California Regulatory Notice Register — Register 2022, No. 20-Z (MAY 20, 2022)

Cal. Reg. Notice Reg. 2022, No. 20

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 20–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MAY 20, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. STATE PERSONNEL BOARD Whistleblower Appeals Right — Notice File Number Z2022–0510–03 ...................................... 557 TITLE 10. DEPARTMENT OF INSURANCE Commercial Auto Rates — Notice File Number Z2022–0510–04 ........................................... 559 TITLE 10.

DEPARTMENT OF INSURANCE California Automobile Assigned Risk Plan Plan of Operations — Notice File Number Z2022–0510–05 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .562 TITLE 10. DEPARTMENT OF INSURANCE California Automobile Assigned Risk Plan (CAARP) Private Passenger Rates — Notice File Number Z2022–0510–06 ................................................................. 565 TITLE 10.

DEPARTMENT OF INSURANCE California Automobile Assigned Risk Plan (CAARP) Simplified Rules and Rates Manual — Notice File Number Z2022–0510–07 ....................................................... 568 TITLE 10. DEPARTMENT OF INSURANCE California Low–Cost Automobile (CLCA) Plan of Operations — Notice File Number Z2022–0510–08 .......................................................................... 570 TITLE 10.

DEPARTMENT OF FINANCIAL PROTECTION AND INNOV ATION Consumer Financial Protection Law (CCFPL) Consumer Complaints and Inquiries — Notice File Number Z2022–0509–02 ................................................................ 573 TITLE 14. FISH AND GAME COMMISSION Sport Fishing Updates — Notice File Number Z2022–0509–01 ........................................... 577 (Continued on next page)

TITLE 16. LANDSCAPE ARCHITECTS TECHNICAL COMMITTEE/ ARCHITECTS BOARD Disciplinary Guidelines — Notice File Number Z2022–0505–01 .......................................... 580 TITLE 22.

DEPARTMENT OF TOXIC SUBSTANCES CONTROL Safer Consumer Products Regulations –– Listing Motor Vehicles Containing N–(1,3–Dimethylbutyl)–N'–phenyl–p–phenylenediamine (6PPD) as a Priority Product — Notice File Number Z2022–0510–09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 586 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2022–091–001–R1, South Fork Floodplain Restoration Phase III Project, Siskiyou ............................................................... 593 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Mindego Creek Fish Passage Project, Tracking Number 1653–2022–094–001–R3, San Mateo County ........................................... 595 FISH AND GAME COMMISSION Notice of Location of Hearing for June 15–16, 2022, Meeting ............................................ 595 FISH AND GAME COMMISSION Final Consideration of Petitions to List Western Joshua Tree and Milo Baker’ s Lupine ......................... 596

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 596 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 557 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters . TITLE 2. STATE PERSONNEL BOARD Notice is hereby given that the State Personnel Board (Board) proposes to amend Sections 67.6 and 67.7 in order to clarify the whistleblower retaliation complaint process. (Cal. Code Regs., title 2, §§ 67.6, 67.7.) PUBLIC HEARING A public hearing regarding the proposed regulatory action will be held on July 6, 2022, at 10:00 a.m. via WebEx.

In order to participate in the public hearing, please see the following options: ● Via Video (Online) You may click, or copy and paste into your web browser, the following link: https://spb– meetings.webex.com/spb–meetings/j.php?

MTID=m9b6731f378dee43a290f37b448ea4782 Then enter the following information to gain ac - cess to the hearing: Meeting Number: 2555 488 9635 Meeting password: 33F9GbqXAWM ● Via Telephone You may also participate by dialing the phone number first and then the participant code listed below: Phone Number: +1–408–418–9388 Participant Code: 25554889635 The telephonic conference to be used for the public hearing is accessible to persons with mobility impair - ment.

Persons with sight or hearing impairments are requested to notify the contact person for these hear - ings (listed below) in order to make specific arrange - ments, if necessary. WRITTEN COMMENT PERIOD Any interested party, or his or her duly authorized representative, may submit written comments relevant to the proposed regulatory action to the contact person listed below. Lori Gillihan, Chief Policy Division State Personnel Board 801 Capitol Mall Sacramento, CA 95814 Email: lori.gillihan@spb.ca.gov The written comment period closes on July 5, 2022.

Only written comments received by that time shall be reviewed and considered by the Board before it adopts, amends, or repeals a regulation. AUTHORITY AND REFERENCE The Board proposes to amend Sections 67.6 and 67.7 of Title 2,

Chapter 1 of the California Code of Regulations pursuant to the authority vested in it by the California Constitution,

article 7,

section 3, and Government Code

section 18701. The proposed reg - ulation will implement, interpret, and make specific the provisions of Government Code sections 8547.8, 18670, 18671, 18671.1, 18675, 18710, 19572, 19574, 19575, 19582, 19583.5, 19590, 19592, and 19683. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board is a constitutional body responsible for enforcing California’s civil service statutes. (Cal. Const., art. VII, §§ 1, subdivision (b), & 3; Gov.

Code, § 18660.) In addition, the Board, by majority vote of all its members, prescribes probationary periods and classifications, adopts other rules authorized by stat - ute, and reviews disciplinary actions imposed against state employees. (Ibid .) Regulations adopted by the Board are exempt from the Administrative Procedure Act (APA), except as expressly specified. (Gov. Code, §§ 18211, 18215, & 18216.) Regulations concerning Board hearing proce- dures related to disciplinary and merit matters are not exempt from the APA. (Gov.

Code, § 18215, subdivi- sion (a)(2).) The purpose of this regulation is to clarify the whis- tleblower retaliation complaint process in order to en- sure conformity with existing Government Code sec - tion 19683. Specifically, the proposed changes make clear that any supervisor, manager, employee, or appointing power that the Board’s Executive Officer (EO) finds committed retaliation has a right to appeal the Notice of Findings (NOF) by requesting a full evidentia - ry hearing whether or not they were a named or un - named party to the complaint. Moreover, Government Code

section 19683 provides that named, party retal - iators are subject to discipline following a final deter - mination of the Board, while unnamed, non–party re - taliators should receive a Notice of Adverse Action

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 558 (NOAA) from their appointing power after being noti- fied by the Board. (Gov. Code 19683, subdivision (e).) As such, the proposed changes to

section 67.7 now align with the current statutory framework. The benefits of this regulatory change include: (1) clarity for all parties to a whistleblower retaliation complaint regarding the complaint process and their appeal rights and (2) conformity with existing statu - tory framework to ensure the appropriate actions are taken by the Board so that unnamed, non–party retal - iators may exhaust their full appeal rights.

As a result, the adoption of these regulations, will have a positive impact on the general health and welfare of California residents in that the benefits of this regulatory action create a fair, equitable, and consistent process for the civil service hiring process. In reviewing other state regulations, the Board found that the instant regulatory proposal is consistent and compatible with existing state regulations.

FISCAL IMPACT ON PUBLIC AGENCIES ● Mandate on local agencies and school districts: None. ● Cost to any local agency or school district that must be reimbursed in accordance with Government Code sections 17500 through 17630: None. ● Cost or savings to any State agency: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the State: None SIGNIFICANT EFFECT ON HOUSING COSTS None.

ECONOMIC IMPACT ON BUSINESS ● Significant, statewide adverse economic impact directly affecting businesses including the abili - ty of California businesses to compete with busi - nesses in other states: None. ● Effect on small business: None. The proposed regulations only set standards related to state civil service appeals procedures. Accordingly, it has been determined that the adoption of the proposed regulations would not affect small busi- nesses in any way.

COST IMPACT ON A REPRESENTATIVE PRIVATE PERSON OR BUSINESS The agency is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action since the regulatory change only impacts the Board’s appeals procedures. RESULTS OF ECONOMIC IMPACT ASSESSMENT Adoption of these regulations will not: 1. Create or eliminate jobs within California. 2. Create new businesses or eliminate existing busi- nesses within California. 3. Affect the expansion of businesses currently do - ing business within California. 4.

Affect worker safety or the state’s environment. The adoption of these regulations, however, will have a positive impact on the general health and wel - fare of California residents in that the benefits of this regulatory action create a fair, equitable, and consis - tent process for the civil service hiring process.

CONSIDERATION OF ALTERNATIVES The Board has initially determined that no reason - able alternatives it has considered or that have been otherwise identified and brought to the attention of the Board would be more effective in carrying out the purposes for which the instant action is proposed or would be as effective and less burdensome to affect - ed private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

CONTACT PERSONS Inquiries concerning the proposed regulatory ac - tion, including questions regarding procedure, com - ments, or the substance of the proposal, may be di - rected to: Lori Gillihan, Chief Policy Division State Personnel Board 801 Capitol Mall Sacramento, CA 95814 Phone: (916) 651–1043 Email: lori.gillihan@spb.ca.gov The backup contact person for these inquiries is:

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 559 Carlos Gomez, Analyst Policy Division State Personnel Board 801 Capitol Mall Sacramento, CA 95814 Phone: (916) 651–8350 Email: carlos.gomez@spb.ca.gov Please direct requests for copies of the proposed text of the regulations, the initial statement of reasons, or other information upon which the rulemaking is based to Policy Division Chief, Lori Gillihan, at the above address. AVAILABILITY OF RULEMAKING FILE The Board is maintaining a rulemaking file for the proposed regulatory action, which as of the date of this notice contains the following: 1.

A copy of the text of the regulations for which the adoption is proposed in strikeout and underline; 2. A copy of this notice and initial statement of rea- sons for the proposed adoption; and 3. Any factual information upon which the pro - posed rulemaking is based. If written comments, data or other factual infor - mation, studies or reports are received, they will be added to the rulemaking file. The file is available for public inspection during normal working hours at the State Personnel Board, 801 Capitol Mall, Sacramento, CA 95814.

Items 1 through 3 are also available on the Board’s website at www.spb.ca.gov under “What’s New?” Copies may be obtained by contacting the person via the address, email, or phone number listed above. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Board may adopt the proposed regula - tions substantially as described in this notice.

If the Board makes modifications that are sufficiently related to the originally proposed text, it will make the mod - ified text (with the changes clearly indicated) avail - able to the public for at least 15 days before the Board adopts the regulations as revised. Please send requests for copies of any modified regulations to the atten - tion of the person at the address indicated above. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available to the public.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS It is anticipated that the proposed regulations will be filed with the Office of Administrative Law and shall include a Final Statement of Reasons. Copies of the Final Statement of Reasons may be obtained from the contact person when it becomes available. 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 on the Board’s website at www.spb.ca.gov under “What’s New?” TITLE 10.

DEPARTMENT OF INSURANCE REG–2022–00001 NOTICE OF PROPOSED ACTION AND NOTICE OF PUBLIC HEARING REGARDING COMMERCIAL AUTOMOBILE INSURANCE PROCEDURE RATES FOR THE CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN SUBJECT OF HEARING California’s Insurance Commissioner will hold a public hearing to consider the application of the California Automobile Assigned Risk Plan (“CAARP” or “Plan”) for approval of increased rates for the five commercial sub–lines for the Commercial Automobile Insurance Procedure (“CAIP”).

AUTHORITY AND REFERENCE TO ADOPT RATES The Commissioner will consider the application pur- suant to the authority vested in him by

Section 11620 of the California Insurance Code. The Commissioner’s decision on the application will implement, interpret, or make specific the requirements of Insurance Code

Section 11624(e). Government Code §11340.9(

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 560 with respect to the application at the following date, time, and place: Date: July 13, 2022 Time: 1:00 p.m. Place: Department of Insurance Hearing Room 1901 Harrison Street 3rd Floor #3000 Oakland, CA 94612 The hearing will continue on the date noted above until all testimony has been submitted or un- til 5:00 p.m., whichever is earlier. ACCESS TO HEARING ROOM The facilities to be used for the public hearing are accessible to persons with mobility impairments.

Persons with sight or hearing impairments are re - quested to notify the contact person (listed below) for this hearing in order to make special arrangements, if necessary. WRITTEN AND/OR ORAL COMMENTS: AGENCY CONTACT PERSON All persons are invited to submit written comments to the Insurance Commissioner on the application pri- or to the public comment deadline.

Comments should be addressed to the contact person for this proceeding: Contact Person: Michael Riordan, Attorney California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 riordanm@insurance.ca.gov Telephone: (415) 538–4226 Facsimile: (510) 238–7830 The backup agency contact person for this proceed- ing will be: Elsa Carre, Legal Analyst California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 Elsa.Carre@insurance.ca.gov Telephone: (415) 538–4461 All persons are invited to present oral and/or written testimony at the scheduled public hearing.

DEADLINE FOR WRITTEN COMMENTS All written materials, unless submitted at the hear - ing, must be received by the Insurance Commissioner at the address listed above no later than 5:00 p.m. on July 13, 2022. Any written materials received after that time will not be considered. Written comments may also be submitted to the contact person by e–mail or facsimile transmission. Please select only one meth- od to submit written comments.

ADVOCACY OR WITNESS FEES Persons or groups representing the interest of con - sumers may be entitled to reasonable advocacy fees, witness fees, and other reasonable expenses, in ac - cordance with the provisions of California Code of Regulations, Title 10, Sections 2662.1–2662.6 in connection with their participation in this matter. Interested persons must submit a Petition to Participate, as specified in California Code of Regulations, Title 10,

Section 2661.4. The Petition to Participate must be submitted to the Commissioner at the Office of the Public Advisor at the following address: California Department of Insurance Office of the Public Advisor 300 Spring Street 12th Floor Los Angeles, CA 90013 Telephone: (213) 346–6635 A copy of the Petition to Participate must also be submitted to the contact person for this hearing (list - ed above). For further information, please contact the Office of the Public Advisor. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Pursuant to California Insurance Code

Section 11624, the Commissioner establishes rates to be charged to those obtaining commercial automobile coverage through CAIP.

Section 11624 provides: “Premium charges for the plan shall not be excessive, inadequate, nor unfairly discriminatory, and shall be actuarially sound so as to result in no subsidy of the plan.” Title 10, California Code of Regulations, §2498.5 referenc- es the commercial automobile rate manual, which is approved by the Commissioner but not printed in full in the California Code of Regulations. The Commissioner is holding the hearing refer - enced above to accept comments on CAARP’s recent rate application.

CAARP has proposed rate changes for five CAIP sub–lines, amounting to an overall aver- age 13.1 percent rate increase. The five sub–lines are Trucks, Tractor and Trailers; Taxis, Limousines and Van Pools; All Buses Combined; Zone Rated Risks and Employers Non–Ownership Liability.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 561 Further details appear in the rate application on file with the Commissioner and available for review as set forth below. COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes. LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter - mined that the application will not result in any new program mandates on local agencies or school districts.

MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 THROUGH 17630 The Insurance Commissioner has initially deter - mined that the application will not result in any cost or significant savings to any local agency or school district for which

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code would require reimbursement, or in other nondiscretionary costs or savings to local agencies. COST OR SAVINGS TO ANY STATE AGENCY; FEDERAL FUNDING The Commissioner has determined that the applica- tion will result in no cost or savings to any state agen- cy and no cost or savings in federal funding to the state.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES AND THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE CAARP is proposing overall rate increases for Trucks, Tractor and Trailers; Taxis, Limousines and Van Pools; All Buses Combined; Zone Rated Risks and Employers Non–Ownership Liability. Although the number of commercial auto applications placed by CAARP is small the proposed rate changes could have a statewide economic impact directly affecting businesses, including the ability of California busi - nesses to compete with businesses in other states.

The proposed rate changes could also impact compe - tition or competitiveness. The proposal could also af - fect the creation or elimination of jobs in California, the creation of new businesses, the elimination of ex - isting businesses, or the expansion of businesses in California. However, California Insurance Code sec - tion 11624(

e) requires that premium charges for the plan shall be actuarially sound so as to result in no subsidy of the plan by the voluntary market. Therefore, if and to the extent that CAARP is able to demon - strate that certain existing rates are no longer actuar - ially sound and that rate increases are warranted, the Commissioner is required to approve increased rates. Of course, the Commissioner also recognizes that sec- tion 11624(

e) requires that rates not be excessive, and the Commissioner will not approve an increase that re- sults in excessive rates. COST IMPACTS ON PRIVATE PERSONS OR ENTITIES The Insurance Commissioner has determined that there could be potential cost impacts on business - es directly affected by the proposed rate increases. Although the rate application involves commercial au- tomobile insurance rates, to the extent a rate increase impacts business, it could also impact private persons employed by those businesses.

The rate increase could also impact private persons wishing to purchase goods or services from businesses if the price of goods or services is increased to cover the increased cost of in - surance coverage. IMPACT ON HOUSING COSTS The Insurance Commissioner has initially deter - mined that the application will not affect housing costs. IMPACT ON SMALL BUSINESS The proposed rate changes could affect small businesses. SPECIFIC TECHNOLOGIES OR EQUIPMENT The application would not mandate the use of spe - cific technologies or equipment.

ALTERNATIVES The Insurance Commissioner must determine that no reasonable alternative considered by the agency, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the action is pro - posed or would be as effective and less burdensome to affected private persons than the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 562 PLAIN ENGLISH The application describing the proposal is in plain English. However, the application itself is based on technical actuarial principles. TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared an Initial Statement of Reasons addressing the proposed rate application in addition to the Informative Digest included in this no- tice.

The Initial Statement of Reasons, this Notice of Proposed Action and Text of Regulations are available for inspection or copying, and will be provided at no charge upon request to the contact person listed above. Further details on CAARP’s proposal are on file with the Commissioner and available for review as set forth below. FINAL STATEMENT OF REASONS A Final Statement of Reasons will be prepared at the conclusion of this proceeding. Upon written or e– mail request to the contact person listed above, the Final Statement of Reasons will be made available for inspection and copying once it has been prepared.

A copy of the Final Statement of Reasons will also be posted on the Department’s web site. ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or di - rect questions about CAARP’s application, the state - ment of reasons, and any supplemental information contained in the rulemaking file by contacting the contact person listed above. By prior appointment , the rulemaking file is available for inspection at 1901 Harrison Street, Oakland, California 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday.

AUTOMATIC MAILING A copy of this Notice, including the Informative Digest is being sent to all persons on the Insurance Commissioner’s mailing list. AVAILABILITY OF DOCUMENTS ON THE INTERNET The Initial Statement of Reasons, proposed text, and this Notice of Proposed Action will be published on - line and may be accessed through the Department’s website at www.insurance.ca.gov.

AVAILABILITY OF MODIFIED TEXT OF REGULATIONS If the Department amends the application with changes that are sufficiently related to the original ap- plication, the Department will make the full text of the amended rates, with the changes clearly indicated, available to the public for at least 15 days before the date the Department adopts the amended rates. TITLE 10.

DEPARTMENT OF INSURANCE REG–2022–00002 NOTICE OF PROPOSED ACTION AND NOTICE OF PUBLIC HEARING REGARDING THE CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN PLAN OF OPERATIONS SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara will hold a public hearing to address the proposed amendments to the California Automobile Assigned Risk Plan (CAARP) Plan of Operations. AUTHORITY TO ADOPT RULES AND PROCEDURES AND REFERENCE The Commissioner will consider the proposed changes pursuant to the authority vested in him by

Section 11620 of the California Insurance Code. The Commissioner’s decision on the proposed changes will implement, interpret, or make specific the require - ments of Insurance Code

Section 11624(e). Insurance Code

Section 11620(

c) applies to this proceeding. HEARING DATE AND LOCATION Notice is hereby given that a public hearing will be held to permit all interested persons the opportunity to present statements or arguments, orally or in writing, with respect to the application at the following date, time, and place: Date: July 13, 2022 Time: 1:00 p.m. Place: Department of Insurance Hearing Room 1901 Harrison Street 3rd Floor #3000 Oakland, CA 94612

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 563 The hearing will continue on the date noted above until all testimony has been submitted or un- til 5:00 p.m., whichever is earlier. ACCESS TO HEARING ROOM The facilities to be used for the public hearing are accessible to persons with mobility impairments. Persons with sight or hearing impairments are re - quested to notify the contact person (listed below) for this hearing in order to make special arrangements, if necessary.

WRITTEN AND/OR ORAL COMMENTS: AGENCY CONTACT PERSON All persons are invited to submit written comments to the Insurance Commissioner on the application pri- or to the public comment deadline.

Comments should be addressed to the contact person for this proceeding: Contact Person: Michael Riordan, Attorney California Department of Insurance Auto Enforcement Bureau 1901 Harrison Street 4th Floor Oakland, CA 94612 riordanm@insurance.ca.gov Telephone: (415) 538–4226 Facsimile: (510) 238–7830 The backup agency contact person for this proceed- ing will be: Elsa Carre, Legal Analyst California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street 4th Floor Oakland, CA 94612 Elsa.Carre@insurance.ca.gov Telephone: (415) 538–4461 All persons are invited to present oral and/or written testimony at the scheduled public hearing.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CA 22–01 The minimum policy premium charged for risks written under the Commercial Automobile Insurance Procedure (CAIP) is $250 per auto or per policy, whichever is greater. In order to be consistent with other Plans, the minimum policy premium rule and sections in the Manual of Rules and Rates should be revised to eliminate the per auto charge. CAARP proposes eliminating the $250 per auto minimum premium alternative for risks written under CAIP and establishing a consistent minimum premi - um of $250 per policy for all CAIP policies.

CA 22–02 The existing CAIP servicing carrier will cease writ- ing new business on August 31, 2022. On September 1, 2022, Automobile Insurance Plan Service Office, (“AIPSO”), with an agreement with a licensed insur - ance company, has been approved by governing bod - ies to issue and service Plan commercial auto policies for 44 CAIP states. The Plan of Operation must be amended to provide the Plan rules needed to facilitate the transition to a countrywide service provider.

CAARP proposes CAIP services will be provided through the use of a licensed insurance company in whose name the policies will be written and will con - tract with a qualified claims vendor to handle claims. The existing CAIP servicing carrier will continue to provide policyholder services and handle claims for their in–force policies. Servicing carrier withdrawal

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 564 from CAIP will be conducted in accordance with Plan rules. There is no change in the operation of the CAIP mechanism. Premiums, expenses, and losses will be pooled through CAIP and the operating results shared among companies writing other than private passen - ger automobile insurance in the voluntary market. The operating results will continue to be apportioned to member companies through assessments and member companies will continue to book their shares of CAIP experience as assumed reinsurance. CAIP will con - tinue to maintain 11 open policy years in accordance with NAIC requirements. CA 22–04

Section 1871.2 of the California Insurance Code was amended January 1, 2022. The language in the Plan of Operations and application do not reflect the amended statute. CAARP proposes to revise the fraudulent infor - mation statement found in the Plan of Operations and application and introduce a statement in the pol - icy change request form to correspond to amended

Section 1871.2 of the Insurance Code. COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes. LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter - mined that the application will not result in any new program mandates on local agencies or school districts. MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 THROUGH 17630 The Insurance Commissioner has initially deter - mined that the application will not result in any cost or significant savings to any local agency or school district for which

Part 7 (commencing with

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES AND THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE The Commissioner has initially determined that the proposal will not have a significant statewide ad - verse economic impact directly affecting businesses, including the ability of California businesses to com - pete with businesses in other states. This proposal will have no effect on the creation or elimination of jobs in California, the creation of new businesses, the elimi - nation of existing businesses in California, or the ex - pansion of businesses in California.

COST IMPACTS ON PRIVATE PERSONS OR ENTITIES The Insurance Commissioner has initially deter - mined that the proposal will not affect private person or entities. IMPACT ON HOUSING COSTS The Insurance Commissioner has initially deter - mined that the application will not affect housing costs. IMPACT ON SMALL BUSINESS The proposed rate changes could affect small businesses. SPECIFIC TECHNOLOGIES OR EQUIPMENT The application would not mandate the use of spe - cific technologies or equipment.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 565 TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared an Initial Statement of Reasons addressing the proposed rate application in addition to the Informative Digest included in this notice. The Initial Statement of Reasons, Notice of Proposed Action and Regulation Text are available for inspection or copying, and will be provided at no charge upon request to the contact person listed above. Further details on CAARP’s proposal are on file with the Commissioner and available for review as set forth below.

FINAL STATEMENT OF REASONS A Final Statement of Reasons will be prepared at the conclusion of this proceeding. Upon written or e– mail request to the contact person listed above, the Final Statement of Reasons will be made available for inspection and copying once it has been prepared. A copy of the Final Statement of Reasons will also be posted on the Department’s web site.

ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or di - rect questions about CAARP’s application, the state - ment of reasons, and any supplemental informa - tion contained in the rulemaking file by contacting the contact person listed above. By prior appoint - ment, the rulemaking file is available for inspection at 1901 Harrison Street, Oakland CA 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday. AUTOMATIC MAILING A copy of this Notice, including the Informative Digest is being sent to all persons on the Insurance Commissioner’s mailing list.

AVAILABILITY OF DOCUMENTS ON THE INTERNET The Initial Statement of Reasons, proposed text, and this Notice of Proposed Action will be published on - line and may be accessed through the Department’s website at www.insurance.ca.gov. AVAILABILITY OF MODIFIED TEXT OF REGULATIONS If the Department amends the application with changes that are sufficiently related to the original ap- plication, the Department will make the full text of the amended rates, with the changes clearly indicated, available to the public for at least 15 days before the date the Department adopts the amended rates. TITLE 10.

DEPARTMENT OF INSURANCE REG–2022–00007 NOTICE OF PROPOSED ACTION AND NOTICE OF PUBLIC HEARING FOR THE CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN SIMPLIFIED MANUAL OF RULES AND RATES SUBJECT OF HEARING The California Insurance Commissioner will hold a public hearing to consider the application of the California Automobile Assigned Risk Plan (“CAARP”) to increase private passenger automobile rates referenced in California Code of Regulations, Title 10,

Section 2498.5. AUTHORITY AND REFERENCE TO ADOPT RATES The Commissioner will consider the application pur- suant to the authority vested in him by

Section 11620 of the California Insurance Code. The Commissioner’s decision on the application will implement, interpret, or make specific the requirements of Insurance Code

Section 11624(e). Government Code §11340.9(

g) ap - plies to this proceeding. HEARING DATE AND LOCATION Notice is hereby given that a public hearing will be held to permit all interested persons the opportunity to present statements or arguments, orally or in writing, with respect to the application at the following date, time, and place: Date: July 13, 2022 Time: 1:00 p.m. Place: Department of Insurance Hearing Room 1901 Harrison Street 3rd Floor #3000 Oakland, CA 94612 The hearing will continue on the date noted above until all testimony has been submitted or un- til 5:00 p.m., whichever is earlier.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 566 ACCESS TO HEARING ROOM The facilities to be used for the public hearing are accessible to persons with mobility impairments. Persons with sight or hearing impairments are re - quested to notify the contact person (listed below) for this hearing in order to make special arrangements, if necessary. WRITTEN AND/OR ORAL COMMENTS: AGENCY CONTACT PERSON All persons are invited to submit written comments to the Insurance Commissioner on the application pri- or to the public comment deadline.

Comments should be addressed to the contact person for this proceeding: Contact Person: Michael Riordan, Attorney California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 riordanm@insurance.ca.gov Telephone: (415) 538–4226 Facsimile: (415) 904–5490 The backup agency contact person for this proceed- ing will be: Elsa Carre, Legal Analyst California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 Elsa.Carre@insurance.ca.gov Telephone: (415) 538–4461 All persons are invited to present oral and/or written testimony at the scheduled public hearing.

DEADLINE FOR WRITTEN COMMENTS All written materials, unless submitted at the hear - ing, must be received by the Insurance Commissioner at the address listed above no later than 5:00 p.m. on, July 13, 2022. Any written materials received af - ter that time will not be considered. Written comments may also be submitted to the contact person by e–mail or facsimile transmission. Please select only one meth- od to submit written comments.

Section 11624, the Commissioner establishes rates to be charged to those obtaining private passenger automobile cover - age through policies assigned through the California Automobile Assigned Risk Plan (“CAARP”).

Section 11624 provides: “Premium charges for the plan shall not be excessive, inadequate, nor unfairly discrimina - tory, and shall be actuarially sound so as to result in no subsidy of the plan.” Title 10, California Code of Regulations, §2498.5 references the private passen - ger automobile rate manual, which is approved by the Commissioner but not printed in full in the California Code of Regulations. The Commissioner is holding the hearing refer - enced above to accept comments on CAARP’s recent rate application. CAARP has proposed an 8.3 percent rate increase.

Further details appear in the rate application on file with the Commissioner and available for review as set forth below. COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes. LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter - mined that the application will not result in any new program mandates on local agencies or school districts.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 567 MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 THROUGH 17630 The Insurance Commissioner has initially deter - mined that the application will not result in any cost or significant savings to any local agency or school district for which

Part 7 (commencing with

COST IMPACT ON PRIVATE PERSONS OR ENTITIES The Insurance Commissioner has initially deter - mined that the proposal will not affect private person or entities. IMPACT ON HOUSING COSTS The Insurance Commissioner has initially deter - mined that the application will not affect housing costs. IMPACT ON SMALL BUSINESS The proposed rate changes could affect small businesses. SPECIFIC TECHNOLOGIES OR EQUIPMENT The application would not mandate the use of spe - cific technologies or equipment.

TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared an Initial Statement of Reasons addressing the proposed rate application in addition to the Informative Digest included in this notice. The Initial Statement of Reasons, Notice of Proposed Action and Regulation Text are available for inspection or copying, and will be provided at no charge upon request to the contact person listed above. Further details on CAARP’s proposal are on file with the Commissioner and available for review as set forth below.

ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or di - rect questions about CAARP’s application, the state - ment of reasons, and any supplemental informa - tion contained in the rulemaking file by contacting the contact person listed above. By prior appoint - ment, the rulemaking file is available for inspection at 1901 Harrison Street Oakland, CA 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 568 AUTOMATIC MAILING A copy of this Notice, including the Informative Digest is being sent to all persons on the Insurance Commissioner’s mailing list. AVAILABILITY OF DOCUMENTS ON THE INTERNET The Initial Statement of Reasons, proposed text, and this Notice of Proposed Action will be published on - line and may be accessed through the Department’s website at www.insurance.ca.gov.

DEPARTMENT OF INSURANCE REG–2022–00008 NOTICE OF PROPOSED ACTION AND NOTICE OF PUBLIC HEARING FOR THE CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN SIMPLIFIED MANUAL OF RULES AND RATES SUBJECT OF HEARING California’s Insurance Commissioner will hold a public hearing to consider the application of the California Automobile Assigned Risk Plan (“CAARP” or “Plan”) for changes to the Simplified Manual of Rules and Rates. AUTHORITY AND REFERENCE TO ADOPT RATES The Commissioner will consider the application pur- suant to the authority vested in him by

Section 11620 of the California Insurance Code. The Commissioner’s decision on the application will implement, interpret, or make specific the requirements of Insurance Code

Section 11624(e). Government Code §11340.9(

ACCESS TO HEARING ROOM The facilities to be used for the public hearing are accessible to persons with mobility impairments. Persons with sight or hearing impairments are re - quested to notify the contact person (listed below) for this hearing in order to make special arrangements, if necessary. WRITTEN AND/OR ORAL COMMENTS: AGENCY CONTACT PERSON All persons are invited to submit written comments to the Insurance Commissioner on the application pri- or to the public comment deadline.

Comments should be addressed to the contact person for this proceeding: Contact Person: Michael Riordan, Attorney California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 riordanm@insurance.ca.gov Telephone: (415) 538–4226 Facsimile: (415) 904–5490 The backup agency contact person for this proceed- ing will be: Elsa Carre, Legal Analyst California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 Elsa.Carre@insurance.ca.gov Telephone: (415) 538–4461 All persons are invited to present oral and/or written testimony at the scheduled public hearing.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 569 DEADLINE FOR WRITTEN COMMENTS All written materials, unless submitted at the hear - ing, must be received by the Insurance Commissioner at the address listed above no later than 5:00 p.m. on, July 13, 2022. Any written materials received af - ter that time will not be considered. Written comments may also be submitted to the contact person by e–mail or facsimile transmission. Please select only one meth- od to submit written comments.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CA 22–01 A The minimum policy premium charged for risks written under the Commercial Automobile Insurance Procedure (CAIP) is $250 per auto or per policy, whichever is greater. In order to be consistent with other Plans, CAARP proposes eliminating the $250 per auto minimum premium alternative for risks writ - ten under CAIP and establishing a consistent mini - mum premium of $250 per policy for all commercial applications. COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes.

LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter - mined that the application will not result in any new program mandates on local agencies or school districts. MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 THROUGH 17630 The Insurance Commissioner has initially deter - mined that the application will not result in any cost or significant savings to any local agency or school district for which

Part 7 (commencing with

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 570 IMPACT ON SMALL BUSINESS The proposed rate changes will not affect small businesses. SPECIFIC TECHNOLOGIES OR EQUIPMENT The application would not mandate the use of spe - cific technologies or equipment.

ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or di - rect questions about CAARP’s application, the state - ment of reasons, and any supplemental information contained in the rulemaking file by contacting the contact person listed above. By prior appointment , the rulemaking file is available for inspection at 1901 Harrison Street, Oakland, California 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday. AUTOMATIC MAILING A copy of this Notice, including the Informative Digest is being sent to all persons on the Insurance Commissioner’s mailing list.

DEPARTMENT OF INSURANCE REG–2022–00009 NOTICE OF PROPOSED ACTION AND NOTICE OF PUBLIC HEARING REVISIONS TO CALIFORNIA LOW COST AUTOMOBILE PLAN OF OPERATION SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara will hold a public hearing to address the proposed amendments to the California Low Cost Automobile (“CLCA”) Plan of Operations. AUTHORITY TO ADOPT RULES AND PROCEDURES AND REFERENCE The Commissioner will consider the proposed changes pursuant to the authority vested in him by

Section 11620 of the California Insurance Code. The Commissioner’s decision on the proposed chang - es will implement, interpret, or make specific the

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 571 requirements of Insurance Code

Section 11624(e). Insurance Code

Section 11620(

c) applies to this proceeding. HEARING DATE AND LOCATION Notice is hereby given that a public hearing will be held to permit all interested persons the opportunity to present statements or arguments, orally or in writing, with respect to the proposed changes at the following date, time, and place: Date: July 13, 2022 Time: 1:00 p.m. Place: Department of Insurance Hearing Room 1901 Harrison Street 3rd Floor #3000 Oakland, CA 94612 The hearing will continue on the date noted above until all testimony has been submitted or un- til 5:00 p.m., whichever is earlier.

Comments should be addressed to the contact person for this proceeding: Contact Person: Michael Riordan, Attorney California Department of Insurance Auto Enforcement Bureau 1901 Harrison Street 4th Floor Oakland, CA 94612 riordanm@insurance.ca.gov Telephone: (415) 538–4226 Facsimile: (510) 238–1830 The backup agency contact person for this proceed- ing will be: Elsa Carre, Legal Analyst California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street 4th Floor Oakland, CA 94612 Elsa.Carre@insurance.ca.gov Telephone: (415) 538–4461 All persons are invited to present oral and/or written testimony at the scheduled public hearing.

DEADLINE FOR WRITTEN COMMENTS All written materials, unless submitted at the hear - ing, must be received by the Insurance Commissioner at the address listed above no later than 5:00 p.m. on, July 13, 2022. Any written materials received af - ter that time will not be considered. Written comments may also be submitted to the contact person by e–mail or facsimile transmission. Please select only one meth- od to submit written comments.

Section 1871.2 of the California Insurance Code was amended January 1, 2022. The language in the Plan of Operations and application do not reflect the amended statute. CAARP proposes to revise the fraudulent informa - tion statement found in the Plan of Operations and ap- plication and introduce a statement in the policy change

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 572 request form to correspond to amended

Section 1871.2 of the Insurance Code. COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes. LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter - mined that the proposal will not result in any new pro- gram mandates on local agencies or school districts. MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 THROUGH 17630 The Insurance Commissioner has initially deter - mined that the proposal will not result in any cost or significant savings to any local agency or school district for which

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code would require reimbursement, or in other nondiscretionary costs or savings to local agencies. COST OR SAVINGS TO ANY STATE AGENCY; FEDERAL FUNDING The Commissioner has determined that the pro - posed regulation will result in no cost or savings to any state agency and no cost or savings in federal funding to the state.

COST IMPACT ON PRIVATE PERSONS OR ENTITIES The Insurance Commissioner has initially deter - mined that the proposal will not affect private person or entities. IMPACT ON HOUSING COSTS The Insurance Commissioner has initially deter - mined that the proposal will not affect housing costs. IMPACT ON SMALL BUSINESS The Insurance Commissioner has initially deter - mined that the proposal will not affect small business. SPECIFIC TECHNOLOGIES OR EQUIPMENT The Insurance Commissioner has initially deter - mined that specific technologies or equipment will be needed.

ALTERNATIVES The Insurance Commissioner must determine that no reasonable alternative considered by the agency, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the action is pro - posed or would be as effective as and less burdensome to affected private persons than the proposed action. PLAIN ENGLISH The proposed changes describing CAARP’s pro - posals are in plain English.

TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared an Initial Statement of Reasons addressing the proposed amendments in addition to the Informative Digest included in this notice. The Initial Statement of Reasons, Notice of Proposed Action and Text of Regulations are available for inspection or copying, and will be provided at no charge upon request to the contact person listed above. Further details on CAARP’s proposal are on file with the Commissioner and available for review as set forth below.

FINAL STATEMENT OF REASONS A Final Statement of Reasons will be prepared at the conclusion of this proceeding. Upon written or

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 573 e–mail request to the contact person listed above, the Final Statement of Reasons will be made available for inspection and copying once it has been prepared. A copy of the Final Statement of Reasons will also be posted on the Department’s web site. ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or di - rect questions about CAARP’s proposed amendments, the statement of reasons, and any supplemental infor - mation contained in the rulemaking file by contact - ing the contact person listed above.

By prior appoint- ment, the rulemaking file is available for inspection at 1901 Harrison Street Oakland, CA 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday. AUTOMATIC MAILING A copy of this Notice, including the Informative Digest is being sent to all persons on the Insurance Commissioner’s mailing list. AVAILABILITY OF DOCUMENTS ON THE INTERNET The Initial Statement of Reasons, proposed text, and this Notice of Proposed Action will be published on - line and may be accessed through the Department’s website at www.insurance.ca.gov.

AVAILABILITY OF MODIFIED TEXT OF REGULATIONS If the Department amends the proposed regulations with changes that are sufficiently related to the origi - nal text, the Department will make the full text of the amended regulations, with the changes clearly indicat- ed, available to the public for at least 15 days before the date the Department adopts the amended regulations. TITLE 10.

D EPARTMENT OF FINANCIAL PROTECTION AND INNOV ATION NOTICE OF PROPOSED RULEMAKING UNDER THE CALIFORNIA CONSUMER FINANCIAL PROTECTION LAW: CONSUMER COMPLAINTS AND INQUIRIES (PRO 03–21) The Department of Financial Protection and Innovation (“Department”) proposes to adopt

Article 5, including sections 1070, 1071, 1072, 1073, 1074, and 1075, of Title 10,

Chapter 3, Subchapter 4 of the California Code of Regulations. The proposed regula- tions implement, interpret, and make specific Financial Code

section 90008, subdivisions (a), (b), and (d)(2) (

D) of the California Consumer Financial Protection Law (“CCFPL”) 1 administered by the Department. AUTHORITY Financial Code

section 90008. REFERENCE Financial Code

section 90008. PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed action but will hold one if any in- terested person or authorized representative makes a written request for a hearing to the Department’s des - ignated contact persons below, no later than 15 days prior to the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or authorized representative may submit written comments regarding this pro - posed regulatory action to the Department, addressed as follows, by postal or electronic mail: By Postal Mail Department of Financial Protection and I nnovation Attn: Sandra Navarro 300 South Spring Street, Suite 15513 Los Angeles, California 90013 By Electronic Mail Comments may be submitted electronically to regulations@dfpi.ca.gov with a copy to David.Bae@ dfpi.ca.gov. Please identify the comments as PRO 03– 21 in the subject line. Written comments may be submitted until July 5, 2022.

INFORMATIVE DIGEST Policy Statement and Specific Benefits Anticipated from Regulatory Action On September 25, 2020, Governor Newsom signed Assembly Bill 1864 2 establishing the CCFPL, 3 which 1 Financial (Fin.) Code, § 90000 et seq. 2 Stats. 2020,

chapter 157 (Assembly Bill 1864), § 7 , effective Jan. 1, 2021. 3 Fin. Code, § 90000 et seq.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 574 expanded the Department’s oversight authority to cov- er business activity it could not previously regulate in- cluding, but not limited to, debt collection, debt settle- ment, credit repair, check cashing, rent–to–own con - tracts, retail sales financing, consumer credit report - ing, and lead generation. 4 Among other things, the Legislature intended for the CCFPL to protect con - sumers from discrimination and unfair, deceptive, and abusive acts and practices by covered persons in con - nection with financial products and services.5 The proposed regulations adopt new rules to imple- ment, interpret, and make specific

section 90008, sub- divisions (a), (b), and (d)(2)(

D) of the CCFPL pertain- ing to consumer complaints and inquiries. Financial Code

section 90008, subdivision (

a) autho- rizes the Department to promulgate rules establishing reasonable procedures for covered persons to provide a timely response to consumers regarding complaints and inquiries. 6 The proposed rules would help protect consumers by ensuring covered persons have written policies and procedures in place regarding the han - dling of complaints and inquiries. Financial Code

section 90008, subdivision (

b) au- thorizes the Department to promulgate rules estab - lishing reasonable procedures for covered persons to provide a timely response to the Department concern- ing consumer complaints and inquiries. 7 The proposed rules would protect consumers by ensuring covered persons have policies and procedures in place with re- spect to the handling of requests from the Department regarding consumer complaints and inquiries. Financial Code

section 90008, subdivision (d)(2) (

D) permits covered persons to withhold nonpublic or confidential information, including confidential supervisory information, in response to a consum - er request to the covered person for information re - garding a consumer financial product or service. 8 The proposed rules would help clarify this statutory provi- sion for covered persons and consumers by defining the terms “nonpublic or confidential information” and “confidential supervisory information.” Anticipated Benefits of the Proposed Regulations: The broad objective of this regulatory action mir - rors the Legislature’s intent in enacting the CCFPL: to strengthen consumer protections by expanding the ability of the Department to improve accountability and transparency in the California financial system, provide consumer financial education, and protect 4 Sen.

Banking and Financial Institutions Com., Rep. on Assem. Bill Number 1864 (2019–2020 Reg. Sess.) as amended Aug. 25, 2020, p. 4. 5 Fin. Code, § 90000, subdivision (b)(3). 6 Fin. Code, § 90008, subdivision (a). 7 Fin. Code, § 90008, subdivision (b). 8 Fin.

Code, § 90008, subdivision (d)(2)(D). consumers from abusive financial practices, while pri- oritizing the prevention of unethical businesses from harming the most vulnerable populations. 9 The pro - posed regulations would achieve these benefits by re - quiring covered persons to have appropriate proce - dures to review, investigate, respond to, track, and report consumer complaints and inquiries.

Without these regulations, there would be no specific require - ments for covered persons to respond to complaints and inquiries, conduct meaningful investigations, or take appropriate steps to address issues raised by the consumer complaints and inquiries. Also, without these regulations, covered persons would not be sub - ject to enforcement action by the Department for vio - lating Financial Code

section 90008. 10 The specific benefits of these rules include enhanc - ing the quality of financial services and products of - fered, thereby improving the public perception of cov- ered persons, increasing the public’s trust in these fi - nancial products and services, and bringing more business to each covered person.

Summary of Existing Laws and Regulations, and Effect of Proposed Action Existing law requires the Department to promulgate rules establishing reasonable procedures for covered persons to provide a timely response to consumers, in writing where appropriate, regarding the consumer’s complaints against, or inquiries concerning, a covered person. 11 Existing law requires the Department to promul - gate rules requiring a covered person to provide a timely response, in writing where appropriate, to the Department concerning a consumer complaint or in - quiry, including steps that have been taken by the cov- ered person to respond to the complaint or inquiry of the consumer, responses received by the covered person from the consumer, and follow–up actions or planned follow–up actions by the covered person to respond to the complaint or inquiry of the consumer. 12 Under existing law, a covered person may not be re- quired to provide nonpublic or confidential informa - tion, including confidential supervisory information, in response to a consumer request for information concerning a consumer financial product or service. 13 To implement these statutory provisions, this pro - posed regulatory action: ● I dentifies entities that are exempt from the pro - posed rules; ● D efines terms used in the proposed rules; 9 Fin.

Code, § 90000, subdivision (a)(4). 10 Fin. Code, § 90008, subdivision (e). 11 Fin. Code, § 90008, subdivision (a). 12 Fin. Code, § 90008, subdivision (b). 13 Fin. Code, § 90008, subdivision (d)(2)(D).

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 575 ● E stablishes procedures for covered persons to re - spond to consumer complaints and to develop and implement written policies and procedures re - garding the initiation of complaints, the acknowl- edgment of receipt of complaints, the review and evaluation of complaints, the tracking of com - plaints, the response to complaints, the mainte - nance of a written record for each complaint, the administration of the complaint process without discrimination, and the reporting of complaints to the Department; ● E stablishes procedures for covered persons to re - spond to consumer inquiries and to develop and implement written policies and procedures re - garding the initiation of inquiries, the review and evaluation of inquiries, the response to inqui - ries, the retention of copies of written inquiries and responses, the tracking of inquiries, the ad - ministration of the inquiry process without dis - crimination, and the reporting of inquiries to the Department; ● E stablishes requirements for covered persons to develop and implement written policies and procedures for responding to requests from the Department regarding consumer complaints and inquiries; and ● D efines “nonpublic or confidential informa - tion,” “confidential supervisory information,” “personal information,” and “publicly available information.” Existing Federal Regulation or Statute Existing comparable federal regulations or statutes include: ● 1 2 U.S.C.

section 5534(b), ● 1 2 U.S.C.

section 5534(c)(1), ● 1 2 U.S.C.

section 5534(c)(2)(D), ● 1 2 C.F.R.

section 1070.2(f), and ● 1 2 C.F.R.

section 1070.2(i). However, there are no significant differences be - tween these federal laws, which apply to covered per- sons under Title X of the Dodd–Frank Wall Street Reform and Consumer Protection Act, 14 and the pro - posed action, which applies to covered persons under the CCFPL. Existing State Regulations The Department evaluated the proposed regula- tions for consistency and compatibility with existing state regulations and has concluded these are the only regulations pertaining to covered persons under the CCFPL. 14 Public Law Number 111–203 (July 21, 2010) 124 Stat. 1955.

Forms Incorporated by Reference This proposed regulatory action does not incorpo - rate any forms by reference. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Cost or savings to any state agency: $100,000 to im- plement the proposed regulations and $500,000 in on- going costs (these costs are absorbable within existing resources).

Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has made an initial determination this proposed regulatory action will not have a signif - icant, statewide, adverse, economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. EFFECT ON SMALL BUSINESS This regulatory action may impact small business.

COST IMPACTS ON REPRESENTATIVE PRIVATE PERSON OR BUSINESS The Department estimates a representative covered person could incur initial costs of $2,500 and annual costs thereafter of $4,000 to comply with this regula- tory action. Initial costs would include the cost to develop and implement written policies and procedures, forms, consumer disclosures, and templates for responses, record–keeping, and reporting. The covered person would also incur initial costs to revise their contracts with third parties.

Ongoing costs would include the cost to review, evaluate, and investigate complaints and inquiries, to monitor the operation of the complaint process, to track complaints and inquiries, to respond to com - plaints and inquiries, to maintain a written record for each complaint, and to collect information and prepare reports for the Department regarding complaints and inquiries. Most of these costs would be absorbable, however, because covered persons already receive,

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 576 evaluate, investigate, track, respond to, and monitor consumer complaints and inquiries to some degree. Ongoing costs would also include the cost to pro - vide a live representative to receive oral complaints and inquiries and provide status updates; howev - er, these costs should be absorbable as most covered persons already have staff on hand to perform these tasks, which are a part of everyday customer service.

Moreover, the regulations mitigate this cost by permit- ting covered persons to provide complainants and in - quirers with the option to leave a voicemail message for a call back within twenty–four hours, which should obviate the need to hire additional staff. The only other ongoing cost would be the cost to provide translation and

interpretation services to con - sumers for whom the covered person has negotiated a contract primarily in one of five languages; however, this cost would be absorbable because covered persons subject to this requirement would already be provid - ing translations to their customers.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS The Department has determined: ● The proposed action may create jobs but will not eliminate jobs within California; ● The proposed action will not create new busi - nesses or eliminate existing businesses within California; ● The proposed action will not affect the expan - sion of businesses currently doing business with- in California; and ● The proposed action will benefit the health and welfare of California residents, worker safety, and the state’s environment.

BUSINESS REPORTING REQUIREMENT The Department has determined it is necessary for the health, safety, or welfare of the people of this state that the reports required in this regulatory action ap - ply to businesses.

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.

AVAILABILITY OF THE NOTICE, STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND RULEMAKING FILE The Department will make the entire rulemak - ing file, including this notice, the initial statement of reasons, and the proposed text of the regulations, available for inspection and copying throughout the rulemaking process at the address provided, and from the persons identified, in the “Contact Persons” sec - tion of this notice. AVAILABILITY OF THE DOCUMENTS ON THE INTERNET The notice, initial statement of reasons, and pro - posed text are also available on the Department’s Web site at www.dfpi.ca.gov.

To access the documents from the Department’s Web site, click on “Laws and Regulations” under the “Licensees” tab at the top of the home page, then on the “Regulations/Rulemaking” link, and then on the “California Consumer Financial Protection Law” link. AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing, if scheduled, and consider- ing all timely and relevant comments, the Department may adopt the proposed regulations substantially as described in this notice.

If the Department makes modifications sufficiently related to the originally pro- posed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days prior to adopting the revised regulations. Requests for a copy of any modified regulation(

s) must be addressed to the contact persons named in this no - tice. The Department will accept written comments on the modified regulations for at least 15 days after the date they are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS The Final Statement of Reasons will be available when completed. Copies may be requested from the contact person named in this notice or accessed on the website listed above. CONTACT PERSONS Please direct all inquiries concerning the proposed rulemaking action (including requests for copies of the proposed text of the regulations, the initial state - ment of reasons, or the modified text of the regulation,

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 577 and questions regarding the timelines or rulemaking status) to: Sandra Navarro Department of Financial Protection and Innovation 300 South Spring Street, Suite 15513 Los Angeles, CA 90013 Telephone: (213) 897–3432 e–mail: regulations@dfpi.ca.gov The backup contact person for these inquiries is: David Bae Department of Financial Protection and Innovation 300 South Spring Street, Suite 15513 Los Angeles, CA 90013 Telephone: (213) 554–2962 e–mail: David.Bae@dfpi.ca.gov TITLE 14.

FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by sections 200, 205, 219, 255, 265, 270, 275, 315, 316.5, 399, 2084, 7149.4, and 7380 of the Fish and Game Code and to implement, interpret, or make specific sections 110, 200, 201, 203.1, 205, 255, 265, 270, 275, 7149.4, 7380, and 7381 of said Code, propos- es to amend Sections 2.00, 2.25, 5.00, 5.15, 5.20, 5.41, 5.75, 5.79, 5.85, 5.87, 5.88, 7.00, 7.40, 7.50, 8.00, and 29.85 of Title 14, California Code of Regulations relat- ed to sport fishing regulations.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Unless otherwise specified, all

section references in this document are to Title 14 of the California Code of Regulations. This California Department of Fish and Wildlife (Department) proposal combines Department and public requests for changes to Title 14, California Code of Regulations (CCR), for the 2022 Sport Fishing Regulatory Cycle. This proposal will amend bag and possession limits for black bass, striped bass, catfish, and trout; extend the low flow closure period for the North and Central Coast areas; and, add a low flow closure target for the San Lorenzo River and its trib - utaries.

In addition, this proposal will make needed corrections to existing regulations. The proposed reg - ulatory changes are needed for clarity and to improve regulatory enforcement. Detailed descriptions of the proposed changes are found in the Initial Statement of Reasons (ISOR). The Department is proposing changes to the follow- ing regulations in Title 14, CCR: ●

Section 2.00, Fishing Methods — General, sub -

section (a). ●

Section 2.25, Bow and Arrow Fishing, subsection (a). ● Section, 2.30, Spearfishing, subsections (

b) and (c). ●

Section 5.00, Black Bass, subsections (b)

(5) Barrett Lake, (b)

(8) Cuyamaca Lake, and (b)

(19) Otay Lake. ●

Section 5.00, in which the following waters are removed from the special regulations, and are subject to statewide provisions (12” minimum and 5 trout per day): (b)

(9) Eastman Lake, (b)

(11) Hensley Lake, (b)

(13) Isabella Lake, (b)

(14) Kaweah Reservoir, and (b)

(18) Success Reservoir. ●

Section 5.15, Catfish and Bullheads, subsection (b)

(4) Contra Costa County, Lafayette Lake. ●

Section 5.20, Clams, Freshwater, subsection (d). ●

Section 5.41, Landlocked Salmon, subsection (e) (1). ●

Section 5.75, Striped Bass, subsections (d)(1) and (d)(2). ●

Section 5.79 White Sturgeon Report Card and Tagging Requirements for Inland Waters, subsec- tion (e). ●

Section 5.85, Trout, subsections (a)(1), (a)(2), (a) (3)(A). ●

Section 5.87, North Coast Salmon Report Card Requirement, subsection (h). ●

Section 5.88, Steelhead Report and Restoration Card Requirements for Inland Waters. ●

Section 7.00, District General Regulations, sub -

section (

e) South Central District. ●

Section 7.40, subsections (a)(2), (a)(3), (a)(4), (b)

(25) Carmel River and tributaries above Los Padres Dam (Monterey County), (b)

(34) Coyote Creek, (b)(40)(A)

(1) Eel River, (b)(40)(A)

(2) Eel River, (b)

(72) Upper Penitencia Creek, and (b)

(80) Sacramento River and mainstem below Keswick Dam. ●

Section 7.50, Alphabetical List of Trout Waters with Special Fishing Regulations, subsections (a)(2); (b)(44)(

B) Eagle Lake inside the break - water at Gallatin Marina; (b)(44)(

C) Eagle Lake tributaries, including Pine Creek; and (b)(56)(

A) Heenan Lake. ●

Section 8.00, Low–Flow Restrictions, subsec - tions (

a) Eel River, Mad River, Mattole River, Redwood Creek, Smith River and Van Duzen River. Stream closures: Special Low Flow Conditions; (a)

(1) Eel River; (

b) Mendocino,

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 578 Sonoma, and Marin County coastal streams: Stream Closures: Special Low Flow Conditions; (b)

(1) Mendocino County; (b)

(2) Sonoma and Marin counties, except for the Russian River; (

c) South Central Coast Streams — Special Low Flow Closures; (c)

(1) Upper Penitencia Ck. (Santa Clara Co.) and Lower Coyote Ck.; and (c)

(3) San Lorenzo River and all its tributaries. ●

Section 29.85, Recreational Take of Crabs, sub -

section (

a) The proposed regulation changes pertaining spe - cifically to the Fall River Complex are intended, in part, to facilitate resolution of CEQA litigation filed by the Fall River Conservancy and California Trout (Petitioners) against the Department and Fish and Game Commission (Commission). In addition, the best available science that has re - cently become available about the Fall River Complex, including Bear Creek, indicates a unique spring sys - tem with a mix of Rainbow Trout life histories local - ly adapted to a spring fed and snow melt system.

This information suggests that there are genetic differenc - es among Rainbow Trout populations within the Fall River Complex. These findings derive from a research effort led by U.C. Davis with field assistance from the Department. This proposal will amend the current bag and possession limits for trout in the Fall River Complex and expand the geographic area to account for the best available science. The proposed regulation change will not allow a seasonal harvest, and will pro- hibit the use of barbed hooks to protect and conserve the unique trout fishery in the Fall River Complex.

Prohibiting the harvest of trout will protect and con - serve Rainbow Trout in the Fall River Complex. The Department is proposing the following changes to subsection (b)

(47) Fall River Complex, of

Section 7.50, Title 14, CCR: ● Amend the current regulation to prohibit season - al harvest of trout and implement a catch and re - lease only fishery. The new regulation will allow year–round angling, with a 0 (zero) trout bag lim- it and gear restrictions that only allow for use of artificial lures with barbless hooks. ● Expand the geographic area to include Bear Creek (downstream of Pondosa Way bridge), Fall River Pond, and Fall River Lake.

BENEFIT OF THE REGULATIONS It is the policy of this State to encourage the con - servation, maintenance, and utilization of the living resources of the ocean and other waters under the ju - risdiction and influence of the State for the benefit of all the citizens of the State and to promote the devel - opment of local fisheries and distant water fisheries based in California in harmony with international law.

The objectives of this policy include, but are not limit- ed to, the maintenance of sufficient populations of all species of aquatic organisms to ensure their continued existence, and the maintenance of a sufficient resource to support a reasonable sport use. Adoption of scien - tifically–based trout seasons, size limits, and bag and possession limits provides for the maintenance of suf- ficient populations of trout to ensure their continued existence.

The benefits of the proposed regulations include up to date and streamlined trout fishing regulations that are consistent statewide, consistency with federal fish- ery management goals, sustainable management of California’s trout fisheries, promotion of the general health and welfare of California residents, and promo- tion of businesses that rely on sport fishing through - out the state.

The proposed changes will provide ben - efits by maximizing trout fishing opportunity, where possible, through the proposed extensions of fishing seasons and increases in bag and possession limits on both district and special regulations waters without adversely affecting native and non–native wild trout populations. The proposed regulatory changes may in- crease participation in sport fishing by new anglers, and may increase retention of existing anglers through simpler regulations facilitating ease of compliance and comprehension. CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS

Article IV,

Section 20 of the State Constitution specifies that the Legislature may delegate to the Fish and Game Commission such powers relating to the protection and propagation of fish and game as the Legislature sees fit. The Legislature has delegated to the Commission the power to regulate recreational fishing in waters of the state (Fish and Game Code sec- tions 200, 205, 315, and 316.5). The Commission has re- viewed its own regulations and finds that the proposed regulations are neither inconsistent nor incompatible with existing state regulations.

The Commission has searched the California Code of Regulations and finds no other state agency regulations pertaining to trout sport fishing seasons, bag, and possession limits. PUBLIC PARTICIPATION NOTICE IS GIVEN t h a t a n y p e r s o n i n t e r e s t- ed may present statements, orally or in writing, rele - vant to this action at a hearing to be held at California Department of Transportation Building Conf Rm 1.040A,B,C, 100 South Main Street, Los Angeles, California, AND Trinidad Rancheria, Administrative Office Conference Room, 1 Cher–Ae Lane, Trinidad, California on Thursday, June 16, 2022, at 8:30 a.m.,

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 579 or as soon thereafter as the matter may be heard. Instructions for participation in the meeting will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. NOTICE IS ALSO GIVEN that any person inter - ested may present statements, orally or in writing, rel- evant to this action at a hearing to be held in Fortuna, California, on Thursday, August 18, 2022 , at 8:30 a.m., or as soon thereafter as the matter may be heard. The specific location for this meeting is still being de- termined.

As soon as this information is available, but not less than thirty days before the hearing, a continu- ation notice will be sent to interested and affected par- ties providing the exact location. The continuation no- tice will also be published in the California Regulatory Notice Register and published on the CommissioN's website. Instructions for participation in the meeting will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899.

It is requested, but not required, that written com - ments be submitted by 5:00 p.m. on August 4, 2022 at the address given below, or by email to FGC@ fgc.ca.gov. Written comments mailed, or emailed to the Commission office, must be received before 12:00 noon on August 12, 2022. All comments must be received no later than August 18, 2022, during the Commission meeting. If you would like copies of any modifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, 715 P Street, 16th Floor, Sacramento, CA 95814.

AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov. The regulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Melissa Miller–Henson, Executive Director, Fish and Game Commission, 715 P Street, 16th Floor, Sacramento, California 95814, phone (916) 653–4899.

Please direct requests for the above–men - tioned documents and inquiries concerning the reg - ulatory process to Melissa Miller–Henson or David Haug at FGC@fgc.ca.gov or at the preceding address or phone number. Senior Environmental Scientist, Karen Mitchell, Department of Fish and Wildlife, ( Karen. Mitchell@wildlife.ca.gov or (916)376–1917), has been designated to respond to questions on the sub- stance of the proposed regulations.

AVAILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission dif - fer from but are sufficiently related to the action pro - posed, they will be available to the public for at least 15 days prior to the date of adoption. Circumstances beyond the control of the Commission (e.g., timing of Federal regulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be responsive to public recommendation and comments during the regulatory process may preclude full compliance with the 15–day comment period, and the Commission will exercise its powers under

Section 265 of the Fish and Game Code. Regulations adopted pursuant to this

section are not subject to the time pe - riods for adoption, amendment or repeal of regulations prescribed in sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person interest- ed may obtain a copy of said regulations prior to the date of adoption by contacting the agency representa - tive named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

IMPACT OF REGULATORY ACTION The potential for significant statewide adverse eco - nomic impacts that might result from the proposed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including the Ability of California Businesses to Compete with Businesses in Other States The proposed action will not have a signifi - cant statewide adverse economic impact direct - ly affecting business, including the ability of California businesses to compete with business - es in other states. The proposed changes are nec - essary for the continued preservation of the re - source, while providing inland sport fishing opportunities and thus, the prevention of adverse economic impacts. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment The Commission does not anticipate adverse im - pacts on the creation or elimination of jobs with - in the state. The Commission does not anticipate

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 580 adverse impacts on the creation of new business, the elimination of existing businesses or the ex - pansion of businesses in California. Minor vari - ations in the bag and possession limits and/or the implementation of a size limits are unlikely to sig- nificantly impact the volume of business activity. The Commission anticipates benefits to the en - vironment by the sustainable management of fishery resources throughout the state. The Commission does not anticipate any benefits to the health and welfare of California residents or to worker safety. (

c) Cost Impacts on a Representative Private Person or Business The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compli - ance with the proposed action. (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State None. (

e) Nondiscretionary Costs/Savings to Local Agencies None. (

f) Programs Mandated on Local Agencies or School Districts None. (

g) Costs Imposed on Any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code None. (

h) Effect on Housing Costs None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these reg- ulations may affect small business. The Commission has drafted the regulations in Plain English pursu - ant to Government Code Sections 11342.580 and 11346.2(a)(1).

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carry- ing out the purpose for which the action is proposed, would be as effective and less burdensome to affect - ed private persons than the proposed action, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. TITLE 16.

LANDSCAPE ARCHITECTS TECHNICAL COMMITTEE/ ARCHITECTS BOARD NOTICE OF PROPOSED REGULATORY ACTION CONCERNING: DISCIPLINARY GUIDELINES NOTICE IS HEREBY GIVEN that the California Architects Board (Board) is proposing to take the ac - tion described in the Informative Digest, below. 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, including those sent by mail, facsimile, or e–mail to the addresses listed under Contact Person in this Notice, must be received by the Board at its office not later than 5:00 p.m. on Tuesday, July 5, 2022, or must be received by the Board at the hearing, should one be scheduled.

AVAILABILITY OF CHANGED OR MODIFIED TEXT The Board, upon its own motion or at the insistence of any interested party, may thereafter adopt the pro - posals substantially as described below or may modi - fy such proposals if such modifications are sufficient- ly related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days pri - or to its adoption from the person designated in this Notice as Contact Person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal. Authority and Reference: Pur s u a n t t o t h e a u t h o ri- ty vested by sections 481, 493, 5622, and 5630 of the Business and Professions Code (BPC), and

section 11400.20 of the Government Code (GC), and to imple- ment, interpret or make specific sections 125.3, 125.6,

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 581 140, 141, 143.5, 480, 490, 493, 496, 499, 5616, 5640, 5642, 5659, 5660, 5662, 5666, 5667, 5668, 5669, 5670, 5671, 5672, 5673, 5675, 5675.5, 5676, and 5678 of the BPC, and sections 11400.20 and 11425.50 of the GC, the Board is considering amending

article 1 of division 26 of title 16 of the California Code of Regulations (CCR) as follows: INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Under the jurisdiction of the California Architects Board (Board), the Landscape Architects Technical Committee (Committee) licenses landscape architects. (BPC, § 5621.) BPC

section 5620.1 mandates that the protection of the public shall be the highest priority of the Committee in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. BPC

section 5630 authorizes the Board in accordance with the Administrative Procedure Act (APA) (GC

section 11400 et seq.), to adopt, amend, or repeal such rules and regulations as may be reason - ably necessary to enable it to carry into effect the pro- visions of the Landscape Architects Practice Act (Act) (BPC

section 5620, et seq.). The Board is responsible for discipline of landscape architects and enforcement of

Chapter 3.5 of Division 3 of the Business and Professions Code that regu - lates the profession (Act) (BPC, §§ 5620, subdivision (d), 5629). Existing regulation at Title 16, CCR sec - tion 2680 requires the Board, in reaching a decision on a disciplinary action under the APA, to consider the Disciplinary Guidelines [Rev. 2000] (Disciplinary Guidelines), which are incorporated by reference.

Deviation from the Disciplinary Guidelines, including the standard terms of probation, is appropriate where the Board in its sole discretion determines that the facts of the particular case warrant such a deviation — for example: the presence of mitigating factors; the age of the case; evidentiary problems; and rehabilitation.

The Board has determined that, in order to better protect the public from licensees who have commit - ted one or more violations of the BPC or the CCR, conform the Disciplinary Guidelines to recent statu - tory changes, bring the Disciplinary Guidelines into greater conformance with the Disciplinary Guidelines for architects, and provide clarity to probationers of the terms of probation, the Board needs to revise its Disciplinary Guidelines.

The current Disciplinary Guidelines contain many outdated terms and condi - tions of probation and, in many instances, do not re - flect recent updates to statutory law and other chang - es that have occurred in the probationary environment since the last update in 2000. If the Guidelines are amended, the corresponding regulation, CCR

section 2680, must also be amended to incorporate by refer - ence the revised Guidelines as revised and approved by the Committee in August 2021 and approved by the Board on September 10, 2021. The Board is proposing the following changes: ● Amend

Section 2680 of

Article 1 of Division 26 of Title 16 of the CCR The existing regulation references the “Disciplinary Guidelines” [Rev. 2000]. This reg - ulatory proposal will update that regulatory ref - erence and title to reflect a new revision date of 2021 and new title content to include the words “and Model Orders”. This means that it is nec - essary to incorporate the updated Disciplinary Guidelines by reference due to the size of the doc- ument. The proposal would also update the au - thority and reference sections of the regulation to add relevant BPC and GC sections. ● Amend the Disciplinary Guidelines that are in - corporated by reference in

Section 2680 of

Article 1 of Division 26 of Title 16 of the CCR The proposed amendments to the Disciplinary Guidelines are as follows: ○ Add a Cover Page to the Disciplinary Guidelines This proposal will add a cover page to provide the title “Landscape Architects Technical Committee Disciplinary Guidelines and Model Orders (Revised 2021), and the Committee’s address and con- tact information. ○ Add a Table of Contents to the Disciplinary Guidelines This proposal will add a Table of Contents to provide the organization of the Disciplinary Guidelines. ○ Amend the Introduction of the Disciplinary Guidelines This proposal would amend the Introduction to accurately reflect the appropriate termi - nology used throughout the Disciplinary Guidelines.

The Introduction would also be amended to clarify that the Disciplinary Guidelines reference statutory and regula - tory provisions, provide notice that all dis - ciplinary actions will be published on the Internet, and add language about obtaining copies of the Disciplinary Guidelines and the possible charge assessed for providing paper copies. ○ Amend the “General Considerations”

Section of the Disciplinary Guidelines

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 582 This proposal would amend the “General Considerations”

section to add general rec - ommendations and policy language regard - ing citations, proposed decisions, stipulated settlements, cost reimbursement, criteria to be considered in denying, suspending, or re- voking a license, and mitigation and rehabil- itation evidence. ○ Amend the “Definition of Penalties”

Section of the Disciplinary Guidelines This proposal would amend the “Definition of Penalties”

section to add “public reprov - al” as a type of penalty and provide the defi- nition of public reproval. ○ Amend or Modify the Board’s Use of Pronouns This proposal would also make other syntax or clean–up changes to change “his/her” to “their” wherever used in the Guidelines. ○ Update the “Business and Professions Code”

Section of the Disciplinary Guidelines This proposal would amend the “Business and Professions Code”

section to add ad - ditional titles and minimum and maximum proposed penalties for violations of the Act, including for violations of BPC sections 5616, 5659, 5666, 5671, and 5678. This pro- posal would also amend the maximum and/ or minimum proposed penalties for the ex - isting BPC code

section violations already listed in this

section to include more appro - priate penalties, revise recommendations for optional terms and conditions of probation, and make grammatical and other technical clean–up changes. ○ Update the “General Provisions of Business and Professions Code”

Section of the Disciplinary Guidelines This proposal would amend the “General Provisions of Business and Professions Code”

section to add additional titles and minimum and maximum proposed pen - alties for violations of the BPC provisions that are enforced by the Committee and the Board, including for violations of BPC sec - tions 140, 141, 143.5, 490, and 499. This pro- posal would also amend the maximum and/ or minimum penalties for the violations of the BPC sections already listed in the Guidelines to include more appropriate pen- alties, revise recommendations for optional terms and conditions of probation, and make grammatical and other technical clean–up changes. ○ Update the “California Code of Regulations”

Section of the Disciplinary Guidelines This proposal would amend the “California Code of Regulations”

section to add a new title and proposed minimum and maximum penalties for violation of

section 2670 (will- ful misconduct), amend the minimum pen - alties for violations of the regulatory provi - sions already listed in this

section to include more appropriate penalties, revise recom - mendations for the optional conditions of probation listed for each section, and make grammatical and other technical clean–up changes. ○ Make technical and non–substantive chang- es to the title of the “Violation of Probation”

Section This proposal would re–number and change the formatting of this

section to make it con- sistent with the formatting and titles of other sections of the Guidelines. ○ Add a Model Orders

Section This proposal would add a Model Orders sec- tion to include model orders that the Board recommends be used for the following: A. licensees’ discipline (with model order language for revocation of license, re - vocation stayed and licensee placed on probation, public reproval, or surrender of license in lieu of revocation); B. petitions for reinstatement (with mod - el order language for when the Board acts to grant petition with no restric - tions on the license, grant petition and place licensee on probation, grant peti - tion and place licensee on probation af- ter completion of condition precedent, or deny the petition); C. petitions to revoke probation (with model order language for when the Board acts to revoke probation or ex - tend probation after violations have been found); D. applicants (with model order language for when the Board acts to grant the application with no restrictions, grant the application and place licensee on probation, grant application and place licensee on probation after completion of conditions precedent, or deny the ap- plication); and, E. civil penalty (with model order language to be used only in cases applicable to

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 583 the authority in BPC

section 5678 and used in lieu of revocation). ○ Update the Standard Conditions of Probation This proposal would add a sentence provid - ing notice that the Board reserves discretion to waive any conditions of probation on a case–by–case basis.

This proposal adds new titles and Standard Conditions with model language for use in every probationary or - der: “Maintain Active and Current License;” “Notification of Changes to Address and/or Telephone Number;” “License Surrender While on Probation;” and “Cost Reimbursement;” and would make revisions to compliance requirements for the following existing standard terms: “Obey All Laws;” “Submit Quarterly Reports;” and “Tolling for Out–of–State Practice, Residence or in– State Practice” conditions.

This proposal also would make other minor grammatical and technical clean–up changes to existing conditions. ○ Update the Optional Conditions of Probation This proposal would create the following new titles and Optional Conditions of pro - bation with model language that may be used as recommended in these Guidelines: “California Supplemental Examination;” and “Ethics Course.” This proposal also would revise the following existing option - al terms and model language for: “Written Examination;” “Continuing Education Courses;” “Restitution;” “Criminal Probation Reports;” and “Notification to Clients/Cessation of Practice” conditions.

Additionally, this proposal would delete the terms for license and wall certificate relin - quishment, cost reimbursement (which is proposed to be moved to the standard condi- tions of probation section) and make minor grammatical and technical clean–up chang - es to existing conditions. ○ Delete the “Rehabilitation Criteria” This proposal would remove the “Rehabilitation Criteria”

section in its entire- ty as outdated. The

summary for the Board’s current rehabilitation criteria and reference to the regulation that already covers this is - sue (section 2656) is proposed to be added to the new “Criteria to be Considered”

section of the Guidelines. ○ Repeal the Quarterly Probation Report of Compliance Form: Add narrative

summary to the standard condition for “Submit Quarterly Reports” condition This proposal would strike the “Quarterly Probation Report of Compliance” form as an attachment at the end of the Guidelines as the information requested in the form has been added to the “Submit Quarterly Reports” condition as a narrative list, including: (1) the respondent’s full legal name, tele - phone number, and address of record; (2) the name of the firm respondent works for, respondent’s title, firm address and telephone number; (3) a statement of all of Respondent’s land- scape architecture activities during the reporting period.

The statement shall include: the client’s name, address and telephone number, project title/ address, project description, project’s start and end date and a description of Respondent’s involvement; (4) a requirement that Respondent provide a list of activities related to the prac - tice of landscape architecture by activi- ty and date; and, (5) a requirement that Respondent provide a certification under penalty of perjury that the information provided in the re- port is true and correct.

This proposal would allow probationers to submit the current information required by the form in alternative formats to the Board. ANTICIPATED BENEFITS OF PROPOSAL The proposed amendments make the Disciplinary Guidelines consistent with current law and the current probationary environment, clarify the terms and con - ditions of probation to reduce the likelihood of mis -

interpretation, provide model orders, and strengthen consumer protection. The Board anticipates that the updated Disciplinary Guidelines will be a more useful tool for the Board, applicants and licensees, Administrative Law Judges (ALJs), legal counsel, and the public by providing a more accurate overview of the Board’s processes in formal disciplinary actions. The updated Disciplinary Guidelines will also serve as an educational and guid- ance tool for the ALJs who administer hearings for the Board. The regulatory proposal will improve the consistency of penalties for violations of the Act and its regulations.

This regulatory proposal promotes the fairness and standardization of cases requiring formal discipline by clarifying the conditions under which licensees and

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 584 applicants shall be subject to varying levels of disci - pline and terms of probation. CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, the Board has conducted a search of any similar regulations on this topic and has conclud - ed that these regulations are neither inconsistent nor incompatible with existing state regulations.

INCORPORATION BY REFERENCE This proposal would incorporate by reference the document entitled “Disciplinary Guidelines and Model Orders” (Revised 2021). The Disciplinary Guidelines are incorporated by reference as they are too lengthy and cumbersome to be included in the CCR. FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. There is no fiscal impact to the State in the form of federal funding or any cost or savings to any state agency.

This propos - al does not change the fines for violations, so no addi- tional revenues are anticipated. This proposal provides a more accurate overview of the Committee’s process- es in formal disciplinary actions, which will provide greater clarity to licensees, consumers, the Board, the Office of Attorney General, and the ALJs by outlining relevant and transparent standards directly related to violations outlined in law. The Board does not anticipate additional workload or costs resulting from the proposed regulations. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None.

Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Require Reimbursement: None. Business Impact: The Board has made an initial de- termination that the proposed regulatory action would have no significant statewide adverse economic im - pact directly affecting business, including the ability of California businesses to compete with businesses in other states.

The following studies/relevant data were relied upon in making the above determination: The proposed regulatory action only impacts land - scape architect licensees and applicants who are dis - ciplined by the Board for violations of the laws and regulations within its jurisdiction. The Board does not have the authority to take administrative action against a business. The Committee currently regulates approximately 3,700 licensed landscape architects and 1,200 applicants who are in the process of meeting ex- amination and licensure requirements.

The proposed regulatory action only adversely affects a negligible number of landscape architect licensees and applicants who, through their conduct, subject themselves to dis- ciplinary action for violations of the laws and regu - lations within the Board’s jurisdiction. Any “adverse economic impact” would only occur as the result of a disciplinary order following a formal administrative proceeding and a finding of fact affirming a violation of the laws and/or regulations within the Board’s ju - risdiction.

Any potential “adverse economic impact” may be avoided simply by complying with the existing laws and regulations governing the practice of land - scape architecture in California. Cost Impact on Representative Private Person or Business: The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. The proposed regulations would re - vise existing disciplinary guidelines but would not change fine amounts.

The proposed regulatory action only adversely affects a negligible number of land - scape architect licensees and applicants who, through their conduct, subject themselves to disciplinary ac - tion for violations of the laws and regulations within the Board’s jurisdiction. Any potential “adverse eco - nomic impact” may be avoided simply by complying with the existing laws and regulations governing the practice of landscape architecture in California. Effect on Housing Costs: None.

EFFECT ON SMALL BUSINESS The Board has determined that the proposed regula- tion would not affect small businesses as it only affects landscape architect licensees and applicants who are disciplined for violations of the Act and/or Board reg- ulations. Businesses operated by landscape architect licensees and applicants who are in compliance with the law will not incur any fiscal impact. The Board does not maintain data relating to the number or per - centage of licensees who own a small business; there- fore, the number or percentage of small businesses that may be impacted cannot be predicted.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Board has determined that this regulatory pro - posal will not have any impact on the creation of jobs or new businesses or the elimination of jobs or exist - ing businesses or the expansion of businesses in the

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 20–Z 585 State of California. The proposed regulatory action only impacts landscape architect licensees and appli - cants who are disciplined by the Board for violations of the laws and regulations within its jurisdiction. The Board does not have the authority to take administra - tive action against a business. The Committee currently regulates approximately 3,700 licensed landscape architects and 1,200 appli - cants who are in the process of meeting examination and licensure requirements.

The proposed regulato - ry action only adversely affects a negligible number of landscape architect licensees and applicants who, through their conduct, subject themselves to disci - plinary action for violations of the laws and regula - tions within the Board’s jurisdiction. Any “adverse economic impact” would only occur as the result of a disciplinary order following a formal administrative proceeding and a finding of fact affirming a violation of the laws and/or regulations within the Board’s ju - risdiction. Any potential “adverse economic impact” may be avoided simply by complying with the laws and

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2022, No. 20
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	c95a62ccf413e469cb16de543efa3ca3aa0ce3f4

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