California Regulatory Notice Register — Register 2023, No. 36-Z (SEPTEMBER 8, 2023)

Cal. Reg. Notice Reg. 2023, No. 36

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 36-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW SEPTEMBER 8, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2023–0829–07 ....................................... 1135 AMENDMENT STATE–AGENCY: California Earthquake Authority TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Japanese Beetle Eradication Area — Notice File Number Z2023–0828–01 ................................. 1136 TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE Peach Fruit Fly Eradication Area — Notice File Number Z2023–0828–03 .................................. 1138 TITLE 11. DEPARTMENT OF JUSTICE Confirmation of Individuals Designated by A Public or Private Agency as a Custodian of Records — Notice File Number Z2023–0823–01 ................................................................ 1141 TITLE 12. DEPARTMENT OF VETERANS AFFAIRS California State Approving Agency for Veterans Education (CSAAVE) — Notice File Number Z2023–0825–02 ................................................................................ 1144 TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION Stacking of Rules Violation Reports — Notice File Number Z2023–0828–02 ................................ 1149 TITLE 16. ACUPUNCTURE BOARD Application Process for Licensing Examination and Re–Examination/Criteria and Procedures for Approval of a Credential Evaluation Service — Notice File Number Z2023–0829–01 ......................... 1151 TITLE 16. COURT REPORTERS BOARD Voice Writing — Notice File Number Z2023–0829–05 .................................................. 1154 (Continued on next page)

TITLE 16. VETERINARY MEDICAL BOARD Registered Veterinary Technician Equivalent Experience and Education — Notice File Number Z2023–0829–06 ................................................................................ 1159 TITLE 18. BOARD OF EQUALIZATION Audit Selection — Notice File Number Z2023–0816–01 ................................................. 1162 TITLE 22. EMPLOYMENT TRAINING PANEL Update to Out–of–State Competition (OSC) Eligible North America Industrial Classification System (NAICS) Codes — Notice File Number Z2023–0829–02 ................................................ 1165 TITLE 22.

DEPARTMENT OF SOCIAL SERVICES Dementia Care in Residential Care Facilities for the Elderly (RCFEs) and Miscellaneous Regulation Changes — Notice File Number Z2023–0828–04 ...................................................... 1168 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination No. 1653–2023–124–001–R1, Lower Seiad Off–Channel Fish Passage Improvement Project, Siskiyou County ............................................................... 1173 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Boronda Road Congestion Relief Project, 2080–2023–015–04, Monterey County ............................................................................... 1175

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 1176 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1135 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest code of the following: CONFLICT–OF–INTEREST CODE AMENDMENT STATE AGENCY: California Earthquake Authority A written comment period has been established commencing on September 8, 2023 and closing on Oc- tober 23, 2023.

Written comments should be directed to the Fair Political Practices Commission, Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, CA 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest code will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho - rized representative requests, no later than 15 days pri- or to the close of the written comment period, a public hearing before the full Commission. If a public hear - ing is requested, the proposed code will be submitted to the Commission for review.

The Executive Director of the Commission will review the above–referenced conflict–of–interest code, proposed pursuant to Government Code Sec - tion 87300, which designate, pursuant to Government Code

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

Any written com - ments must be received no later than October 23, 2023. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with this code because this is not a new program mandated on local agencies by the code since the requirements described herein were man - dated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Government Code

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

REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict–of– interest code should be made to Daniel Vo, Fair Polit- ical Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA 95811, telephone (916) 323–9103.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODE Copies of the proposed conflict–of–interest code may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA 95811, telephone (916) 323–9103.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1136 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE The California Department of Food and Agriculture (Department) proposes to make permanent the emer - gency amendment to Title 3, California Code of Reg - ulations (CCR)

Section 3589 Japanese Beetle Eradica- tion Area, which provides authority to the Department to eradicate, by the established means and methods, infestations of Japanese beetle ( Popillia japonica) in Marin County. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed regulations to the Department. Comments may be submitted by USPS, FAX or email. The writ - ten comment period closes on October 24, 2023. The Department will consider only comments received at the Department offices by that date or postmarked no later than October 24, 2023.

Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture 1220 N St Sacramento, CA 95814 Erin.lovig@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Dean Kelch at (916) 261– 9252 or dean.kelch@cdfa.ca.gov, FAX number (916) 651–2900.

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

Section 3589 pursuant to the authority vested by Sections 407 and 5322 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5322, 5761, 5762, and 5763 of the Food and Agricultural Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The specific purpose of amending CCR

Section 3589 Japanese Beetle Eradication Area is to expand the eradication area for the Japanese beetle in Califor- nia to include Marin County. This will allow target - ed actions for eradication of Japanese beetle in Marin County, if necessary, and reduce the chance of allow - ing natural and artificial dispersal and the subsequent spread of the pest in California. Any necessary erad - ication and quarantine actions taken by the Depart - ment will be in cooperation with the USDA and the affected county agricultural commissioners. EXISTING LAWS AND REGULATIONS Existing law, FAC

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

Section 5322, provides that the Secretary may establish, maintain, and enforce quar - antine, eradication, and such other regulations as are in her opinion necessary to circumscribe and extermi- nate or prevent the spread of any pest that is described in FAC

Section 5321. Existing law, FAC

Section 5761, provides that the Secretary may proclaim any portion of the state to be an eradication area with respect to the pest, prescribe the boundaries of such area, and name the pest and the hosts of the pest which are known to exist within the area, together with the means or methods which are to be used in the eradication or control of such pest. Existing law, FAC

Section 5762, provides that the Secretary may proclaim any pest with respect to which an eradication area has been proclaimed, and any stag- es of the pest, its hosts and carriers, and any premises, plants, and things infested or infected or exposed to infestation or infection with such pest or its hosts or carriers, within such area, are public nuisances, which are subject to all laws and remedies which relate to the prevention and abatement of public nuisances.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1137 Existing law, FAC

Section 5763, provides that the Secretary, or the commissioner acting under the su - pervision and direction of the director, in a

summary manner, may disinfect or take such other action, in - cluding removal or destruction, with reference to any such public nuisance, which he thinks is necessary. ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT This regulation will benefit the apple, pears, cane - berries, pears, blueberries, cherries, plums, corn, rose, grape, crabapple, turf grass and beans (nursery, fruit for domestic use and exports, packing facilities) and the environment (urban landscapes) by expanding the geographic scope of an eradication program to prevent the artificial spread of the Japanese beetle over short and long distances.

This amendment provides the necessary regulatory authority to prevent the artificial spread of a serious insect pest which is a mandated statutory goal. There is no existing, comparable federal regulations or statute regulating the intrastate movement of Japa - nese beetle. There are no known specific benefits to worker safe- ty or the health of California residents.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered any other possible reg - ulations addressing Japanese beetle, and it found that these are the proposed amendments are the only regu- lations dealing with this subject, and the Department is the only State agency which can designate these eradication areas for plant pests. As required by Gov - ernment Code

Section 11346.5(a)(3)(D), the Depart - ment has conducted an evaluation of

Section 3589 and has determined that it is not inconsistent or incompat - ible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department shall comply with the Cal- ifornia Environmental Quality Act of 1970 (Public Resources Code

Section 21000 et seq. as amended) and the State CEQA Guidelines (Title 14 California Code of Regulations

Section 15000 et seq.). DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: Compliance ac- tivities are currently being performed by existing state staff throughout quarantine areas within the State. The Department is currently monitoring for pests, and thus there is no change to the cost due to these regula- tions. The Department has determined that no savings or increased costs to any state agency and no costs or savings in federal funding to the State will result from the amendment of

Section 3589. The amendment of this regulation would have no fiscal impact on the Department. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no nondiscretionary costs or savings to local agencies or school districts. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The amendment of

Section 3589 will pro - vide authority for the Department to conduct eradica - tion activities against Japanese beetle in Marin Coun - ty and there are no known private sector cost impacts. The agency is not aware of any cost impacts that a rep- resentative person or business would necessarily incur in reasonable compliance with the proposed action. Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none and minimal/non–consequential.

The Department makes the initial determination that the proposed ac - tion will not have a significant, statewide adverse eco- nomic impact. Significant effect on housing costs: None. Small business determination: The proposed action will not affect small business because compliance ac - tivities are currently being performed by existing state staff throughout quarantine areas within the State without any impact on small business. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that the

Section 3589 amendment (1) will have no significant impact on the creation or elimination of jobs in the State of California, (2) will have no impact on the creation or elimination of businesses within the State of Califor -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1138 nia, (3) will have no impact on the expansion of busi - nesses within the State of California, (4) is expected to benefit the health and welfare of California residents, (5) is expected to benefit the state’s environment, and (6) is not expected to benefit workers’ safety. The health and welfare of California residents: The proposed action will benefit the health and welfare of California residents by preventing increased costs to the consumers of host materials and increased pesti - cide usage.

The state’s environment: The amendment of this regulation benefits the environment (urban landscapes) by providing the Department an eradication program to prevent the artificial spread of the Japanese Bee - tle over short and long distances. As a general feeder, the Japanese beetle likely poses a serious threat to the general environment and likely some of California’s threatened and endangered species. Hosts for this pest also exist in California’s natural environment, putting them at risk.

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

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

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

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

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture (Depart - ment) proposes to revise Title 3 of the California Code of Regulations (CCR)

Section 3591.12 pertaining to the Peach Fruit Fly (PFF) Eradication Area. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed regulations to the Department. Comments may be submitted by USPS, FAX or email.

The writ - ten comment period closes on October 24, 2023. The Department will consider only comments received at the Department offices by that date or postmarked no later than October 24, 2023. Submit comments to:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1139 Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture 1220 N St, Sacramento, CA 95814 Erin.lovig@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Dean Kelch at (916) 261– 9252 or dean.kelch@cdfa.ca.gov, FAX number (916) 651–2900.

Section 3591.12 pursuant to the authority vested by Sections 407 and 5322 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5761, 5762, 5763 and 5764 of the Food and Agricultural Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The specific purpose of amending California Code of Regulations (CCR) 3591.12 Peach Fruit Fly Eradi - cation Area is to expand the eradication area for the Peach fruit fly (PFF) in California to include Sacra - mento County.

This will allow targeted actions for eradication of PFF in Sacramento County, if neces - sary, and reduce the chance of allowing natural and artificial dispersal and the subsequent spread of the pest in California. Any necessary eradication and quarantine actions taken by the Department will be in cooperation with the USDA and the affected county agricultural commissioners. EXISTING LAWS AND REGULATIONS Existing law, FAC

Section 5321, provides that the Secretary is obligated to investigate the existence of any pest that is not generally distributed within this State and determine the probability of its spread, and the feasibility of its control or eradication. Existing law, FAC

Section 5321. Existing law, FAC

Section 5763, provides that the Secretary, or the commissioner acting under the su - pervision and direction of the director, in a

summary manner, may disinfect or take such other action, in - cluding removal or destruction, with reference to any such public nuisance, which he thinks is necessary. Existing law, FAC

Section 5764, provides that if an eradication area has been proclaimed with respect to a species of fruit flies and the removal of host plants of such species is involved, the director may enter into an agreement with the owner of such host plants to remove and replace them with suitable nursery stock in lieu of treatment.

ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT This regulation will benefit the apple, peach, pear, tomato and citrus industries (nursery, fruit for domes - tic use and exports, packing facilities) and the environ- ment (urban landscapes) by expanding the geographic scope of an eradication program to prevent the artifi - cial spread of the PFF over short and long distances. This amendment provides the necessary regulatory authority to prevent the artificial spread of a serious insect pest which is a mandated statutory goal.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1140 There is no existing, comparable federal regulations or statute regulating the intrastate movement of PFF. There are no known specific benefits to worker safe- ty or the health of California residents.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered any other possible reg - ulations addressing PFF, and it found that these are the proposed amendments are the only regulations dealing with this subject, and the Department is the only State agency which can designate these eradication areas for plant pests. As required by Government Code Sec- tion 11346.5(a)(3)(D), the Department has conducted an evaluation of

Section 3591.12 and has determined that it is not inconsistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department shall comply with the Cal- ifornia Environmental Quality Act of 1970 (Public Resources Code

Section 21000 et seq. as amended) and the State CEQA Guidelines (Title 14 California Code of Regulations

Section 15000 et seq.). DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: Compliance ac- tivities are currently being performed by existing state staff throughout quarantine areas within the State. The Department is currently monitoring for fruit flies, and thus there is no change to the cost due to these regula- tions. The Department has determined that no savings or increased costs to any state agency and no costs or savings in federal funding to the State will result from the amendment of

Section 3591.12. The amendment of this regulation would have no fiscal impact on the Department. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no nondiscretionary costs or savings to local agencies or school districts. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The amendment of

Section 3591.12 will pro- vide authority for the Department to conduct eradica - tion activities against PFF in Sacramento County and there are no known private sector cost impacts. The agency is not aware of any cost impacts that a repre - sentative person or business would necessarily incur in reasonable compliance with the proposed action. Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none and minimal/non–consequential.

Section 3591.12 amendment (1) will have no significant impact on the creation or elimination of jobs in the State of California, (2) will have no impact on the creation or elimination of businesses within the State of Califor - nia, (3) will have no impact on the expansion of busi - nesses within the State of California, (4) is expected to benefit the health and welfare of California residents, (5) is expected to benefit the state’s environment, and (6) is not expected to benefit workers’ safety.

The health and welfare of California residents: The proposed action will benefit the health and welfare of California residents by preventing increased costs to the consumers of host materials and increased pesti - cide usage. The state’s environment: The amendment of this regulation benefits the environment (urban landscapes) by providing the Department an eradication program to prevent the artificial spread of the PFF over short and long distances.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1141 vate persons and equally effective in implementing the statutory policy or other provision of law. The Department invites interested persons to pres - ent alternatives during the written comment period. AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, and has made avail - able all the information upon which its proposal is based and the express terms of the proposed action.

The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request. The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice. If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised.

Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 11.

DEPARTMENT OF JUSTICE CONFIRMATION OF INDIVIDUALS DESIGNATED BY A PUBLIC OR PRIVATE AGENCY AS A CUSTODIAN OF RECORDS The Department of Justice (Department) proposes to adopt sections 999.600 through 999.607 of title 11, division 1,

chapter 23 of the California Code of Reg - ulations concerning the Confirmation of Individuals Designated by a Public or Private Agency as a Custo - dian of Records. PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed regulatory action. However, the Department will hold a hearing if it receives a written request for a public hearing from any interested per - son, or their authorized representative, no later than 15 days before the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulatory action. The written comment pe - riod closes on October 24, 2023. Only written com - ments received by that time will be considered. Please submit written comments to: Department of Justice Authorization and Certification Program Attention: Nancy Munoz P.O.

Box 160608 Sacramento, CA 95816–0608 (916) 210–3434 nancy.munoz@doi.ca.gov NOTE: Written and oral comments, attachments, and associated contact information (e.g., address, phone, email, etc.) become part of the public record and can be released to the public upon request. AUTHORITY AND REFERENCE Authority:

Section 11102.2, Penal Code. Reference:

Section 11102.2, Penal Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations: Various California laws authorize public and pri - vate agencies access to criminal history information for adoption, certification, employment, licensing, and permitting purposes.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1142 Pursuant to Penal Code

section 11102.2, every pub- lic and private agency that receives criminal history information from the Department is required to des - ignate at least one Custodian of Records to assume responsibility for the security, storage, dissemination, and destruction of criminal history information that is furnished to the agency by the Department. As mandated, the Department maintains a confir - mation program to process fingerprint–based back - ground clearances and applications for individuals designated by agencies as Custodian of Records.

Prior to confirming a designated individual, the Depart - ment is required to determine whether the designated individual possesses the required honesty, credibility, truthfulness, and integrity to fulfil the responsibilities of the position in accordance with subdivisions (

f) and (

g) of Penal Code

section 11102.2. Effect of the Proposed Rulemaking: The proposed regulations specify the application process for the Department’s Custodian of Records confirmation program, including appeal procedures related to denied or revoked confirmations. Anticipated Benefits of the Proposed Regulations: This rulemaking action will benefit individuals designated as Custodian of Records by satisfying due process and public policy requirements in a manner that is impartial and transparent. Comparable Federal Regulations: There are no existing federal regulations or statutes comparable to these proposed regulations.

Determination of Inconsistency/Incompatibility with Existing State Regulations: The Department has determined that these pro - posed regulations are not inconsistent or incompatible with existing State regulations. After conducting a re - view for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that concern confirmation of indi- viduals designated by a public or private agency as a Custodian of Records. Forms Incorporated by Reference: 1. Custodian of Records Application for Confirmation, BCIA 8374, orig. 05/2023 (see subdivision (

a) of

section 999.601) 2. Request for Live Scan Service, BCIA 8016CUS, orig. 05/2023 (see subdivision (

b) of

section 999.601) 3. Applicant Fingerprint Form, FD–258 (Rev. 11– 1–20) 1110–0046 (see subdivision (

b) of

section 999.601) Other Statutory Requirements: None. DISCLOSURES REGARDING THE PROPOSED ACTION The Department’s Initial Determinations: Mandate on local agencies or school districts: None. The mandate on local agencies or school districts to designate a Custodian of Records is set by statute (Penal Code

section 11102.2). These regulations only specify the application process for the Department’s Custodian of Records confirmation program, includ - ing appeal procedures related to denied or revoked confirmations. 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 costs or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None.

Cost impacts on representative person or business: The Department is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro - posed action. However, Penal Code

section 11102.2 does set a fee of thirty dollars ($30) to cover the costs of the Department’s confirmation program. Significant effect on housing costs: None. Significant, statewide adverse economic impact di - rectly affecting businesses, including ability to com - pete: The Department has made an initial determina - tion that that the proposed action will not have a sig - nificant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.

Results of the Economic Impact Assessment (EIA): The Department concludes that the proposal will not (1) create or eliminate jobs within the state, (2) create new businesses or eliminate existing businesses with - in the state, (3) result in the expansion of businesses currently doing business within the state. The Department also concludes that:

(1) The proposal will not have a discernable impact on the health and welfare of California residents.

(2) The proposal will not have a discernable impact on worker safety.

(3) The proposal will not have a discernable impact on the state’s environment. Benefits of the proposed action: This rulemaking action will benefit individuals designated as Custo - dian of Records by satisfying due process and public policy requirements in a manner that is impartial and transparent. Business report requirement: None. Small business determination: The Department has determined that this proposed action does not af -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1143 fect small businesses because the mandate on small businesses to designate a Custodian of Records is set by statute (Penal Code

section 11102.2). These reg - ulations only specify the application process for the Department’s Custodian of Records confirmation pro- gram, including appeal procedures related to denied or revoked confirmations. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department must de- termine 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 affected private persons than the proposed action or would be more cost–effective to affected private persons and equally effective in im- plementing the statutory policy or other provision of law.

The Department has determined that the proposed regulations are the most effective way to specify the application process for the Department’s Custodian of Records confirmation program, including appeal pro - cedures related to denied or revoked confirmations. CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Department of Justice Authorization and Certification Program Attention: Nancy Munoz P.O.

Box 160608 Sacramento, CA 95816–0608 (916) 210–3434 nancy.munoz@doj.ca.gov Questions regarding procedure, comments, or the substance of the proposed action should be addressed to the above contact person. In the event the contact person is unavailable, inquiries regarding the pro - posed action may be directed to the following backup contact person: Department of Justice Authorization and Certification Program Attention: Douglas Wormald P.O.

Box 160608 Sacramento, CA 95816–0608 (916) 210–4070 douglas.wormald@doj.ca.gov AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address.

As of the date this Notice of Proposed Rulemak - ing (Notice) is published in the Notice Register, the rulemaking file consists of this Notice, the Text of Pro- posed Regulations (the “express terms” of the regula - tions), the Initial Statement of Reasons, and any infor- mation upon which the proposed rulemaking is based. The text of this Notice, the express terms, the Initial Statement of Reasons, and any information upon which the proposed rulemaking is based are available on the Department’s website at https://oag.ca.gov/bcia/ regulations.

Please refer to the contact information listed above to obtain copies of these documents. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the Department analyzes all timely and rel - evant comments received during the 45–day public comment period, the Department will either adopt these regulations substantially as described in this notice or make modifications based on the comments.

If the Department makes modifications which are sufficiently related to the originally–proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as re - vised. Please send requests for copies of any modified regulations to the attention of the name and address indicated above. The Department will accept written comments on the modified regulations for 15 days af - ter the date on which they are made available.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, a copy of the Final Statement of Reasons will be available on the Department’s web- site at https://oag.ca.gov/bcia/regulations. Please refer to the contact information included above to obtain a written copy of the Final Statement of Reasons. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the express terms, the Initial Statement of Reasons, and any information upon which the proposed rulemaking is based are available on the Department’s website at https://oag.ca.gov/bcia/regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1144 TITLE 12. DEPARTMENT OF VETERANS AFFAIRS CALIFORNIA STATE APPROVING AGENCY FOR VETERANS EDUCATION (CSAAVE) SECTIONS 443, 444, 445, 446, 447 NOTICE IS HEREBY GIVEN that the California Department of Veterans Affairs (“CalVet”) is propos- ing to take the action described in the Informative Di- gest after considering all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING CalVet has not scheduled a public hearing.

Howev - er, CalVet will hold a hearing if it receives a written request for one from any interested person or his or her authorized representative no later than 15 days be- fore the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to CalVet. Com - ments may also be submitted by facsimile (FAX) at (916) 653–2456 or by email to phil.mcallister@calvet. ca.gov. The written comment period closes at Noon on October 24, 2023.

CalVet will consider only com- ments received at CalVet offices by that day, as well as comments received at the public hearing. Submit comments to: Phil McAllister, Regulatory Actions Coordinator California Department of Veterans Affairs 1227 O Street, Suite 300 Sacramento, CA 95814 AUTHORITY AND REFERENCE Authority: Education Code Sections 67100, 67101, and 67102. Reference: 38 C.F.R. 21.4253 and 3671. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW A.

Policy Statement Overview The California Department of Veterans Affairs (CalVet), California State Approving Agency for Vet- erans Education (CSAA VE), operates under contract with the U.S. Department of Veterans Affairs (USD - VA). Under the authority of federal law, Title 38 Unit- ed States Code, the CSAA VE approves or disapproves veterans’ education and training programs, prevents abuses, and promotes quality in veterans’ education by evaluating and monitoring education and training programs.

CalVet proposes to adopt California Code of Regu - lations, title 12, sections 443, 444, 445, 446, and 447 concerning additional requirements on postsecondary educational institutions seeking to enroll veterans or persons eligible for Title 38 funds. Education Code Sections 67100, 67101, and 67102 grants CSAA VE administrative control over the Ti - tle 38 Funding Program. Postsecondary educational institutions and programs seeking to enroll veterans or persons eligible for Title 38 awards must receive CSAA VE approval for these courses.

To that end, CSAA VE may require the postsecondary institution or program to comply with all federal and state laws and regulations as well as additional reasonable crite - ria established by CSAA VE. Beginning in the 2016– 2017 award year, the postsecondary institution or pro- gram must also have its approval to operate from the Bureau for Private Postsecondary Education (BPPE) certified by CSAA VE or be a California public college or university. Currently, CSAA VE has not adopted comprehen - sive criteria for Title 38 funding.

Without regulations, postsecondary educational institutions and programs will continue to spend public funds to target Title 38 beneficiaries without improving either the quality of education or graduation outcomes for those recipients. Regrettably, there is a history of abuse by some Title 38 school and program recipients, including the docu- mented waste of large amounts of public monies, and more importantly, the taking of monies and years from the intended beneficiaries –– without adequate ben - efit.

These disappointing outcomes have been docu - mented in audits, Congressional reports and numerous other sources. More specifically, the rationale for rules to prevent historical and predicted abuse is driven by numerous factors, including the following: 1. The higher maximums for tuition assistance and for living expenses for veterans under Title 38 vis–à–vis public assistance to other populations; a justifiable disparity, but one that creates an in - centive for marketing abuse; 2.

The irreparable harm that can flow from years of education without beneficial outcome, includ - ing the common private borrowing by students, which can create hardship where expected em - ployment does not occur, including credit ruin - ation and other consequences; 3. Limitations on effective court redress or other state protections to address abuses of veterans in their use of Title 38 benefits.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1145 4. Congressional intent that veterans receive reli - able assistance to achieve self–sufficiency and success. These and other factors commend a preventive strategy that is based on bright–line criteria that close- ly correlate with abuse prevention or education suc - cess — including the empirical record of graduation, job qualification, subsequent employment, debt man - agement, and other measurable performance factors.

The rules also ensure that student veterans have an effective legal remedy against a postsecondary institu- tion or program’s fraudulent or predatory practices to provide redress where prevention fails. A set of these rules apply only to institutions with a predominant share of revenue from Title 38 public sources — with the concomitant expectation of statutory and rule compliance. As a part of the privileged receipt of those funds and that trust, the institutions may not categor - ically forbid effective judicial redress by the student veterans involved.

The specific problem being addressed in this reg- ulatory action is to, without being unduly burden - some, build upon the recent performance standards for the broader state higher education Cal Grant subsidy, and establish baseline accreditation, grad- uation, and academic spending requirements ap - propriate for this distinct population. B. Informative Digest The specific purpose for each proposed amendment or adoption of 12 CCR 443–447 would provide as follows:

Section 443: defines terms used in the regulations. This is necessary for the reader to be able to easily understand the meaning of the defined term or phrase as used in the regulations.

Section 444(a): This

section demonstrates that in - stitutions are accredited in accordance with Califor - nia Ed. Code 67102 or issued a waiver by the USDVA under 38 USC 3676 section(f)(1). State and federal law requires educational institutions wishing to offer Title 38 programs to provide evidence of accredita - tion of the institution and of all degree programs to CSAA VE. The accrediting agency must be recognized by the United States Department of Education. This is necessary to ensure the California institu - tions comply with all federal and state laws and regu - lations regarding accreditation and the authority to op- erate as a California Private Postsecondary Institution offering Title 38 programs.

Section 444(b)(1): This

section requires CSAA VE to acquire information from educational institution on their graduates’ license examination passage rates, graduation completion rates, and the cohort default rate current or most recent year preceding the appli - cation to CSAA VE. This is necessary to substantiate student outcomes following graduation and demon - strate that the institution or program is responding to job market conditions.

Section 444(b)(2): 38 USC 3676(c)(9) requires that organizations demonstrate financial stability as part of their approval for Title 38 eligibility. Public institu- tions are exempt by state law and other accredited in - stitutions have already met this standard through their accrediting agency. All other institutions must demon- strate financial stability and comply with the require - ments to qualify for GI Bill funds.

Several institutions offering Title 38 funded programs have failed due to financial instability, leaving veterans out time, money, and Title 38 eligibility, so this requirement is designed to ensure are not harmed by attending an institution that cannot demonstrate its financial stability.

Section 444(b)(3): Ed. Code 67102.5(

e) authorizes CSAA VE to acquire this information. This includes documentation required for all institutions operating under the authority of the Bureau for Private Postsec - ondary Education (BPPE). The institution must pro - vide the current approval status including the current BPPE Approved Program list. If expired, the institu - tion must provide documentation demonstrating the school’s current status. This is necessary to ensure that CSAA VE does not grant approval for non–com - pliant institutions and programs.

Section 444(b)(4): Ed. Code 67102.5(

d) Requires CSAA VE to acquire this information to determine if an educational institution is operating ethically and in the best interests of veteran students.

Section 444(b)(5)A: Ed. Code 67102.5 and Sections 21.4256 and 21.4254 of Title 38 of the Code of Federal Regulations require CSAA VE to acquire this informa- tion from educational programs seeking approval to participate in Title 38. This requirement protects vet - eran students from educational institutions that fail to meet the basic standards.

Section 444(b)(5)B: Title 38 USC sections 3675(b) (3) and 3676(c)(14) and (15) require CSAA VE to ac- quire this information from educational institutions as part of the approval process for Title 38 programs. CSAA VE has found that some educational institu - tions’ programs of education did not meet the stan - dards required for licensure, certification, State board approval, or employment. This requirement protects veteran students from educational institutions that fail to meet the basic standards.

Section 444(b)(5)C: Title 38 USC sections 3675(b) (3) and 3676(c)(14) and (15) to acquire this information from educational institutions as part of the approval process for Title 38 programs. CSAA VE has found that some educational institutions’ programs of education did not meet the standards required for licensure, cer - tification, State board approval, or employment. This

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1146 requirement protects veteran students from education- al institutions that fail to meet the basic standards.

Section 444(b)(6): Ed. Code 67102.5(

f) requires that CSAA VE accept an educational institution’s School Performance Fact Sheet rather than reporting the information required in

Section 67102.5. This al - lows educational institutions a more efficient and more cost–effective way of reporting required information.

Section 444(c): 38 USC 3676 section(f)(1) allows educational institutions to receive a waiver if they are not recognized by an eligible certifying or accredit - ing organization, and CSAA VE has an obligation to recognize those educational institutions that have re - ceived a USDVA waiver. California institutions that have received a USDVA waiver are deemed to have met all of the requirements to be treated as an accred - ited educational institution for the purposes of the Ti - tle 38 programs.

Section 444(d): 38 USC 3676 provides authoriza - tion of the disapproval of educational institutions that do not meet the requirements for the Title 38 program. This is

section will help prospective veteran students to make informed decisions about their academic fu - ture and to inform students of the approval status of the institution and its program(s).

Section 445(a)(1): 38 CFR Sections 21.4253 and 21.4254 authorize CSAA VE to approve the application of the accredited and nonaccredited institutions when the school and its accredited and nonaccredited cours- es satisfy the criteria provided in those sections. This is necessary to ensure that institutions and programs comply with all requirements and standards applying to Title 38 programs.

Section 445(a)(2): This

section requires CSAA VE to ascertain that educational institutions comply with Title 38 CFR parts 21.4253 and 21.4254 as well as Ed. Code 67100 in order to gain approval to offer Title 38 eligible programs. This is necessary to ensure that educational institutions have proper accreditation to operate.

Section 445(a)(3): requires CSAA VE to ensure that educational institutions to comply with 38 USC §3696. This

section is necessary to ensure these institutions’ advertising and representations are honest with stu - dents and must refrain from engaging in certain pro - hibited and misleading recruiting practices.

Section 445(a)(4): 38 USC §3696(f)

(2) Requires CSAA VE to ensure that educational institutions do not violate the marketing standards. This is necessary to ensure all institutions and programs comply with federal marketing requirements for Title 38 eligibility.

Section 445(a)(5): This

section requires CSAA VE to ensure educational institutions do not violate Title 38 CFR

part 21.4252, California Business and Profes- sions Code sections 17200 et seq. or 17500 et seq., or Civil Code

section 1750 et seq. This is necessary to ensure that CSAA VE does not grant approval for non– compliant institutions and programs and prospective students can make informed decisions about the edu - cational institution they choose.

Section 445(b)(1): This

section requires CSAA VE to ensure educational institutions comply with Ed. Code 67100. Sections 21.4253 and 21.4254 of Title 38 of the Code of Federal Regulations require a postsec - ondary educational institution headquartered or oper - ating in California desiring to enroll veterans to ap - ply for approval of these courses to CSAA VE, as the state approving agency. Sections 21.4253 and 21.4254 authorize CSAA VE to approve the application of the accredited and nonaccredited institutions when the school and its accredited and nonaccredited courses satisfy the requirements.

This is necessary to ensure that institutions and programs comply with state and federal requirements and standards applying to Title

Section 445(b)(2): This

section requires CSAA VE to ensure institutions satisfy requirements necessary to allow a student who completes the educational program to qualify to take any required licensing or certification exam. If a course is designed to prepare an individual for employment pursuant to standards developed by a board or agency of a State in an occu - pation that requires approval, licensure, or certifica - tion, the course must meet such standards. Pursuant to 21.4259(e), institutions must publicly disclose the conditions or requirements for obtaining the license, certification, or approval or face disapproval.

This is necessary to ensure veterans are confident that the coursework will provide the skills they need for licen- sure or certification.

Section 445(c): 38 USC 21.4259(

e) requires CSAA VE to determine if an educational institution satisfies the requirements necessary to allow a student who completes the educational program to qualify to take any required licensing or certification exam. This is necessary since CSAA VE found veterans were unable to secure employment following graduation because their program of education did not meet the standards required for licensure, certification, State board approval, or employment.

Section 445(d): 38 USC 21.4259(

e) requires CSAA VE to dis approve educational institutions that do not meet federal requirement for Title 38 eligible programs operating in California. Ed. Code 67100 charges CSAA VE with complying with both the feder- al regulatory standards found in 38 CFR parts 21.4253 and 21.4254, and to establish reasonable criteria for program viability. This is necessary since CSAA VE found veterans were unable to secure employment fol- lowing graduation because their program of education did not meet the standards required for licensure, cer - tification, State board approval, or employment.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1147

Section 446: This

section requires institutions to provide CSAA VE copies of all documents and other materials concerning the institution and its programs for which approval is sought, including all documents maintained by governmental, accrediting, or licens - ing agencies or entities, in order to demonstrate that the educational institution meets all federal and state requirements to offer Title 38 eligible courses during the approval process.

This is necessary to ensure CSAA VE has knowledge of the licensing and/or ap - proval status of an institution or its approved programs offered in California during the approval process and to ensure timely completion of the approval process to protect veteran students benefits.

Section 447(a): This

section requires educational institutions to notify CSAA VE within 30 days of an institutional or programmatic accreditation, licensing, or approval status change which is required by 38 CFR 21.4253(a)(1). This is necessary because many veterans have lost entitlement due to changes in an institution’s approval status, of which they were unaware. Loss of accreditation often leads to a closure of the institution, with a loss of time, money and Title 38 entitlement for veteran students. Timely notification, and potential correction, of accreditation issues are important to al - lowing veterans to make informed choices regarding their education.

Section 447(b): 38 CFR

Section 21.4259(a)(1) and 38 USC

section 3679 of the Code of Federal Regula - tions, provides the authority to suspend a course, li - censing or certification test if any of the requirements are not being met for a period of 60 days. This is nec - essary to assure student success and protect veteran students and their Title 38 education benefits.

Section 447(c): 3 8 C F R S e c t i o n 2 1 . 4 2 5 9 ( a ) ( 2 ) a u- thorizes CSAA VE to disapprove a course or licensing or certification test, if deficiency cannot be corrected within 60 days. This is necessary to assure student success and protect veteran students and their Title 38 education benefits.

Section 447(d): Federal Statute, 38 USC 3679(a), requires CSAA VE to notify an institution by certified or registered letter of a suspension or disapproval with a return receipt secured. The requirement that the in - stitution be notified within 30 days is to ensure timely notification so that veterans can make informed de - cisions on course attendance, and is consistent with other notification requirements. This is necessary to ensure that any veteran enrolled in such a course of education understands the status of the course in order to protect their USDVA benefits.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations: After conducting an evaluation for any regulations related to this area, CalVet has found that there are no inconsistent or incompatible existing state regula - tions. CalVet (through the CSAA VE administrator) is the only state agency that regulates the awarding of Ti- tle 38 funds to postsecondary educational institutions and programs seeking to enroll veterans or eligible persons for such awards. Benefits of the Proposed Action: The proposed regulations will add protections for California veterans not currently in place.

Aligning the CSAA VE program with the Cal Grant standards, as closely as possible using the federal requirements, will ensure a consistent application of state require - ments for higher education institutions, while protect- ing veterans and ensuring they will receive the educa- tional benefits they expect and should acquire when enrolled in a state–approved Title 38 program. The proposed regulations are not expected to affect worker safety or the state’s environment.

DISCLOSURES REGARDING THE PROPOSED ACTION CalVet has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: Minimal. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None.

Cost impacts on a representative private person or businesses: CalVet 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 proposed regulations will not have a significant, statewide adverse economic impact di - rectly affecting business, including the ability of Cali- fornia businesses to complete with businesses in other states. Significant effect on housing costs: None.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS In accordance with Government Code

section 11346.5(a)(10), the results of the EIA (full EIA found in the Initial Statement of Reasons) are as follows: ● The proposed regulations will not create or elim - inate jobs in California. ● The proposed regulations will not create or elim - inate businesses in California.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1148 ● The proposed regulations will not affect the ex - pansion of existing businesses in California. BENEFITS OF THE PROPOSED ACTION The proposed regulations will add protections for California veterans not currently in place.

Applying the standards currently in place for educational insti - tutions operating in California ensures a consistent application of state requirements for higher education institutions, while protecting veterans and ensuring they will receive the educational benefits they expect and should acquire when enrolled in a state–approved Title 38 program. SMALL BUSINESS DETERMINATION The proposed regulations will not affect small busi- ness because this proposed regulation only impacts educational institutions who seek Title 38 funding. BUSINESS REPORT The proposed regulation does not require a business report.

CONSIDERATION OF ALTERNATIVES CalVet must determine that no reasonable alterna - tive it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is pro - posed, 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.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Phil McAllister, Regulatory Actions Coordinator California Department of Veterans Affairs 1227 O Street, Suite 300 Sacramento, CA 95814 Telephone: (916) 653–1961 Fax: (916) 653–2456 Email: phil.mcallister@calvet.ca.gov The backup contact person for these inquiries is: Cheryl Iannello Assistant Deputy Secretary, Chief of Postsecondary Institutions California State Approving Agency for Veterans Education 1227 O Street Sacramento, CA 95814 Telephone: (916) 503–8317 Email: cheryl.iannello@calvet.ca.gov Please direct requests for copies of the proposed text (the “express terms”) of the regulations, the initial statement of reasons, the modified text of the regu - lations, if any, or other information upon which the rulemaking is based to Phil McAllister at the above address.

AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE CalVet will make the entire rulemaking file avail - able for inspection and copying throughout the rulemaking process at its office at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations and the initial statement of reasons. Copies may be obtained by con- tacting Phil McAllister at the address or phone num - ber listed above.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all time - ly and relevant comments received, CalVet may adopt the proposed regulations substantially as described in this notice. If CalVet makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before CalVet adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Phil McAllister at the address indi - cated above.

CalVet will accept written comments on the modified regulations for 15 days after the date on which they are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Phil McAl- lister at the above address.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1149 AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout can be accessed through our website at https://www.calvet.ca.gov/about–us/ laws–regulations. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN t h a t t h e S e c r e- tary of the California Department of Corrections and Rehabilitation (CDCR or department), proposes to amend Sections 3000 and 3312 in Title 15, Division 3,

Chapter 1, regarding the stacking of Rules Violation Reports (RVRs). PUBLIC COMMENT PERIOD The public comment period begins September 8, 2023, and closes on October 26, 2023. Any person may submit written comments by mail addressed to the primary contact person listed below, or by email to rpmb@cdcr.ca.gov, before the close of the comment period. For questions regarding the subject matter of the regulations, call the program contact person listed below. CONTACT PERSONS Primary Contact R. Orr Telephone: (916) 445–2229 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 T. Ramsey Telephone: (916) 445–8282 Division of Adult Institutions P.O. Box 942883 Sacramento, CA 94283–0001 PUBLIC HEARING Date and Time: October 23, 2023 — 10:00 a.m. to 11:00 a.m. Place: Department of Corrections and Rehabilitation Room 150N 1515 S Street — North Building Sacramento, CA 95811 AUTHORITY AND REFERENCE Government Code

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

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

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

Section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, custody, treatment, training, discipline, and employ - ment of persons confined therein are vested in the Sec- retary of the CDCR. PC

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

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

Section 5058.3 authorizes the Director to certify in a written statement filed with Office of Administrative Law that operational needs of the department require adoption, amendment, or repeal of regulation on an emergency basis. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The department provides a graduated system of inmate discipline that is designed to be administered commensurate with the seriousness of the offense. Discipline shall be administered to maintain control, conserve human values and individual dignity, and promote desirable changes in attitude and behavior.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1150 The inmate disciplinary system incorporates statuto - ry and constitutional mandates and provides essential due process guarantees to ensure fairness and equal application. “Stacking” refers to the practice of breaking a single event of misconduct into several offenses where there is a nexus between the offenses and assessing sepa - rate penalties for each of the offenses.

Due process re- quires that everyone be judged and penalized by the same standard; stacking violates due process because it penalizes some inmates more than others, and there- fore a regulatory change must be made to explicitly disallow stacking and provide alternate directives to ensure that stacking is not practiced. This action will: ● Define “stacking.” ● Prohibit the stacking of RVRs and establish alter- nate directives. DOCUMENTS INCORPORATED BY REFERENCE None.

SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The proposed regulations will serve to protect the due process rights of inmates, preventing them from being unduly issued multiple RVRs when a single RVR is warranted. The department anticipates that the proposed regulations will protect the department and result in fewer lawsuits pertaining to due process violations. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING REGULATIONS Pursuant to Government Code 11346.5(a)(3)(D), the department has determined the proposed regulations are not inconsistent or incompatible with existing reg- ulations.

After conducting a review for any regulations that would relate to or affect this area, the department has concluded that these are the only regulations that concern the stacking of RVRs. LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate, which requires reim- bursement of costs or savings pursuant to Government Code Sections 17500–17630.

FISCAL IMPACT STATEMENT ● Cost or savings to any state agency: None ● Cost to any local agency or school district that is required to be reimbursed: None ● Other nondiscretionary cost or savings imposed on local agencies: None ● Cost or savings in federal funding to the state: None EFFECT ON HOUSING COSTS The department has made an initial determination that the proposed action will have no significant effect on housing costs.

COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

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

This ac - tion has no significant adverse economic impact on small businesses because they place no obligations or requirements on any business. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The department has determined that the proposed regulation will have no effect on the creation of new, or the elimination of existing, jobs or businesses within California, or effect the expansion of businesses cur - rently doing business in California. The department has determined that the proposed regulation will have no effect on worker safety or the state’s environment.

These regulations may benefit the welfare of Califor - nia residents by helping to make CDCR institutions safer for inmates, staff, and visitors. Additionally, saf-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1151 er institutions may provide an environment more con- ducive to rehabilitation, thereby reducing recidivism.

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

Interested persons are invit- ed to present statements or arguments with respect to any alternatives to the changes proposed at the sched - uled hearing or during the written comment period. AVAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make avail - able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations.

The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon request directed to the department’s contact per- son. The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the depart- ment’s website: www.cdcr.ca.gov. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the depart - ment’s contact person.

AVAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed reg- ulations substantially as described in this Notice. If the department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the public for at least 15 days before the department adopts, amends or repeals the regulations as revised. Requests for copies of any modified reg - ulation text should be directed to the contact person indicated in this Notice.

The department will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. TITLE 16. ACUPUNCTURE BOARD APPLICATION PROCESS FOR LICENSING EXAMINATION AND RE–EXAMINATION, AND CRITERIA, AND PROCEDURES FOR APPROVAL OF A CREDENTIAL EVALUATION SERVICE NOTICE IS HEREBY GIVEN that the Acupunc- ture Board (hereafter, Board) is proposing to take the action described in the Informative Digest below, after considering all comments, objections, and recommen- dations regarding the proposed action.

PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- son” in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this Notice, must be received by the Board at its office no later than by 5:00 p.m., Tuesday, October 24, 2023 , or must be received by the Board at the hearing, should one be scheduled.

AUTHORITY AND REFERENCE Pursuant to the authority vested by section(s), 4928, and 4933 of the Business and Professions Code (BPC), and to implement, interpret, or make specif - ic BPC section(s) 4925, 4938, 4939, 4940, 4941, and 4944 the Board is considering amending section(s) 1399.411, 1399.413, 1399.414, 1399.416, 1399.417, and 1399.419, and adopting sections 1399.409, 1399.416.2, 1399.416.3, and 1399.416.4 of Title 16, Division 13.7,

Article 2 of the California Code of Regulations (CCR).

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1152 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BPC

section 4933 authorizes the Board to adopt, amend, or repeal, in accordance with the Adminis - trative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of

Part 1 of Division 3 of Title 2 of the Government Code), regulations as may be necessary to enable it to carry into effect the provisions of law relating to the practice of acupuncture. BPC

section 4928.1 requires that protection of the public is the highest priority for the Board in exercising its licens - ing, regulatory and disciplinary functions. This regulatory proposal creates minimum require - ments for Board approval of credential evaluation services, setting forth Board requirements, criteria, an application process, and an approval/revocation process for credential evaluation service applicants. The proposal also provides a

section of

definitions for terms used throughout the article. Additionally, the proposal sets requirements for ap- plicants applying and re–applying for the California Acupuncture Licensing Examination. The require - ments will differ based upon the education and training track the applicant completed (approved educational and training program, foreign–trained, or tutorial pro - gram). The proposal removes outdated deadlines and policy which related to the exam being administered twice a year versus the current process of being acces- sible by computer all year long.

The proposal also im- proves and updates the documentation and submission requirements accepted by the Board. Anticipated Benefits of Proposal This proposal would strengthen oversight and pro - vide greater assurances of the accuracy, completeness, and timeliness of foreign–trained applicant submis - sions by creating minimum requirements for Board approval of credential evaluation services, incorporat- ing an application form, specifying

definitions, and re- quiring credential evaluation services to attest to facts and representations made to the Board. Additionally, the regulations will provide clear and consistent requirements for applicants applying for the California Acupuncture Licensing Examination based upon the education and training track they complet - ed. Old and nonapplicable deadlines and policy re - lated to the prior method of administering the exam are removed to establish relevant and clear guidelines for the exam application process. The proposal also amends the documentation and submission standards for the Board.

Overall, this proposal creates a trans - parent process and allows applicants to demonstrate eligibility for an acupuncture license with more ease. This regulatory proposal does not affect the health and welfare of California residents, worker safety, or the state’s environment. Consistency and Compatibility with Existing State Regulations During the process of developing this regulatory proposal, the Board has conducted a search of any similar regulations on these topics and has concluded that these regulations are neither duplicative, inconsis- tent, nor incompatible with existing state regulations.

DISCLOSURES REGARDING THIS PROPOSED ACTION The Board has made the following initial determinations: FISCAL IMPACT ESTIMATES The regulations do not have a fiscal impact to the state. Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. The regulations do not have a fiscal impact to the state. The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agen - cies: None. Local Mandate: None.

Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Re- quire Reimbursement: None. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS BUSINESS IMPACT ESTIMATES The Board has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. The Board presently works with approximately six NACES rec - ognized credential evaluation services who would be directly affected by this proposal.

However, there are potentially 19 NACES recognized credential evalu - ation services open to apply for Board approval. On average the Board estimates that it will receive one new Credential Evaluation Service applicant in any given year. It is anticipated the approved services will remain static year to year. Organizations that provide credential evaluation services would not experience a significant financial burden in completing the appli - cation and complying with the proposed amendments to Title 16, California Code of Regulations sections 1399.411, 1399.416.3 and 1399.416 since they currently

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1153 meet the requirements of the proposed application and regulations. There is no cost associated with the application pro- cess. Additionally, costs associated with changes to the evaluation reports, including a single disclaimer, provided to acupuncture candidates and statistical re - porting should not increase costs for the organizations. The fees associated with the applications for exam - ination and re–examination are not being altered by the amendments to Title 16 CCR sections 1399.409, 1399.413, 1399.414, 1399.416, 1399.417, and 1399.419.

The amendments to these sections are achieving clar - ity and an update to the processes and requirements. Therefore, no additional costs are expected with these changes. Title 16, CCR

section 1399.411 affects approved ed- ucational and training programs. However, it is esti - mated that it will not affect costs for these programs as the regulation is simply providing clarity on the documentation process and requirements when sub - mitting proof of education and training to the Board. The requirements are already being met by approved educational and training programs.

Impact on Jobs/Businesses The Board has determined that this regulatory pro - posal will not have any significant impact on the cre - ation of jobs or new businesses, or the elimination of jobs or existing businesses, or the expansion of busi - nesses in the State of California. Business Reporting Requirements The regulatory action requires Board approved cre - dential evaluation service businesses to file a report with the Board regarding any changes to information previously provided to the Board.

As these business - es are providing information on which the Board will rely in determining the fitness for licensure of appli - cants seeking to practice a healing art on the people of the State of California, it is necessary that the Board be informed of changes which might affect the verac - ity or reliability of the credential evaluation service. Therefore, this report is necessary for the health, safe- ty, and welfare of the people of the State of California.

By setting standards and requirements for creden - tial evaluation services, the Board has more control over the accuracy and integrity of the evaluation of foreign–trained applicants. Thereby, fraudulent activ - ity is mitigated so only applicants who are legitimately eligible for licensure become licensed. This regulatory action provides public protection. Additionally, the regulations will provide clear and consistent requirements for applicants applying for the exam based upon the education and training pathway they completed.

Updating and clarifying the applica - tion process improves the Board’s review achieving public protection so only those who meet education and training qualifications are admitted to the exam and, in turn, licensed. Effect on Small Business The Board has determined that the proposed regula- tions may affect small businesses. Cost Impact on Representative Private Person or Business The Board is not aware of any additional cost im - pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant Effect on Housing Costs: None.

CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

Any interested person may submit comments to the Board in writing relevant to the above determinations at 1625 North Market Boulevard, Suite N–219, Sacra- mento, CA 95834. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulatory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the informa- tion on which this proposal is based. This material is contained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice.

TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained at https://www.acupuncture.ca.gov/about_us/ relevant.shtml or upon request from the Board at: 1625 North Market Boulevard Suite N–219 Sacramento, CA 95834

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1154 AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text.

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

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

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Kristine Brothers Policy Coordinator Address: Acupuncture Board 1625 North Market Boulevard, Suite N–219 Sacramento, CA 95834 Telephone Number: 916–515–5200 Fax Number: 916–928–2204 Email Address: AcuPolicy@dca.ca.gov The backup contact person is: Name: Marisa Ochoa Central Services Manager Address: Acupuncture Board 1625 North Market Boulevard, Suite N–219 Sacramento, CA 95834 Telephone Number: 916–515–5200 Fax Number: 916–928–2204 Email Address: AcuPolicy@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Actions the Initial Statement of Reasons, and the text of the regulations can be accessed through the Board’s website at https:// www.acupuncture.ca.gov/about_us/relevant.shtml.

TITLE 16. COURT REPORTERS BOARD VOICE WRITING NOTICE IS HEREBY GIVEN that the Court Re- porters Board of California (CRB or Board) proposes to take the action described in the Informative Digest below, after considering all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period.

A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- son” in this Notice. WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this No - tice, must be received by the Board at its office no later than 5:00 p.m. on Tuesday, October 24, 2023, or must be received by the Board at the hearing, should one be scheduled.

AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 8007 and 8017 of the Business and Professions Code (BPC), and to implement, interpret, or make specific BPC sections 8007, 8017, 8017.5, 8020, and 8027; Code of Civil Pro- cedure (CCP) sections 269, 271, 2025.330, 2025.510, 2025.520, 2025.540, 2025.550, and 2025.570; Cor - porations Code (CC) sections 13401 and 13410; and Government Code (GC)

section 69955, the Board is considering amending sections 2403, 2411, and 2414 of Title 16, Division 24, of the California Code of Reg- ulations (CCR).

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1155 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing regulations at CCR sections 2403, 2411, and 2414 set forth the Board’s requirements for short- hand reporting, which essentially entails using a sys - tem for rapid writing to make a verbatim record of a legal proceeding. Previous law at BPC

section 8016.5 prohibited the Board from issuing certificates to voice writers, or shorthand reporters who use a closed mi - crophone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes to make a verbatim record of a proceeding. In 2022, the Legislature passed Assembly Bill (AB) 156 (Com- mittee on Budget, Stats 2022,

Chapter 569), repealing BPC

section 8016.5 and requiring the Board to allow for the licensure of voice writers as certified court re - porters in California. This regulatory proposal will amend CCR sections 2403, 2411, and 2414 to recognize voice writing as an acceptable and equal means of practicing shorthand reporting and as a method of qualifying for the cer - tified shorthand reporter (CSR) examination.

The proposal will also provide a clear set of minimum prescribed course of study requirements that court reporting schools recognized by CRB shall follow to adequately train their voice writing students for licen- sure if they choose to include a voice writing com - ponent in their program. Furthermore, the proposal will update relevant

definitions, and also make other minor, technical non–substantive changes to address capitalization and grammar. This proposal aligns with the Board’s mission to protect and serve the public by hiring voice writing shorthand reporters who are cer - tified and under CRB’s direct jurisdiction. The Board proposes the following changes: Amend

Section 2403, Scope of Practice. Existing law defines the practice of shorthand re - porting and outlines the scope of practice for an accu- rate transcription in superior court and for a deposition.

This regulatory proposal will ● Amend the introductory paragraph by adding “or by voice writing,” after “machine shorthand writing.” ● Amend subsection (a)(1) by adding “or by voice” after “shorthand.” ● Amend subsection (a)(8) by adding “or voice” af- ter “stenographic.” ● Amend subsection (b)(4) by adding “or voice” af- ter “stenographic” in two locations. ● Amend subsection (b)(9) by changing the comma after “deponent” to a closing parenthesis. ● Amend Reference Note by adding a comma and deleting “and” after “8007” and adding “and 8017.5,” after “8017” in the BPC portion of the Reference Note. Amend

Section 2411, Criteria for Recognition of Court Reporting Schools; Continued Validity; Reports. Existing law establishes the minimum course of study for CRB–recognized court reporting schools. This regulatory proposal will ● Amend subsection (

a) by adding “or Voice Writ - ing” after “Machine Shorthand” and adding “hours” after “2300.” ● Amend subsection (a)(1) by adding “or voice writ- ing” after “machine shorthand writing.” ● Amend subsection (a)(3) by adding “machine shorthand” before “student,” adding clarification for “varying difficulty” in the existing sentence, and adding a second sentence, comparable to the existing first sentence, relating to dictation tran - scription requirements for voice writing students. ● Amend subsection (a)(4) by adding “report - ing” after “tested” and deleting “writing” before “speeds.” ● Amend subsection (a)(5) by adding “or voice” af- ter “stenographic.” ● Add subsection (a)(8) to establish the need for schools to test voice writing students who have reached a specified level of proficiency on their ability to not be heard from two feet away while reporting. ● Amend subsection (

b) by adding “hours” after “240.” ● Amend subsection (

c) by adding “hours” after “120.” ● Amend subsection (

d) by adding “hours” after “150,” deleting “the” before “classroom,” and adding a comma after “but not limited to.” ● Amend subsection (d)(2)(

C) by adding “or voice” after “stenographic.” ● Amend subsection (

f) by adding “hours” after “25.” ● Amend subsection (

g) by adding “hours” after “5.” ● Amend subsection (

h) by adding “hours” after “60.” ● Amend subsection (h)(3) by adding “or voice” af- ter “stenographic” in two locations. ● Amend subsection (h)(4) by deleting the periods after and adding parentheses around the subsec - tion indicators (

A) through (

D) that identify the four listed additional instruction categories. ● Amend subsection (

i) by adding “hours” after “60.”

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1156 ● Amend subsection (i)(3) by adding “or voice” af- ter “stenographic.” ● Amend subsection (i)(5) by adding “or voice” after “stenographic” and adding “hours” after “660.” ● Amend subsection (k)(1) by changing “8047” to “8051” in relation to the range of BPC sections that relate to CRB. ● Amend subsection (

m) by changing “(k)” to “(I)” after “Section 8027.” ● Add subsection (

o) relating to the definition of “voice writing.” ● Amend Reference Note by adding “8017.5,” after “8007,” and adding a comma after “8020” in the Reference Note. Amend

Section 2414,

Definitions. Existing law establishes

definitions relating to court reporting schools. This regulatory proposal will ● Amend subsection (

a) by deleting “that is a course” and adding “, voice writing,” after “ma - chine shorthand.” ● Amend subsection (a)(3) by adding a comma af - ter “shorthand reporter,” deleting “or” and the “n” of “an” before “RPR,” adding “current Registered Professional Reporter” before “RPR,” adding pa- rentheses around “RPR,” and adding “, or a cur - rent Certified Verbatim Reporter (CVR) certifi - cate from the National Verbatim Reporters Asso- ciation” after “Association.” ● Amend subsection (

b) by adding “or voice” after “machine” and deleting “that is a course” before “other than an academic course.” ● Amend subsection (b)(3) by adding, a comma af- ter “shorthand reporter,” deleting “or” and the “n” of “an” before “RPR,” adding “current” before “RPR,” and adding “, or a current CVR certifi - cate from the National Verbatim Reporters Asso- ciation” after “Association.” ● Amend subsection (b)(4) by adding “or voice” af- ter “machine.” ● Amend subsection (

d) by adding “or voice” after “machine.” ● Amend subsection (

i) by deleting the comma and adding “and” after “student,” adding “or voice” after “stenographic,” and deleting “, or other methods, as determined and reviewed and ap - proved by the Board.” ● Amend Reference Note by adding “, 8017.5,” af- ter “8007” in the Reference Note. ANTICIPATED BENEFITS OF THE PROPOSAL The Board has determined that this regulatory pro - posal does not affect the health and welfare of Califor- nia residents, worker safety, or the state’s environment. The proposed amendments to CCR sections 2403, 2411, and 2414 will help facilitate the licensure of voice writers as certified shorthand reporters as required by BPC

section 8017. Courts are struggling to find certi - fied shorthand reporters as there is a small supply, and the certification of shorthand reporters by the voice writing method will help alleviate pressure on courts because demand for shorthand reporters continues to outgrow supply. Recently repealed BPC

section 8016.5 prohibited CRB from issuing certificates to voice writers, but this regulation will ensure that CRB treats voice writers equally to other shorthand reporters, pursuant to BPC

section 8024.8, by mandating that CRB issues certificates to voice writers in California. In addition, the proposal will provide a clear set of minimum curriculum requirements that include voice writing elements, which is critical for CRB–recog - nized court reporting schools to adequately train their students for licensure if they choose to include a voice writing component in their program. This proposal aligns with the Board’s mission to protect and serve the public by hiring voice writing shorthand reporters who are certified and under CRB’s direct jurisdiction.

Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulatory proposal, the Board has conducted a search of any similar regulations on these topics and has concluded that these regulations are neither inconsistent nor in - compatible with existing state regulations. Incorporation by Reference No forms are incorporated by reference in the pro - posed regulations.

DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES ● Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: The Board anticipates the regulations will result in a gradual increase in applicants for licensure as court reporting schools begin integrating voice writing coursework into their curriculum. The Board estimates 16 individuals will complete their voice writing education and apply to take the professional examination per year in the first

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1157 five years of implementation, of which 10 are pro- jected to pass the examination and be issued an initial license. Beginning in year–six of imple - mentation, up to 32 individuals are projected to complete their voice writing education and take the examination, of which 20 will be granted ini - tial licensure.

Examination and Licensing Workload: The Board estimates current workload costs of $173 per examination application, $290 per initial li - cense, and $246 per renewal license (the first voice writer renewals will be processed in year– two of implementation). Total workload costs are estimated to range from approximately $5,700 to $42,900 and up to $210,000 over a ten–year period. Note: Includes a 3 percent annual cost growth factor Any workload costs are anticipated to be ab - sorbed within existing resources.

Revenues: The Board currently assesses a $40 examination application fee and $225 initial and renewal license fees, which would result in to - tal annual revenues ranging from approximate - ly $2,900 to $35,000 per year and up to $167,000 over a ten–year period. Additionally, each applicant will be required to complete a fingerprint background check with es- timated costs of $75, of which $32 is passed on to the Department of Justice (DOJ). As a result, DOJ is projected to collect fingerprint revenues ranging from $320 to $640 per year and up to $4,800 over a ten–year period.

The regulations do not result in any costs or sav - ings in federal funding to the state. ● Nondiscretionary Costs/Savings to Local Agencies: None. ● Cost to any local agency or school district re - quiring reimbursement pursuant to Govern - ment Code

section 17500 et seq.: None. ● Significant Effect on Housing Costs: None. BUSINESS IMPACT ESTIMATES The Board has made the initial determination that the proposed regulatory action would have no sig - nificant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

This initial determination is based on the following facts/evidence/documents or testimony: This regulation will not have a significant adverse economic impact on businesses because CRB has been licensing certified shorthand reporters since 1951 and will continue to do so. The proposed regulations are intended to expand the avenues toward licensure to in- clude voice writing court reporters, in addition to the existing machine shorthand court reporters. Once voice writing programs are established at rec- ognized California schools, it will take time for stu - dents to enroll in and complete the program.

There - fore, the increase in applications for licensure with CRB is expected to be gradual and not immediately significant. In addition, court reporting schools that are recog - nized by CRB have the option of including a voice writing component in their training program, but it is not mandatory. Of the eight California schools cur - rently recognized by CRB, only two currently have a voice writing program, but the Board anticipates additional voice writing programs being added in the future. The Board does not have information or data for a school to start and provide voice writing educational programs.

As a result, the Board does not have a cost estimate at this time. The Board estimates 16 individuals will complete their voice writing education and apply to take the pro- fessional examination per year in the first five years of implementation, of which 10 will pass the exam - ination and be issued an initial license. Beginning in year–six of implementation, up to 32 individuals are projected to complete their voice writing education and take the examination, of which 20 will be granted initial licensure.

The Board estimates annual tuition revenues of up to $5,000 per voice writing student, which would re - sult in total tuition revenues ranging from $80,000 (16) to $160,000 (32) per year and up to $1.2 million over a ten–year period. Individuals taking the professional examination will be required to pay $75 for the three–part examination, which will result in revenues ranging from $1,200 (16) to $2,400 (32) per year and up to $18,000 over a ten– year period. These fees are paid to CRB, which in turn pays the testing vendor.

Additionally, those individuals passing the exam - ination and applying for licensure will need to un - dergo and pass a fingerprint background check with costs of $75, of which $26 is estimated to benefit the fingerprint processing business. As a result, these fin - gerprint businesses are projected to have increased revenues ranging from $260 (10) to $520 (20) per year and up to $3,900 over a ten–year period.

Cost Impact on Representative Private Person or Business The Board indicates individuals opting to enroll in a voice writing educational program, take the pro - fessional exam, and applying for licensure will incur costs as follows: ● Annual Tuition: Up to $5,000

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1158 ● Examination Application: $40 ● Examination Testing: $75 ● Fingerprint Background Check: $75 ● Initial and Renewal License Fees: $225 The Board does not have information or data for a school to start and provide voice writing educational programs. As a result, the Board does not have a cost estimate at this time.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Board has determined that this regulatory pro - posal will have an impact on the creation of jobs by expanding pathways to licensure and will not elimi - nate jobs and may have an impact on new or existing businesses in the State of California. While the proposed regulations are intended to ex - pand the avenues toward licensure to include voice writing court reporters, the Board does not anticipate a significant increase in the total population of licens - ees.

Instead, the Board anticipates the regulations to increase the number of voice writing applicants and licensees over time with a commensurate reduction in traditional machine shorthand applicants and eventu - ally licensees in the future. The Board notes that schools providing traditional machine shorthand coursework may begin providing voice writing programs based on student demand. Any increase in voice writing students is anticipated to be offset with a commensurate reduction in tradi - tional machine shorthand students in the future.

Benefits of Regulation The Board has determined that this regulatory pro - posal does not affect the health and welfare of Califor- nia residents, worker safety, or the state’s environment. The proposed amendments to CCR sections 2403, 2411, and 2414 will help facilitate the licensure of voice writers as certified shorthand reporters as required by BPC

section 8017. The certification of shorthand re - porters by the voice writing method will help ensure equal treatment of voice writers and will help alleviate pressure on courts struggling to find certified court re- porters because demand continues to outgrow supply. In addition, the proposal will provide a clear set of minimum curriculum requirements that include voice writing elements, which is critical for CRB– recognized court reporting schools to adequately train their students for licensure if they choose to include a voice writing component in their program.

This proposal will also help ensure that consumers will be protected by hiring voice writing shorthand reporters who are certified and under CRB’s direct jurisdiction. Business Reporting Requirements The regulatory action requires businesses to file re - ports with CRB. The Board has determined that it is necessary for the health, safety, or welfare of the peo- ple of the State that the reporting element of the regu - lation apply to court reporting schools that are recog - nized by CRB. The reports are existing requirements under CCR

section 2411(

l) and (

m) and are statutorily mandated by BPC

section 8027. This proposal simply updates subsection (

m) of CCR

section 2411 to have the correct reference to the applicable subsection in BPC

section 8027 that relates to the annual statements that recognized court reporting schools must file with the Board. Court reporting schools pay no fees to the Board for the review or recognition of their program or for the filing of the annual statements that are re - quired by BPC

section 8027 and CCR

section 2411. Effect on Small Business The Board has determined that the proposed reg - ulations will not affect small businesses. Although some CRB licensees may be small businesses, the Board does not maintain data relating to the number or percentage of licensees who own a small business; therefore, the number or percentage of small business- es that may be impacted cannot be predicted. This regulatory proposal will not have a significant statewide adverse economic impact directly affecting small businesses including the inability of California small businesses to compete with businesses in other states. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subsection (a)(13), the Board must determine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in car- rying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposal described in this No- tice, or would be more cost–effective to affected pri - vate persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may submit comments to the Board in writing relevant to the above determinations at 2535 Capitol Oaks Drive, Suite 230, Sacramento, CA 95833 during the written comment period or at the hearing if one is scheduled or requested. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE CRB has compiled a record for this regulatory ac - tion, which includes the Initial Statement of Reasons, proposed regulatory text, and all the information upon

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1159 which this proposal is based. This material is con - tained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, the Initial Statement of Reasons, and all of the information upon which the proposal is based may be obtained upon request from the Board at 2535 Capitol Oaks Drive, Suite 230, Sacramento, CA 95833.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposal substantially as described herein or may modify such proposal if such modifications are sufficiently related to the original text.

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

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

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Betsy Figueira Address: Court Reporters Board of California 2535 Capitol Oaks Drive, Suite 230 Sacramento, CA 95833 Telephone Number: (916) 263–3660 Fax Number: (916) 263–3664 Email Address: Betsy.Figueira@dca.ca.gov The backup contact person is: Name: Yvonne Fenner Address: Court Reporters Board of California 2535 Capitol Oaks Drive, Suite 230 Sacramento, CA 95833 Telephone Number: (916) 263–3660 Fax Number: (916) 263–3664 Email Address: Yvonne.Fenner@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications noted, as well as the Final State - ment of Reasons when completed and modified text, if any, can be accessed through the Board’s website at https://www.courtreportersboard.ca.gov/lawsregs/ index.shtml.

TITLE 16. VETERINARY MEDICAL BOARD RVT EQUIVALENT EXPERIENCE AND EDUCATION NOTICE IS HEREBY GIVEN that the Veterinary Medical Board (Board) is proposing to take the action described in the Informative Digest below, after con - sidering all comments, objections, and recommenda - tions regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action.

However, the Board will hold a hear- ing if it receives a written request for a public hearing from any interested person, or their authorized repre - sentative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the in- dividuals listed under “Contact Person” in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this No - tice, must be received by the Board at its office no later than 5:00 p.m. on Tuesday, October 24, 2023, or must be received by the Board at the hearing, should one be scheduled.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 36-Z 1160 AUTHORITY AND REFERENCE Pursuant to the authority vested by

section 4808 of the Business and Professions Code (BPC), and to implement, interpret, or make specific BPC

section 4841.5 of said code, the Board is considering amend - ing

section 2068.5 of

article 6 of division 20 of title 16 of the California Code of Regulations (CCR 1). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BPC

section 4800.1 mandates that the protection of the public shall be the highest priority of the Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is in- consistent with other interests sought to be promoted, the protection of the public shall be paramount. BPC

section 4808 authorizes the Board, in accordance with the Administrative Procedure Act (Government Code

section 11400 et seq.), to adopt, amend, or repeal such rules and regulations as may be reasonably necessary to enable it to carry into effect the provisions of the Veterinary Medicine Practice Act (Practice Act) (BPC

section 4800, et seq.). BPC

section 4841.5 requires a registered veterinary technician (RVT) to furnish satisfactory evidence of one of the following: (1) graduation from at least a two–year accredited program, (2) combined educa - tion and clinical practice experience, or (3) certifica- tion of completing the education equivalency through the American Association of Veterinary State Boards’ Program for the Assessment of Veterinary Education Equivalence for Veterinary Technicians.

The Board has promulgated regulations that provide minimum standards for RVT students to complete their com - bined education and clinical practice experience (also known as the alternate route program). This regulatory proposal will amend CCR

section 2068.5 regarding RVT students and alternate route programs and remove barriers to licensure by mak - ing clarifications to instructor qualification require - ments and removing the restrictions that individuals complete their clinical practice of 4,416 hours within five years, but not less than two years, to give RVT students greater flexibility to complete the experience requirement, so long as a California–licensed veteri - narian verifies the experience. Anticipated Benefits of Proposal The Board anticipates that RVT students in the al - ternate route pathway will benefit from Board clari - fication of instructor requiremen

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2023, No. 36
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	b9896312157a7e0ecefafd7a0e21082198ddc895

Source file is stored in the law ingest library (pdf).