatory Actions

section of the Notice Register published on the first Friday more than nine days after the date filed.

Title 02 01/27/2022 A DOPT: 547.60.2 01/11/2022 A MEND: 11087, 11094, 11095, 11097 01/26/2022 A MEND: 19092, 19094, 19097, 20021, 20023, 20025, 20026, 20027 03/15/2022 A DOPT: 20910, 20920, 20930, 20931, 20940, 20941, 20942, 20950, 20960, 20961, 20962, 20970, 20980, 20981, 20982, 20983, 20984, 20985, 20990, 20991, 20992, and 20993 02/22/2022 A DOPT: 20180, 20181 03/30/2022 A DOPT: 21902.5 AMEND: 21005, 21903, 21904, 21905, 22601.5 REPEAL: 21905.5 03/21/2022 A DOPT: 1860.5.1, 1860.5.2 AMEND: 1860, 1860.2, 1860.3, 1860.4, 1860.5, 1860.6, 1860.7, 1860.8, 1860.9, 1860.10, 1860.10.1, 1860.10.2, 1860.10.3, 1860.11, 1860.12, 1860.13, 1860.15, 1860.16, 1860.18, 1860.19, 1860.20, 1860.21 Title 03 01/04/2022 A MEND: 3591.2 03/29/2022 A DOPT: 2675.1, 2804 AMEND: 2675, 2750, 2751, 2789, 2802 02/23/2022 A DOPT: 2306 AMEND: 2300.1, 2304, 2308, 2322 REPEAL: 2306 01/27/2022 A DOPT: 3288 Title 04 03/16/2022 A MEND: 280 01/11/2022 A MEND: 12006, 12052, 12057, 12060, 12118 01/12/2022 A MEND: 12112 02/08/2022 A MEND: 12002, 12006, 12012, 12015, 12035, 12052, 12054, 12056, 12057, 12060, 12066, 12134 03/01/2022 A MEND: 4800, 4802 03/09/2022 A MEND: 7313, 7316 03/08/2022 A DOPT: 15037.1, 15037.2 03/15/2022 A MEND: 1652 03/28/2022 A MEND: 60.5 03/17/2022 A DOPT: 10091.4, 10091.16 AMEND: 10091.1, 10091.2, 10091.3, 10091.4 [renum - bered as 10091.5], 10091.5 [renumbered as 10091.6], 10091.6 [renumbered as 10091.7], 10091.8, 10091.9, 10091.10, 10091.11, 10091.12, 10091.13, 10091.14, 10091.15 REPEAL: 10091.7 03/17/2022 A MEND: 10200.1, 10200.3 03/17/2022 A MEND: 10193, 10195 03/21/2022 A DOPT: 10200.8, 10200.9, 10200.10, 10200.11, 10200.12, 10200.13, 10200.14, 10200.15 03/28/2022 A MEND: 8043 03/28/2022 A DOPT: 15000.1, 15000.2, 15000.3, 15000.4, 15000.5, 15000.6, 15000.7, 15001.1, 15001.2, 15001.3, 15001.4, 15002.1, 15041.2, 15041.3, 15041.4, 15041.5, 15041.6, 15041.7, 15042.1, 15047.1, 15047.2, 15048.1, 15048.2, 15048.3, 15048.4, 15048.5, 15049.1, 15049.2, 16307, 16308, 16309, 16310, 16311, 17202.1, 17211.1, 17217, 17218, 17219, 17220, 17221, 17227, 17398, 17399, 17400, 17800, 17801, 17801.1, 17801.5, 17802, 17803, 17804, 17805, 17806, 17807, 17808, 17809, 17810, 17813, 17814, 17815, 17816, 17817, 17900, 17901, 17902, 17903, 17904, 17905 AMEND: 15000, 15001, 15002, 15003, 15004, 15005, 15006, 15007, 15010, 15011, 15012, 15013, 15014, 15015, 15017, 15018, 15020, 15021, 15023, 15024, 15024.1, 15025, 15027, 15034, 15035, 15036, 15037, 15038, 15040, 15040.1, 15041.1, 15042, 15043, 15044, 15045, 15046, 15047, 15048, 15049, 15050, 15051, 15052.1, 15300, 15302, 15303, 15304, 15305, 15306, 15307, 15308, 15309, 15312, 15313, 15314, 15315, 15402, 15405, 15406, 15407, 15408, 15410, 15411, 15413, 15414, 15418, 15420, 15427, 15500, 15600, 15601, 15602, 15604, 15700, 15702, 15703, 15704, 15705, 15706, 15709, 15710, 15711, 15713, 15714, 15717, 15718, 15719, 15720, 15721, 15722, 15723, 15724, 15725, 15726, 15727, 15728, 15729, 15730, 15731, 15732, 15733, 15734, 15735, 15736, 15737, 15738, 16201, 16202, 16209, 16300, 16301, 16302, 16303, 16304, 16305, 16306, 17006, 17009, 17117, 17124, 17126, 17127, 17128, 17203, 17204, 17205, 17206, 17207, 17208, 17209, 17210, 17211, 17212, 17213, 17214, 17215, 17216, 17223, 17225, 17226, 17300, 17301, 17302, 17303, 17304, 17305, 17401, 17402, 17403, 17404, 17405, 17406, 17407, 17408, 17409, 17410, 17411, 17412 REPEAL: 15007.2, 15008, 15010.1, 15010.2, 15010.3, 15022, 15026, 15028, 15030, 15031, 15032, 15033, 15052, 15053, 15054, 15310, 15426, 15501, 15502, 15503, 15504, 15505, 15506, 15506.1, 15507, 15715, 15739, 15800, 15801, 15802, 15803, 15804, 15805, 15806, 15807, 15808, 15809, 15810, 15811, 15812, 15813, 15814, 15815, 15900, 15901, 15902, 15903, 15904, 15905, 16100, 16101, 16102, 16103, 16104, 16105, 16106, 16107, 16108, 16109, 16110, 16112, 16113, 16114, 16115, 16200, 16203, 16204, 16205, 16206, 16207, 16208, 16210, 16211, 16212, 16213, 16214, 16215, 16216, 16308, 16400, 16401, 16402, 16403, 16404, 16405, 16406, 16408, 16409, 16500, 16501, 16600, 16601, 16602, 16603, 16604,

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 403 16605, 16606, 16607, 16608, 16609, 17000, 17001, 17002, 17003, 17004, 17005, 17100, 17101, 17102, 17103, 17104, 17105, 17106, 17107, 17108, 17109, 17110, 17111, 17113, 17114, 17115, 17116, 17118, 17119, 17120, 17121, 17122, 17123, 17125, 17200, 17201, 17202, 17217, 17218, 17219, 17220, 17221, 17222, 17224, 17400, 17500, 17501, 17502, 17503, 17504, 17505, 17506, 17507, 17508, 17509, 17510 Title 05 01/18/2022 ADOPT: 80605, 80614 AMEND: 80049 REPEAL: 80632, 80632.1, 80632.2, 80632.3, 8632.4, 80632.5 01/12/2022 AMEND: 40408 01/12/2022 AMEND: 76120 02/04/2022 AMEND: 1040 02/10/2022 ADOPT: 30520, 30521, 30522, 30523, 30524, 30525, 30526, 30527 03/07/2022 AMEND: 19810 03/23/2022 AMEND: 40051 Title 07 03/14/2022 AMEND: 202, 213 Title 08 01/05/2022 ADOPT: 3205, 3205.1, 3205.2, 3205.3, 3205.4 02/16/2022 ADOPT: 13875, 13876, 13877, 13878, 13879, 13880, 13881, 13882, 13883, 13884, 13885, 13886, 13887, 13888 01/18/2022 ADOPT: 46.3 03/08/2022 AMEND: 9792.22 Title 09 02/11/2022 ADOPT: Adopt: 4800, 4900, 4901, 4902, 4903, 4904, 4905, 5000, 5100, 5200, 5300 01/10/2022 ADOPT: 4351, 4352, 4353 Title 10 01/06/2022 AMEND: 30.102, 30.200, 30.300, 30.803 REPEAL: 30.101.5 01/13/2022 ADOPT: 10008 AMEND: 10000, 10001, 10002, 10003, 10004, 10005, 10006, 10007 01/21/2022 AMEND: 2705, 2724, 2725, 2725.5, 2729, 2752, 2756, 2758.5, 2903, 2905, 2970, 3007.3, 3102 REPEAL: 2753 02/10/2022 AMEND: 5520, 5521, 5522. 5524, 5525 02/11/2022 AMEND: 6408, 6410, 6452, 6454, 6470, 6474, 6482, 6484, 6486, 6496, 6498, 6500, 6502, 6504, 6506, 6602 03/22/2022 AMEND: 2498.6 03/18/2022 AMEND: 10000, 10001, 10002, 10004 Title 11 01/06/2022 AMEND: 1005, 1007, 1008 01/13/2022 AMEND: 1001, 1052,1053 01/04/2022 ADOPT: 7000 02/10/2022 AMEND: 1005, 1007, 1059 01/27/2022 AMEND: 1001 03/01/2022 AMEND: 20 03/09/2022 AMEND: 1950, 1951, 1952, 1953, 1954, 1955, 1956, 1957, 1958, 1959, 1960 03/04/2022 ADOPT: 4302 Title 12 03/29/2022 ADOPT: 501.5 Title 13 01/18/2022 ADOPT: 2900, 2901, 2902, 2903, 2904, 2905, 2906, 2907, 2908, 2909, 2910, 2911, 2912, 2913, 2914 REPEAL: 1990, 1991, 1992, 1993, 1994 01/11/2022 AMEND: 553.70 03/22/2022 AMEND: 1157.18, 1157.21 Title 14 02/07/2022 ADOPT: 1268.00, 1268.01, 1268.02, 1268.03, 1268.04 01/10/2022 AMEND: 1038 01/31/2022 AMEND: 870.17 REPEAL: 870.15 01/05/2022 AMEND: 28.55 01/06/2022 AMEND: 1052, 1052.4 01/14/2022 AMEND: 7.40, 8.00 01/24/2022 AMEND: 670.5 03/02/2022 ADOPT: 91 AMEND: 90, 120.1, 149, 180, 704 REPEAL: 149.3 01/31/2022 AMEND: 749.11 01/31/2022 AMEND: 749.12 02/04/2022 ADOPT: 2750, 2752, 2754, 2756, 2758, 2759, 2760, 2762, 2764, 2766, 2768, 2770, 2772, 2774, 2776, 2778 03/10/2022 ADOPT: 29100, 29101, 29102, 29200, 29300, 29301, 29302 03/30/2022 AMEND: 602 03/17/2022 ADOPT: 29104 03/16/2022 AMEND: 29.20, 29.80 03/21/2022 AMEND: 926.9, 926.10, 928.5, 928.6 Title 15 01/14/2022 ADOPT: 8003 03/21/2022 ADOPT: 3261.6 AMEND: 3261.2, 3261.3, 3261.5, 3261.7 REPEAL: 3261.6 03/21/2022 AMEND: 2268, 2270 01/12/2022 ADOPT: 3999.29 01/05/2022 ADOPT: 3084, 3480, 3481, 3482, 3483, 3484, 3485 AMEND: 3000, 3045, 3077.3, 3078.4, 3134.1, 3136, 3137, 3141, 3173.1, 3179, 3193, 3220.4, 3230, 3282, 3369.5 (renumber to 3488), 3378.4, 3383, 3475 (renumber to 3465), 3476 (renumber to 3466), 3477 (renumber to

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 14-Z 404 3467), 3478 (renumber to 3468), 3479 (re - number to 3469), 3480 (renumber to 3470), 3480.1 (renumber to 3471), 3481 (renumber to 3472), 3482 (renumber to 3473), 3483 (renum- ber to 3474), 3484 (renumber to 3475), 3485 (renumber to 3476), 3486 (renumber to 3477), 3491, 3492, 3548, 3563, 3630, 3723 REPEAL: 3084, 3084.1, 3084.2, 3084.3, 3084.4, 3084.5, 3084.6, 3084.7, 3084.8, 3084.9, 3085, 3086 02/11/2022 AMEND: 8001, 8004, 8004.1, 8004.2, 8004.3, 8004.4, 8006, 8008, 8100, 8102, 8104, 8105, 8106, 8108, 8110, 8114, 8115, 8116, 8116.1, 8117, 8118, 8119, 8119.1, 8120, 8122, 8201, 8208, 8212, 8214, 8298, 8299, 8900, 8901 02/01/2022 ADOPT: 3040.1 AMEND: 3000, 3040, 3041, 3041.3, 3043.3, 3043.5, 3043.7, 3043.8, 3044, 3075.1, 3077.1, 3315, 3375, 3375.2, 3375.4, 3375.5, 3375.6, 3379 REPEAL: 3040.1, 3040.2 02/28/2022 AMEND: 2449.1, 2449.4, 2449.5, 2449.30, 2449.32, 3490, 3491, 3492, 3495, 3496, 3497 03/10/2022 AMEND: 3000, 3466, 3468 03/28/2022 ADOPT: 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064 03/28/2022 AMEND: 3043, 3043.2, 3043.3, 3043.4, 3043.5, 3043.6, 3044, 3044.1, 3044.2, 3045, 3045.1, 3046.1 REPEAL: 3043.7 Title 16 02/24/2022 AMEND: 19 02/24/2022 AMEND: 1715.6 03/30/2022 ADOPT: 832.49 AMEND: 832 02/24/2022 AMEND: 3395.4 01/04/2022 ADOPT: 2090, 2091, 2092, 2093, 2094, 2095 01/03/2022 AMEND: 3950 01/11/2022 AMEND: 1709 01/18/2022 AMEND: 1704 01/20/2022 AMEND: 3394.3, 3394.4, 3394.6 02/01/2022 AMEND: 1366.3, 1366.31, 1379.07 01/25/2022 AMEND: 1746.4 01/25/2022 AMEND: 1105 01/25/2022 AMEND: 1399.616 01/28/2022 AMEND: 1399.15 03/03/2022 AMEND: 1399.523.5 02/09/2022 AMEND: 639 01/05/2022 ADOPT: 2334, 2334.1, 2334.2, 2334.3, 2334.4 AMEND: 2350 02/08/2022 AMEND: 1484 02/10/2022 ADOPT: 1118 03/17/2022 AMEND: 2334 03/30/2022 AMEND: 1105.2 Title 17 03/21/2022 AMEND: 93300.5 02/02/2022 AMEND: 35035 03/30/2022 AMEND: 30194, 30195, 30195.2, 30196, 30220, 30253, 30333.2, 30336, 30348.3, 30373, 30393, 30394, 30395 Title 18 02/03/2022 AMEND: 1435 03/09/2022 AMEND: 302 Title 19 01/20/2022 ADOPT: 560.6 AMEND: 560, 595.2, 595.4, 595.7, 595.10 Title 22 02/28/2022 ADOPT: 69511.5 AMEND: 69511 Title 22, MPP 02/07/2022 ADOPT: 81095.5, 82095.5, 85092.7, 85095.5, 87470, 87895.5 AMEND: 80022, 80065, 80092, 81001, 81022, 81065, 81092.7, 82001, 82022, 82065, 82092.7, 85022, 85075.1, 85090 renumbered to 85096, 85090.1 renum- bered to 85096.1, 85090.2 renumbered to 85096.2, 85091 renumbered 85097, 85091.1 renumbered to 85097.1, 85091.2 renumbered to 85097.2, 85091.3 renumbered to 85097.3, 85091.4 renumbered to 85097.4, 85092 re - numbered to 85098, 85093 renumbered to 85099, 87101, 87208, 87411, 87465, 87629, 87822, and 87865 REPEAL: 80092.7 Title 23 01/18/2022 ADOPT: 995 02/01/2022 AMEND: 2200 Title 25 01/25/2022 ADOPT: 6932 REPEAL: 6932 Title 27 01/27/2022 AMEND: 27001 Title 28 01/12/2022 ADOPT: 1300.67.2.3 AMEND: 1300.67.2.2 01/26/2022 ADOPT: 1300.67.02 03/16/2022 ADOPT: 1300.67.2.3 AMEND: 1300.67.2.2 Title MPP 01/24/2022 AMEND: 42-751, 44-350, 44-352, 44-353 01/03/2022 AMEND: 40-103, 40-181, 44-113