GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2025, NUMBER 31–Z P UBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW A UGUST 1, 2025 PROPOSED ACTION ON REGULATIONS TITLE 2. F AIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2025–0722–02 ........................................ 935 AMENDMENT MULTI–COUNTY: Pajaro V alley Water Management Agency A va Community Energy Authority Santa Cruz County Fire Agencies Insurance Group TITLE 4.

GAMBLING CONTROL COMMISSION Advertising — Notice File Number Z2025–0722–01 ..................................................... 936 TITLE 5. COMMISSION ON TEACHER CREDENTIALING Requirements and Authorization for the Adapted Physical Education Added Authorization — Notice File Number Z2025–0721–02 ................................................................. 951 TITLE 5. CRADLE TO CAREER DATA SYSTEM Conflict–of–Interest Code — Notice File Number Z2025–0710–01 ......................................... 955 TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Amend Commission Regulation 1006, Extension of Time Limit for Course Completion — Notice File Number Z2025–0718–01 ................................................................. 955 TITLE 13 AND 17. AIR RESOURCES BOARD Proposed Amendments to the Advanced Clean Fleets and Low Carbon Fuel Standard Regulations — Notice File Number Z2025–0715–08 ................................................................. 957 TITLE 14.

DEP ARTMENT OF CONSERV ATION Framework for Implementing the Restrictions and Requirements Within a Health Protection Zone — Notice File Number Z2025–0722–04 ................................................................. 964 (Continued on next page) Time– Dated Material

TITLE 14. FISH AND GAME COMMISSION Recreational Striped Bass Harvest Size Limits — Notice File Number Z2025–0722–03 ......................... 968 TITLE 14. FISH AND GAME COMMISSION Take of Morro manzanita During Candidacy Under the California Endangered Species Act — Notice File Number Z2025–0716–01 ................................................................. 971 TITLE 14.

SACRAMENTO–SAN JOAQUIN DELTA CONSERV ANCY Conflict–of–Interest Code — Notice File Number Z2025–0717–01 ......................................... 974 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Moffett Creek Restoration Project, 1653–2025–168–001–R1, Siskiyou County ................................ 975 RULEMAKING PETITIONS DECISION DEPARTMENT OF CORRECTIONS AND REHABILITATION Notice of Decision on Petition from Ms. Diane Artea Regarding Modification of Classification Scoring System .................................................................................. 975

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 976 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 $409.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 935 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Po - litical Practices Commission, pursuant to the au - thority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of–interest codes, will review the proposed/ amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Pajaro Valley Water Management Agency Ava Community Energy Authority Santa Cruz County Fire Agencies Insurance Group A written comment period has been established commencing on August 1, 2025, and closing on Sep - tember 15, 2025.

Written comments should be direct- ed to the Fair Political Practices Commission, Atten- tion: Andrea Spiller Hernandez, 1102 Q Street, Suite 3050, Sacramento, California 95811. At the end of the 45–day comment period, the pro- posed conflict–of–interest codes will be submitted to the Commission’s Executive Director for their review, unless any interested person or their duly authorized representative requests, no later than 15 days prior to the close of the written comment period, a public hear- ing before the full Commission.

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

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

Any written com- ments must be received no later than September 15, 2025. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

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

REFERENCE Government Code Sections 87300 and 87306 provide that agencies shall adopt and promulgate conflict–of–interest codes pursuant to the Political Re- form Act and amend their codes when change is ne - cessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict–of–interest codes should be made to Andrea Spiller Hernandez, Fair Political Practices Commis - sion, 1102 Q Street, Suite 3050, Sacramento, Califor- nia 95811, or email aspiller–hernandez@fppc.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 936 AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Andrea Spiller Hernandez, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email aspiller–hernandez@fppc.ca.gov. TITLE 4.

GA MBLING CONTROL COMMISSION ADVERTISING CGCC–GCA–2025–02–R NOTICE IS HEREBY GIVEN t h a t t h e C a l i f o r- nia Gambling Control Commission (Commission) is proposing to take the action described in the Infor- mative Digest after consideration of all relevant pub- lic comments, objections, and recommendations re - ceived concerning the proposed action.

Comments, objections, and recommendations may be submitted as follows: WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep- resentative, may submit written comments relevant to the proposed regulatory action to the Commission at any time during the 45–day public comment period, which closes on September 15, 2025 . Written com - ments relevant to the proposed regulatory action may be sent by mail, facsimile, or email, directed to one of the individuals designated in this notice as a con - tact person.

To be eligible for the Commission’s con- sideration, all written comments must be received at its office no later than September 15, 2025. Com- ments sent to persons and/or addresses other than those specified under Contact Persons, or received after the date and time specified above, will be in- cluded in the record of this proposed regulatory ac- tion, but will not be summarized or responded to regardless of the manner of transmission. PUBLIC HEARING The Commission has not scheduled a public hear - ing on this matter.

Any interested person, or his or her authorized representative, may request a hearing pur- suant to Government Code

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

s) listed under Contact Persons no later than 15 days prior to the close of the written comment period. ADOPTION OF PROPOSED ACTION After the close of the public comment period, the Commission, upon its own motion or at the instance of any interested party, may thereafter formally adopt the proposals substantially as described below or may modify such proposals if such modifications are suf - ficiently related to the original text.

With the excep- tion of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as contact person and will be mailed to those persons who submit oral or written testimony related to this proposal or who have requested notification of any changes to the proposal.

AUTHORITY AND REFERENCE Pursuant to the authority vested by Sections 19811, 19824, 19826, 19840, 19841, 19856, 19857, 19859, 19920, 19930, 19931 and 19984 of the Business and Professions Code; and to implement, interpret or make specific Sections 17500, 17508, 19801, 19841, 19920, 19943.5 and 19984 of the Business and Profes- sions Code,

Section 330 of the Penal Code, and Sec - tions 4369.2 and 4369.4 of the Welfare and Institutions Code; the Commission is proposing to adopt the fol- lowing changes to Chapters 1 and 7 of Division 18 of Title 4 of the California Code of Regulations (CCR): INFORMATIVE DIGEST AND POLICY STATEMENT Introduction The Commission is proposing regulations that would implement the Commission’s mandate under the Gambling Control Act (Act) 1 to ensure the integ - rity of gambling in California with respect to adver- tising activities. Specifically, these regulations would implement Business and Professions (B&

P) Code sec- tion 19841, subdivision (f), which requires the Com- mission to provide for the disapproval of deceptive ad- vertising by licensed gambling establishments (also known as “cardrooms”), as determined by the De - partment of Justice, Bureau of Gambling Control (Bu- reau). 2 Notably, the statute specifies that an advertise- 1 Business and Professions Code, Division 8,

Chapter 4,

section 19800 et seq. 2 In the Act, “department” refers to the Department of Justice. While the Act assigns certain powers and authority to the depart- ment, in actual practice the responsibility for fulfilling the obli- gations imposed upon the department has been delegated by the Attorney General to the Bureau of Gambling Control, pursuant to Business and Professions Code

section 19810.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 937 ment is presumptively deceptive if it appeals to chil- dren or adolescents, or offers gambling as a means of becoming wealthy. To date, the Commission has found numerous ex - amples of existing and prior advertisements that do not contain a required responsible gambling message and/or information and referral services for problem gamblers, pursuant to Title 4, CCR,

Section 12461. Further, the existing regulations do not specify how the information must be presented, which has resulted in some advertisements delivering the information in an unclear and inconspicuous manner. This has the re- sult of nullifying the regulatory requirement by mak- ing it difficult, if not impossible, for the public to re- view and understand the required information.

Additionally, the Commission is aware that, as a current industry practice, many gambling establish- ments provide charitable support to local youth and community functions, such as youth sports teams, toy drives, and holiday tree lighting ceremonies. This in- cludes placing a cardroom’s name and/or logo on the children’s uniforms, team banners, event programs and pamphlets, etc.

While these sponsorships are well–intended and benefit local communities, regu- lations containing criteria for the Bureau to consider are needed to ensure these sponsorships are done in a manner that does not make gambling appeal to im - pressionable youth. Further, some advertisements reviewed by the Com- mission contain untrue or misleading statements us- ing the terms “Nevada” or “Vegas” in reference to the types of games or gaming activities offered at a card- room.

Other advertisements include a name different from the actual Bureau–approved game or portray prohibited games such as “21,” which has historical- ly been known by a variety of other names, including “Blackjack.” 3. These types of statements within ad - vertisements can mislead the public into thinking that a cardroom offers banking or percentage card games (banked games), 4 which are exclusively limited to be- ing operated by federally recognized Indian tribes on 3 The California Constitution and Penal Code

section 330 pro- hibit the play of specifically enumerated games, among them “any game of … twenty–one . . . .” Twenty–one is, and historically has been, known by a variety of names. At the time that twenty–one was added to the list of games prohibited by Penal Code

section 330, a number of variations of twenty–one had been recognized. (Scarne, Scarne’s New Complete Guide to Gambling (Simon & Schuster (1974), p. 350, hereafter “Scarne.”). Additionally, the game of “blackjack” has been referred to interchangeably with the game of “twenty–one” for decades in general parlance, in other jurisdictions, numerous California and federal judicial de- cisions, and under the federal Indian Gaming Regulatory Act. 4 See Business and Professions Code

section 19805(

c) and Penal Code

section 330.11 for additional information. Indian lands in California, 5 and for casinos of the type operating in Nevada and New Jersey. Currently, there is no regulatory framework estab- lished to provide for the disapproval of an advertise- ment that is determined by the Bureau to be deceptive to the public. Additionally, the Bureau has no specific criteria or procedures to utilize in making consistent determinations for purposes of enforcement, which this regulatory proposal seeks to establish.

Further- more, current regulations (Section 12461) lack specific guidance and requirements for owner category licens- ees in creating and disseminating advertisements. Existing Laws Title 15, United States Code,

Section 55, defines “false advertisement” to mean advertising which is materially misleading, taking into account not only representations made or suggested by a statement, word, design, device, sound, or any combination thereof, but also the extent to which the advertisement fails to reveal material facts relating to consequenc- es from using the item featured in the advertisement. California Constitution,

Article IV,

Section 19, subdivision (e), prohibits the operation of casinos of the type (offering banking or percentage games) cur- rently operating in Nevada and New Jersey. B&P Code

section 17500 makes it a crime to en - gage in false or deceptive advertising about the nature of a product or service. B&P Code

section 17508 makes it “unlawful for any person doing business in California and advertis- ing to consumers in California to make any false or misleading advertising claim, including claims that: (1) purport to be based on factual, objective, or clin- ical evidence, (2) compare the product’s effectiveness or safety to that of other brands or products, or (3) pur- port to be based on any fact.” B&P Code

section 19801, in part, provides the fol- lowing findings and declarations of the Legislature: ● Subdivision (a). State law prohibits commer - cially operated lotteries, banked or percentage games, and gambling machines, and strictly reg- ulates parimutuel wagering on horse racing. To the extent that state law categorically prohibits certain forms of gambling and prohibits gam - bling devices, nothing herein shall be construed, in any manner, to reflect a legislative intent to re- lax those prohibitions. ● Subdivision (c).

Gambling can become addictive and is not an activity to be promoted or legiti- mized as entertainment for children and families. ● Subdivision (d). Unregulated gambling enter - prises are inimical to the public health, safety, welfare, and good order. Accordingly, no person 5 Pursuant to Class III Tribal–state gaming compacts and Secre- tarial Procedures, in accordance with federal law.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 938 in this state has a right to operate a gambling en- terprise except as may be expressly permitted by the laws of this state and by the ordinances of lo- cal governmental bodies. ● Subdivision (f). It is not the purpose of the Act to expand opportunities for gambling, or to create any right to operate a gambling enterprise in this state or to have a financial interest in any gam- bling enterprise. Rather, it is the purpose of the Act to regulate businesses that offer otherwise lawful forms of gambling games. ● Subdivision (g).

Public trust that permissible gambling will not endanger public health, safety, or welfare requires that comprehensive measures be enacted to ensure that gambling is free from criminal and corruptive elements, that it is con- ducted honestly and competitively, and that it is conducted in suitable locations. ● Subdivision (h). Public trust and confidence can only be maintained by strict and comprehensive regulation of all persons, locations, practices, as- sociations, and activities related to the operation of lawful gambling establishments and the manu- facture and distribution of permissible gambling equipment.

B&P Code

section 19805, subdivision (c), speci- fies that a “banking game” or “banked game” does not include a controlled game if the published rules of the game feature a player–dealer position and provide that this position must be continuously and systematical- ly rotated amongst each of the participants during the play of the game, ensure that the player–dealer is able to win or lose only a fixed and limited wager during the play of the game, and preclude the house, anoth- er entity, a player, or an observer from maintaining or operating as a bank during the course of the game. The

section is not intended to mandate acceptance of the deal by every player if the Bureau finds that the rules of the game render the maintenance of or opera- tion of a bank impossible by other means. Further, this

section specifies that cardrooms are prohibited from occupying the player–dealer position. B&P Code

section 19811, subdivision (b), charges the Commission with jurisdiction, including jurisdic- tion over operation and concentration, and supervision over gambling establishments in this state and over all persons or things having to do with the operations of gambling establishments. B&P Code

section 19824, provides the Commis - sion shall have all powers necessary and proper to en- able it fully and effectually to carry out the policies and purposes of the Act, including, without limitation, the power to do the following: ● Subdivision (b). For any cause deemed reason - able by the Commission, deny any application for a license, permit, or approval provided for in the Act or regulations adopted pursuant to the Act, limit, condition, or restrict any license, permit, or approval, or impose any fine upon any person licensed or approved.

The Commission may con - dition, restrict, discipline, or take action against the license of an individual owner endorsed on the license certificate of the gambling enterprise whether or not the Commission takes action against the license of the gambling enterprise. ● Subdivision (d). Take actions deemed to be rea- sonable to ensure that no ineligible, unqualified, disqualified, or unsuitable persons are associated with controlled gambling activities. ● Subdivision (g). Institute a civil action in any su- perior court against any person subject to the Act to restrain a violation thereof.

An action brought against a person pursuant to this

section does not preclude a criminal action or administrative pro- ceeding against that person by the Attorney Gen- eral or any district attorney or city attorney. B&P Code

section 19826 provides, in part, the Department shall perform all investigatory func - tions required by the Act and shall have the following responsibilities: ● Subdivision (b). To monitor the conduct of all licensees and other persons having a material in- volvement, directly or indirectly, with a gambling operation or its holding company, for the purpose of ensuring that licenses are not issued or held by ineligible, unqualified, disqualified, or unsuitable persons, or persons whose operations are con - ducted in a manner that is inimical to the public health, safety, or welfare. ● Subdivision (c).

To investigate suspected viola- tions of the Act or laws of this state relating to gambling, including any activity prohibited by

Chapter 9 (commencing with

Section 319) or

Chapter 10 (commencing with

Section 330) of Ti- tle 9 of

Part 1 of the Penal Code. ● Subdivision (d). To investigate complaints that are lodged against licensees, or other persons as- sociated with a gambling operation, by members of the public. ● Subdivision (e). To initiate, where appropriate, disciplinary actions as provided in the Act. In connection with any disciplinary action, the de- partment may seek restriction, limitation, sus- pension, or revocation of any license or approval, or the imposition of any fine upon any person li- censed or approved. ● Subdivision (g). Approve the play of any con - trolled game, including placing restrictions and limitations on how a controlled game may be played. The Department shall make available

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 939 to the public the rules of play and the collection rates of each gaming activity approved for play at each gambling establishment on the Attorney General’s Website. B&P Code

section 19840 provides the Commission may adopt regulations for the administration and en- forcement of the Act. B&P Code

section 19841 requires the Commission to adopt various regulations, including the following: ● Subdivision (

f) regulations to provide for the disapproval of advertising by licensed gambling establishments that is determined by the Bureau to be deceptive to the public. Advertisements that appeal to children or adolescents or that of- fer gambling as a means of becoming wealthy are presumptively deceptive. Additionally, this statute requires that the proposed advertising regulations be “consistent with” the advertising regulations adopted by the California Horse Rac- ing Board (CHRB) and the Lottery Commission (Lottery). ● Subdivision (

o) regulations that restrict, limit, or otherwise regulate any activity that is related to the conduct of controlled gambling. B&P Code

section 19856: ● Subdivision (a). The Commission may issue a state license to any person it determines to be qualified, taking into consideration the need to protect the health, safety, and general welfare of California residents, as well as the state’s declared policy on gambling. The applicant bears the bur- den of proving their qualifications for licensure. ● Subdivision (b). In submitting a license applica- tion, the applicant is requesting an evaluation of their general character, integrity, and capability to engage in, participate in, or be associated with controlled gambling. ● Subdivision (c).

When evaluating any license ap- plication, the Commission is required to assess whether granting the license would be contrary to public health, safety, or welfare, and whether do- ing so would compromise public confidence that the associated gambling operations are free from criminal or dishonest influences and are conduct- ed with integrity. B&P Code

section 19857 establishes that a gam - bling license may not be issued unless the Commis - sion is fully satisfied, based on all submitted informa- tion and documentation, that the applicant is all of the following: ● Subdivision (a). A person of good character, hon- esty, and integrity. ● Subdivision (b).

A person whose prior activities, criminal record, if any, reputation, habits, and as- sociations do not pose a threat to the public inter- est of this state, or to the effective regulation and control of controlled gambling, or create or en- hance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of controlled gambling. ● Subdivision (c). A person that is in all otherwise qualified for licensure in accordance with the provisions of the Act. B&P Code

section 19859, subdivision (a), requires the Commission to deny a license to any applicant who is disqualified for, among other reasons, failure of the applicant to clearly establish eligibility and qualifica- tion in accordance with the Act. B&P Code

section 19920 states that it is the pol - icy of the State of California to require that all card- rooms in this state be operated in a manner suitable to protect the public health, safety, and general wel- fare of the residents of the state. Responsibility for the employment and maintenance of suitable methods of operation rests with the owner licensee, and willful or persistent use or toleration of methods of opera- tion deemed unsuitable by the Commission or by local government shall constitute grounds for license revo- cation or other disciplinary action. B&P Code

section 19930, in part, requires the Bu- reau to make appropriate investigations for determin- ing violations of the Act or any regulations adopted thereunder. If, pursuant to any investigation, the Bu- reau determines that a license should be suspended or revoked, the Bureau shall file an accusation with the Commission in accordance with

Chapter 5 of

Part 1 of Division 3 of Title 2 of the Government Code. In addition to any action that the Commission may take against a license, the Commission may also require the payment of fines or penalties. B&P Code

section 19931 authorizes the Bureau to issue emergency orders against an owner category licensee that the Bureau deems reasonably necessary for the immediate preservation of the public peace, health, safety, or general welfare. The emergency or- der must clearly state the reasons for its issuance, in- cluding a detailed explanation of the facts that justify the emergency action. B&P Code

section 19941 prohibits individuals un- der 21 from gambling, wagering, collecting winnings, loitering in gambling areas, presenting false identi - fication, or being employed in a gambling establish - ment (with limited exceptions). An underage individ- ual who violates any of these prohibitions is guilty of a misdemeanor. Further, a licensee or employee in a gambling establishment who knowingly violates spec- ified prohibitions or knowingly permits such viola - tions is guilty of a misdemeanor. Licensees who rely in good faith on valid government–issued ID are pro- tected from liability under this statute.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 940 B&P Code

section 19943.5 provides that if a gam- bling enterprise conducts play of a controlled game that has been approved by the Bureau pursuant to Sec- tion 19826, and the controlled game is subsequently found to be unlawful, so long as the game was played in the manner approved, the approval by the Bureau shall be an absolute defense to any criminal, admin - istrative, or civil action that may be brought, provid- ed that the game is played during the time for which it was approved by the Bureau and the gambling enter- prise ceases play upon notice that the game has been found unlawful.

In any enforcement action, the gam- bling enterprise shall have the burden of proving the department approved the controlled game and that the game was played in the manner approved. B&P Code

section 19984, notwithstanding any other law, permits a licensed gambling enterprise to enter a contract with a Third–Party Provider of Propo- sition Player Services (TPPPS) to provide proposition player services at a gambling establishment, subject to the following conditions (in part): ● Subdivision (a). Any agreement or arrangement between a gambling enterprise and a TPPPS must receive prior approval from the Department.

Fur- ther, the gambling enterprise or the house is pro- hibited from holding any direct or indirect finan- cial interest in the funds wagered, lost, or won in connection with such services. ● Subdivision (b). The Commission must establish reasonable criteria for, and require the licensure and registration of any person or entity provid- ing proposition player services under this section, including owners, supervisors, and players.

The Commission is authorized to impose any licens - ing requirements, disclosures, approvals, condi- tions, or limitations it deems necessary to main- tain the integrity of controlled gambling in this state. Penal Code

section 330 prohibits gambling estab- lishments from offering certain types of games includ- ing any banking or percentage games.

Specifically, this provision provides that every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, wheth- er for hire or not, any game of faro, monte, rou - lette, lansquenet, rouge et noire, rondo, tan, fan–tan, seven–and–a–half, twenty–one, hokey–pokey, or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or other rep- resentative of value, and every person who plays or bets at or against any of those prohibited games, is guilty of a misdemeanor, and shall be punishable by a fine not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprison - ment in the county jail not exceeding six months, or by both the fine and imprisonment Penal Code

section 330.11 provides that a “bank- ing game” or “banked game” does not include a con - trolled game if the published rules of the game fea - ture a player–dealer position and provide that this po- sition must be continuously and systematically rotat- ed amongst each of the participants during the play of the game, ensure that the player–dealer is able to win or lose only a fixed and limited wager during the play of the game, and preclude the house, another entity, a player, or an observer from maintaining or operating as a bank during the course of the game. The

section is not intended to mandate acceptance of the deal by every player if the Bureau finds that the rules of the game render the maintenance of or operation of a bank impossible by other means. Further, this

section speci- fies that cardrooms are prohibited from occupying the player–dealer position. Welfare and Institutions Code

section 4369.2 mandates the State Department of Public Health, Of- fice of Problem Gambling, develop a gambling disor - der prevention program including crisis management via a toll–free referral service, public awareness cam- paigns, and research programs on gambling disorders. Further, the provision requires the development of spe- cialized training for healthcare professionals and edu- cators, law enforcement, nonprofit organizations, and gambling industry personnel in identifying and refer- ring individuals at risk for gambling disorders and ob- taining knowledge of referral and treatment services. Welfare and Institutions Code

section 4369.4 re- quires the Commission in its role as a state agency that regulates gambling, to coordinate with the Depart- ment of Public Health’s Office of Problem Gambling to ensure that the Commission’s programs take into account, as much as practicable, gambling disorders. Existing Regulations: Title 4, CCR,

Section 12006 contains requirements and procedures for notices and other written commu- nications made pursuant to this

section and specifies that the service thereof is effective upon mailing or transmission. Title 4, CCR,

Section 12461 requires the posting problem gambling information and referral services on websites and advertisements operated by or on be- half of any cardroom business licensee or TPPPS busi- ness licensee. Additionally, this

section contains ex - ceptions for digital materials and promotional items with size and space limitations. Title 4, CCR,

Section 12550, in part, provides that the purpose of this

chapter (Chapter 10) is to establish disciplinary procedures and guidelines applicable to the holder of any license, registration, permit, finding of suitability, or approval issued by the Commission. Additionally, this

section specifies that nothing in this

chapter precludes the Bureau, in its discretion, from issuing warning notices, notices to cure, advisory let-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 941 ters regarding violations or possible violations of law, or from withdrawing such upon further investigation. Title 11, CCR,

Section 2072, subsection (

e) re - quires that each licensed gambling establishment sub- mit a biannual report to the Bureau which includes, among other things, copies or transcripts of all adver- tisements within the prior six months used to promote a gaming activity offered at a gambling establishment. Regulations of the California Horse Racing Board and the Lottery Commission B&P Code

section 19841(

f) requires that the Com- mission’s advertising regulations be “consistent with” (not identical to) the advertising regulations adopted by CHRB and the Lottery. While the Lottery has not adopted any advertising regulations, CHRB has sev- eral regulations related to advertising. However, many of CHRB’s advertising regulations are inapplicable to advertising a controlled game or gaming activity, such as the requirements prohibiting the use of symbols or markings on uniforms and prohibiting the use of a sta- ble name registration for advertising purposes (Title 4, CCR, Div. 4, Art. 12).

California Horse Racing Board The proposed regulations are consistent with those regulations adopted by the California Horse Racing Board (CHRB) that are also relevant to advertising a controlled game or gaming activity, specifically in the following areas: ● Underage Gambling. Both CHRB and the Com- mission prohibit and discourage gambling by per- sons under 21. For example, CHRB regulations in Title 4, CCR, Division 4,

Section 2066(d), require that all advertisements “contain a statement that persons under 21 are not allowed access to the minisatellite wagering site.” Similarly, the pro- posed language in

Section 12097(c) (2) provides that advertisements must include a “statement that participants must be 21 or older to gamble.” ● Problem Gambling. The Commission’s pro - posed regulations are consistent with the regu- lations adopted by the CHRB in that they both require advertisements to contain contact infor- mation for problem gambling support. CHRB regulations in Title 4, CCR, Division 4, Sections 2066(d), 2071(h), and 2072(h), require that all advertisements must “contain contact informa- tion for a recognized problem–gambling support organization.” Similarly, the proposed language in

Section 12097(c) (3) requires that all advertise- ments include a responsible gambling message and a reference to one of the referral services for problem gamblers approved by the Office of Problem Gambling. 6 Lottery Commission Presently, there are no regulations by the Lottery that relate to the Commission’s proposed regulations that provide for the disapproval of deceptive adver- tising. Most of the Lottery’s advertising requirements are located within statute and not regulation. For ex- ample, Government Code

section 8880.24 requires the Lottery to comply with both the letter and spirit of the laws governing false and misleading advertising, in - cluding B&P Code

section 17500 et seq. Notably, California Lottery Regulations

section 7.5.7 requires retailers to post “Play Responsibly” sig- nage and other related point–of–sale materials at play centers, including maintaining and making available to players, responsible gaming awareness brochures and related publications supplied by the Lottery. This requirement is similar in nature to the Commission’s existing and proposed regulations in Sections 12097 and 12461. Commission’s Proposed Advertising Regulations While B&P Code

section 19841(

f) provides that the Commission’s regulations “shall be consistent with the advertising regulations adopted by the California Horse Racing Board and the Lottery Commission,” it would be inappropriate for the Commission to adopt identical requirements that do not account for the unique environment of California’s controlled gam - ing industry. As such, the Commission’s advertising regulations have been appropriately developed to meet the consistency standard in statute while maintaining alignment and compatibility with the directives of the Act. Effect of Regulatory Action The proposed action implements the Commission’s mandate in B&P Code

section 19841(

f) by establish- ing a regulatory framework for the disapproval of ad- vertising by licensed gambling establishments that has been determined by the Bureau to be deceptive to the public. Specifically, this proposal provides up- dates and additional specificity to existing problem gambling information requirements 7, and adds new

definitions, requirements, and specified criteria for the Bureau’s consideration in determining the disapprov- al of deceptive advertising by or for any owner cat- egory licensee 8. The proposed action also establish - 6 Under the California Department of Public Health, the Office of Problem Gambling provides health education and training ser- vices to aid in the identification of problem gambling behaviors and provides prevention and treatment resources to mitigate the effects of problem gambling. 7 Located in Title 4, CCR,

Section 12461 8 “Owner category licensee” means a cardroom owner type li - cense or TPPPS owner type license. (Title 4, CCR,

Section 12002, subsection (aj))

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 942 es standards and guidance for owner category licens- ees concerning the content (including safe harbors and prohibited statements), dissemination, and control of gambling–related advertisements. Additionally, the regulations establish procedures for the Bureau to no- tify an owner category licensee of its disapproval and for owner category licensees to rebut the Bureau’s de- termination of a deceptive advertisement.

The regu- lations also refer to existing disciplinary actions that may be exercised because of an owner category licens- ee’s failure to correct a deceptive advertisement. Anticipated Benefits of the Regulation The proposed action will have the benefit of fulfill- ing the Commission’s statutory mandate in B&P Code

section 19841(f), safeguarding the health, safety, and general welfare of the public from deceptive adver- tising practices, maintaining the integrity of the card- room industry and enhancing public trust in controlled gaming. By updating and providing additional speci - ficity to the existing problem gambling information requirements, the proposed regulations will enhance awareness and prevention of problem gambling. They will also better inform those affected by gambling dis- orders about the available, no–cost, confidential re- sources for getting help.

Additionally, the proposed action is anticipated to dissuade and reduce deceptive cardroom advertising that inappropriately targets or appeals to persons under the age of 21, entices partic- ipation in gambling as a means of becoming wealthy, makes false or misleading claims, or refers to games prohibited by Penal Code

section 330. Lastly, the reg- ulations address deceptive cardroom advertisements that depict, illustrate, portray, or refer to banking and percentage card games–the style of gaming that is ex- clusively limited to being operated by federally recog- nized Indian tribes on Indian lands in California and by casinos of the type operating in Nevada and New Jersey. The proposed requirements are anticipated to reduce these types of misleading cardroom advertis- ing practices, which will in turn, improve public trust and protection in the controlled gaming industry. SPECIFIC PROPOSAL This proposed action will make changes within Ti- tle 4, CCR, Division 18 as follows:

Chapter 1. General Provisions.

Article 1.

Definitions and General Procedures. Amend

Section 12002. General

Definitions. This

section provides general

definitions for this division. Non–substantive changes have been ap - plied throughout to renumber the existing

definitions accordingly. Subsection (

b) adds the definition of “advertise” or “advertising” to mean the publication, dissemina- tion, or causing the publication or dissemination of an “advertisement.” This definition provides for use of the verb forms of “advertisement” throughout the regulations. Subsection (

c) adds the definition of “advertise - ment,” as used throughout the proposed regulations.

The definition includes the following components of what constitutes an advertisement: ● “ Any written or verbal statement, illustration, or depiction…” This language targets a broad range of instances in which a gambling activity is por- trayed through written or spoken words, images, or graphics. ● “…that is disseminated to the public…” This language provides that the requirements do not apply to advertisements under development or in draft form, which have not yet been released to the public. ● “…which is calculated to induce participation in a controlled game or gaming activity at one or more gambling establishments…” This language adds further specificity to the definition to target only advertising intended to solicit, encourage, or promote participation in controlled gambling. ● “…, including, without limitation, any written, printed, graphic, or other material, billboard, sign, or other outdoor display, periodical lit - erature, publication, or in a radio or television broadcast, social media business page, or in any other media.” This language specifies the various forms of media by which an advertisement may be disseminated or displayed to the public. ● Paragraph (1) specifies what does not fall under the definition of an advertisement.

Specifically, the advertising requirements do not apply to the following: ○ Subparagraph (A): “The solicitation of activities, events, or services that do not re - late to the conduct of or participation in a controlled game or gaming activity and may otherwise be provided on the licensed prem- ises including, but not limited to, restaurant dining, concerts, trade shows, business con- ferences, and non–gambling related pro - motions and contests.” For the purposes of this provision, the term “licensed premises” has the same meaning as “gambling estab - lishment” pursuant to the definition provid- ed in B&P Code

section 19805, subdivision (o). These terms are used to describe one or more rooms where any controlled gam - bling or activity directly related thereto oc- curs (as specified). The express language provides that advertisements used to solicit non–gambling related activities at a gam -

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 943 bling establishment (e.g. restaurant dining, concerts, trade shows, etc.) are not subject to the same regulatory restrictions and require- ments as those that fall under the definition of an advertisement. ○ Subparagraph (B): “Use of the name, nick- name, alias, or any other name by which the gambling establishment is commonly known, including its logo or trademark, exclusive of any other content.” This language provides that the sole display or use of a gambling es- tablishment’s name(s), logo, or trademark is not considered an advertisement, as defined for the purpose of the regulations.

This ex- emption allows a cardroom to use its name and logo exclusive of any other content, such as when sponsoring youth events or sports leagues. ○ Subparagraph (C): “ Any editorial or other reading material, such as a news release, in any periodical, publication, or newspaper for the publication of which no money or valuable consideration is paid or promised, directly or indirectly, by any owner category licensee, and which is not written by or at the direction of the owner category licens - ee.” This language broadly exempts reading materials about a gambling establishment written independently and without direc- tion or compensation from an owner cate - gory licensee (e.g., news articles, business listings, information identifying charitable contributions, etc.). ○ Subparagraph (D): “The distribution of in- formational material that is not targeted at persons under 21 years of age for purposes of recognizing a donation, gift, or charitable contribution.

The information provided may include the name, logo, and trademark of a gambling establishment and may be pro - vided in informational material including, but not limited to, a program pamphlet or informational handout for an event, a post - ing on a charitable organization’s website, etc.” This provision exempts materials that may recognize a gambling establishment for its donation, gift, or charitable contribution when the material does not target persons under 21 years of age. ○ Subparagraph (E): “ Any job postings for employment opportunities.” This provision clarifies that job postings for employment would not be subject to the requirements for advertisements.

Notably, individuals be- tween the ages of 18 and 21 are legally al - lowed to work within a gambling establish- ment under specified conditions. ○ Subparagraph (F): “ Any notices or postings otherwise required by the Act, this Division, or Title 11, Division 3 of the California Code of Regulations, such as posted game rules.” This provision clarifies that the advertising regulations do not apply to existing notice and posting requirements within the Act and other Commission and Bureau regulations to prevent conflicts with other requirements. ● Paragraph (2) clarifies that anything meeting the definition of an advertisement that is includ- ed with or attached to the items exempted under paragraph (c) (1) above, must comply with the re- quirements for advertisements in

Article

Article 5: Advertising Adopt

Section 12095. General Requirements.

Section 12095 provides new general advertising re- quirements and responsibilities for all owner category licensees. Subsection (

a) applies the requirements within this

article to all owner category licensees and specifies that the requirements are mandatory. Subsection (

b) specifies that any act, omission, or failure to comply with this

article by an advertising agent, representative, contractor, or any other per- son retained by the owner category licensee, will be deemed

an act, omission, or failure of the owner cat- egory licensee. This provision is consistent with the Commission’s authority and holds the owner catego- ry licensee responsible for advertising done through a contracted third–party providing advertising and mar- keting services. Subsection (

c) clarifies that it is not the intention of these regulations to imply or create a private cause of action based on any actions of the Bureau or Commis- sion regarding a licensee’s creation of and/or failure to timely correct an advertisement that is determined by the Bureau to be deceptive to the public. This pro- vision is intended to protect owner category licensees from being litigated by competitors due to any viola- tions of this article. Adopt

Section 12096. Specific TPPPS Business Requirements.

Section 12096 provides new specific advertising re- quirements and responsibilities for all TPPPS business licensees. Subsection (

a) contains requirements exclusive to a TPPPS business licensee, as discussed below: ● Paragraph (1) specifies a TPPPS business licens- ee will not create, purchase, place, or dissemi - nate any advertisement for a cardroom business licensee unless the advertising costs and scope of services to be performed by the TPPPS are in -

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 944 cluded in the TPPPS contract. 9 This requirement is consistent with current regulations, which re- quire that all financial arrangements between the cardroom business licensee and TPPPS business licensee, including advertising, must be disclosed in the TPPPS contract.

This provision is not in - tended to conflict with the requirements of B&P Code 19984(a). 10 ● Paragraph (2) requires the TPPPS business licensee to provide the cardroom business licens- ee with copies or transcripts of all advertisements used to promote a gaming activity that the TPPPS business licensee has, or has caused to be, cre - ated, purchased, placed, or disseminated for the cardroom business licensee. Further, the phrase “or has caused to be” makes the requirement applicable to advertising conducted through the services of a third–party advertising company.

This provision is consistent with existing Bureau regulations in Title 11, CCR,

Section 2072, subdi- vision (e), which requires each licensed gambling establishment to submit a biannual report to the Bureau that includes copies or transcripts of all advertisements used to promote a gaming activi- ty in the prior six months. Adopt

Section 12097. Advertising Content and Dissemination. This

section establishes content and dissemination requirements for gambling advertisements. This sec- tion also provides specified criteria for the Bureau to cite in justifying its determination to disapprove an advertisement that is deceptive to the public consis- tent with the requirements and authority provided by the Act, including but not limited to B&P Code sec- tion 19841(f). Subsection (

a) provides general criteria applicable to presenting the required information in a clear and conspicuous manner in all advertisements and ensures that the required information is legible and readable or audible and intelligible. Subsection (

b) specifies that the information re - quired by paragraph (c) (2) of this

section (a statement that participants must be 21 or older to gamble) and

Section 12461(b) (1) (a responsible gambling message) 9 Title 4, CCR,

Section 12002(ar) specifies that the term, “TPPPS contract” means a written contract, the terms of which have been reviewed and approved by the Bureau, between a cardroom busi- ness licensee and a TPPPS business licensee acting as an inde - pendent contractor for the provision of third–party proposition player services in the gambling establishment. 10 Business and Professions Code

section 19984( a). Any agree- ment, contract, or arrangement between a gambling enterprise and a third–party provider of proposition player services shall be approved in advance by the department, and in no event shall a gambling enterprise or the house have any interest, whether di- rect or indirect, in funds wagered, lost, or won. must be presented in the same language as all the lan- guages used in the advertisement. Subsection (

c) sets forth the following specific con- tent requirements for all advertisements: ● Paragraph (1) requires that all advertisements include the name, nickname, alias, or any other name by which the gambling establishment is commonly known. ● Paragraph (2) requires that advertisements in- clude a statement that participants must be 21 or older to gamble, which aligns with the existing requirements of B&P Code

section 19941. ● Paragraph (3) requires advertisements include the information located in

Section 12461(b) (1) and (3), which provides advertisements must con- tain a responsible gambling message and refer - ence one of the information and referral services approved by the Office of Problem Gambling (or its successor). ● Paragraph (4) provides three approved ways to reference games within an advertisement. The game(

s) advertised must be referred to in accor- dance with one of the three clauses discussed below. ○ Subparagraphs (

A) and (

B) con - tain requirements for referencing a Bureau–approved game or group of games within advertisements. These provisions require that when an advertisement ref - erences a game, either the name of the Bureau–approved game or group of games or the Bureau–approved alternative name for the game or group of games must be included. Subparagraph (

B) allows for the potential use of alternative game names in the future, pending a policy and approval process that needs to be established by the Bureau before alternative game names could be allowed. ○ Subparagraph (

C) contains requirements that are triggered when an advertisement identifies a game or group of games by a name other than a Bureau–approved name required by subparagraphs (

A) and (B). In these instances, the advertisement must state one of the following safe harbors: Clause 1. “California game” or “California games”. The term “California game” is defined by Commission regulation 11 and means a controlled game that features a player–dealer position, as described in Penal Code

section 330.11.Cardrooms are statutorily prohibited from offering house–banked games, such as those of- fered at Class III Tribal gaming casinos and casinos 11 Title 4, CCR,

Section 12002(

h) CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 945 operating in Nevada and New Jersey. Instead, card- rooms are limited to offering controlled games, such as poker, and California games. Clause 2. “This cardroom does not offer banked games”. The difference between the term “banked game” and a systematically rotating player–dealer game is specified in B&P Code

section 19805(

c) and Penal Code

section 330.11. Cardrooms are statutorily prohibited from operating banked games. Clause 3. Any other safe harbor statement(

s) pub - lished by the Bureau at its discretion. B&P Code sec - tion 19841(

f) charges the Bureau with determining de- ceptive advertisements. This provision will provide cardrooms additional options for advertising the name of a game or group of games, should the Bureau decide to publish any safe harbor statements in the future. ● Paragraph (5) provides cardrooms with two op- tions for referencing gaming activities within an advertisement in alignment with the requirements of the Act and Bureau regulations.

Bureau regula- tion provides that a “gaming activity” is any ac- tivity or event including, but not limited to jack- pots, bonuses, promotions, tournaments, drawing tickets, etc., which is appended to or relies upon a controlled game or games. 12 B&P Code sec - tion 19826(

g) requires the Bureau to make the rules of play and the collection rates of each Bureau–approved game and gaming activity available to the public on the Attorney General’s website. Additionally, existing Bureau regulation deems it to be an unsuitable method of operation for a cardroom to fail to place in a conspicuous location, or make readily available to patrons, a printed list of the rules of play for each gaming activity offered at the cardroom. 13 The gaming activity advertised must be referred to in accor- dance with one of the two subparagraphs dis - cussed below: ○ Subparagraph (

A) requires the use of the Bureau–approved gaming activity name. The approved gaming activity name can be used by the public to obtain the approved gaming activity rules from the Bureau’s website or the gambling establishment. ○ Subparagraph (

B) provides that any gaming activity name may be used if the Bureau–approved identification number is provided with it. The identification num - ber can be used by the public to obtain the approved gaming activity rules from the Bureau’s website or the gambling establish- ment. 12 Title 11, CCR,

Section 2010(f) 13 Title 11, CCR,

Section 2070(

f) Subsection (

d) contains specific exemptions for cer- tain types of advertisements that are currently located in

Section 12461(c) (1) and (2), which are proposed to be relocated and amended as follows: ● Paragraph (1) contains express language that provides the requirements of paragraphs (c) (2) through (5) do not apply to any small tangible items upon which the information would be im - practicable to print, display, or present, including, but not limited to: apparel, hats, pens, key chains, dishware, drinking glasses, coffee mugs, etc. ● Paragraph (2) provides the requirements of para- graphs (2) and (3) of subsection (

c) do not apply to any digital material where the inclusion would be impracticable due to limited characters or spaces if the advertisement includes a link to a website that complies with

Section 12461(b). Subsection (

e) states that an advertisement must not be deceptive to the public and establishes crite- ria the Bureau must consider in determining wheth- er an advertisement is deceptive, while still maintain- ing the Bureau’s discretion to make its determination. This subsection also provides owner category licens- ees a set of guidelines to utilize in the creation of an advertisement. ● Paragraph (1) provides that in determining whether an advertisement is deceptive, the Bu- reau must consider if the advertisement depicts gambling as a means to become wealthy or re - solve a financial burden. This requirement is con- sistent with B&P Code

section 19841, subdivision (f), which states that an advertisement that offers gambling as a means to become wealthy is pre - sumptively deceptive. ● Paragraph (2) provides that in determining whether an advertisement is deceptive, the Bu- reau must consider if the advertisement specifi- cally targets or appeals to children or adolescents or encourages persons under 21 years of age to engage in controlled gambling. Additionally, the following subparagraphs go on to provide specific examples of advertisements that target or appeal to children or adolescents or encourage underage gambling. Specifically: ○ Subparagraph (

A) provides if the adver - tisement uses depictions, images, appear - ances, or voice–over services of anyone less than 21 years of age. 14 ○ Subparagraph (

B) provides if the advertise- ment uses objects such as toys, inflatables, movie characters, cartoon characters, or any 14 This provision was adapted from the Distilled Spirits Council of the United States — 2023 Code of Responsible Practices for Beverage Alcohol Advertising and Marketing. https://www.distilledspirits.org/code–of–responsible–practices/.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 946 other display, depiction, or image designed in a manner to appeal to minors or anyone under 21 years of age. 15 ○ Subparagraph (

C) provides if the adver - tisement is disseminated on the premises of any day care center, youth center, preschool, or kindergarten through 12 th grade school or related function thereof, or at any func- tion that is being primarily held for persons under 21 years old. Notably, related exemp- tions are specified under the definition of an “advertisement” in

Section 12002(c) (1). ● Paragraph (3) provides that in determining whether an advertisement is deceptive, the Bu- reau must consider if the advertisement uses the terms “Nevada” or “Vegas” to describe any of the games, group of games, or gaming activities offered at the cardroom. Additionally, this para- graph exempts the use of these terms in an adver- tisement if the terms are used to draw a distinc- tion between the term and the games or gaming activities offered at the cardroom.

The criteria of this paragraph align with existing law and pro- vide a distinction between the games offered at cardrooms versus class III tribal gaming casi - nos and casinos of the type in Nevada and New Jersey. ● Paragraph (4), in alignment with B&P Code sec- tion 17508, provides that in determining whether an advertisement is deceptive, the Bureau must consider if the advertisement makes any false or misleading claims.

This provision maintains the Bureau’s discretion over the disapproval of de- ceptive advertisements and avoids creating any implication of civil liabilities resulting from a vi- olation of the statute. ● Paragraph (5) provides that in determining whether an advertisement is deceptive, the Bu- reau must consider if the advertisement depicts, illustrates, portrays, or references a game, group of games, or gaming activity that is not currently approved by the Bureau for the cardroom adver- tised.

This provision is consistent with existing Penal Code prohibitions on banking and percent- age games, the Bureau’s authority for approving games and gaming activities for each cardroom, and the Bureau’s discretion for determining whether an advertisement is deceptive. Addition- ally, this provision is consistent with an existing safe harbor in B&P Code

section 19943.5, which protects licensees from any administrative ac - 15 This provision was adapted from the United States Federal Trade Commission v R.J. Reynolds Tobacco, Docket Number 9285, 1997. https://www.ftc.gov/sites/default/files/documents/ cases/1997/05/d9285cmp.pdf tions concerning the advertising of a controlled game that was approved by the Bureau at the time of the advertisement, but is subsequently found to be unlawful. Adopt

Section 12098. Age Confirmation in Advertising. This

section establishes minimum age notification and affirmation requirements for advertising involv- ing direct communication or dialogue and for placing potential customers on a mailing list. This

section is consistent with the requirements of B&P Code sec- tions 19801, 19841(f), 19941. Subsection (

a) requires the owner category licensee to use age affirmation, self–attestation, or other rea- sonable means to establish a good–faith belief that the recipient is 21 years of age or older prior to any ad- vertising involving direct communication or dialogue directed at a particular individual. The provision also specifies that direct communication or dialogue may occur through any form of communication initiated by or for the owner category licensee and provides a non- exclusive list of examples of different forms of com - munication (in–person, telephone, physical mail, or electronic).

Further, language is included to exempt digital advertising that utilizes age filtering for ad- vertising to persons 21 years of age or older from the requirement. Subsection (

b) exempts age verification if the own- er category licensee can verify it has already had the intended recipient verify they are at least 21 years of age via a method of age verification or self–attestation and the communication is sent only to the intended recipient. This allows for continued contact with in- dividuals who have already been verified to meet the age requirement. Subsection (

c) requires that before any individual is allowed to join a mailing list, subscribe to content, or otherwise agree to receive direct communications from an owner category licensee, the licensee must ei- ther verify that the person is 21 years of age or old- er through age affirmation or self–attestation, or must provide a notice making it clear that recipients must be at least 21 years old. Adopt

Section 12099. D isapproval of Advertising. This

section establishes procedures for the Bureau’s disapproval of deceptive advertisements and provides a process for owner category licensees to rebut the Bu- reau’s disapproval. Additionally, this

section referenc- es potential disciplinary and enforcement actions due to a violation. This

section does not expand nor di - minish the Commission or Bureau’s existing authority and is consistent with the Commission’s existing dis- ciplinary procedures, timelines, and requirements for addressing other violations. Subsection (

a) provides the Bureau may issue a notice of disapproval to the owner category licens-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 947 ee, pursuant to

Section 12006, if it determines an ad- vertisement does not comply with this

article (Article 5). Notably,

Section 12006 contains requirements and procedures for issuing notices, orders and communi- cations, and specifies that the notice is effective upon mailing or transmission. This subsection establishes a formal notification and warning process with clearly defined timelines. The information required to be in- cluded in the notice of disapproval also provides the owner category licensee with a corrective action plan that contains clear and specific guidance on what must be corrected. This

section requires that at minimum, the fol - lowing information must be included in the notice of disapproval: ● Paragraph (1) — a legal citation of the violation (pursuant to the requirements of this article); ● Paragraph (2) — a description of each non–compliant part of the advertisement that does not comply with this article; ● Paragraph (3) — a deadline that provides at least 30 calendar days from the date of service (as specified in

Section 12006) to comply with the notice of disapproval; and, ● Paragraph (4) — an explanation of the owner category licensee’s right to submit written sup- port to rebut the notice of disapproval, consistent with subsection (b). Subsection (

b) provides procedures, timelines, and requirements related to rebutting the Bureau’s notice of disapproval. ● Paragraph (1) authorizes the owner category licensee to submit written support to rebut the Bureau’s notice of disapproval within 14 calen- dar days following the Bureau’s issuance of the notice of disapproval specified in subsection (a).

This provision provides owner category licensees the opportunity to confer with the Bureau, re- quest changes to the notice of disapproval, and to provide additional information for the Bureau’s reconsideration. ● Paragraph (2) provides that if the Bureau re- ceives the owner category licensee’s written sup- port in accordance with the requirements of para- graph (1), the notice of disapproval will be stayed until the Bureau issues its final determination, as indicated in subsection (c). Subsection (

c) requires that within 30 calendar days of receiving the owner category licensee’s written support in accordance with paragraph (b), the Bureau must consider the information provided and respond to the owner category licensee with the Bureau’s final determination, pursuant to the requirements of Sec- tion 12006. Additionally, this provision specifies that the Bu- reau’s final determination must include a response consistent with one of the following: ● Paragraph (1). The Bureau’s final determination to uphold or amend the notice of disapproval in subsection (a).

Additionally, if responding in ac- cordance with this paragraph, the Bureau must provide the owner category licensee with an updated deadline of at least 30 calendar days to comply with the Bureau’s final determination; or, ● Paragraph (2). The Bureau’s final determination to vacate the notice of disapproval, in which no corrective action is required by the licensee. Subsection (

d) addresses noncompliance by provid- ing owner category licensees a general and informa- tive reference to the Bureau’s discipline and enforce- ment authority without creating a duplicative process. This

section provides that the Bureau may take addi- tional disciplinary action it deems appropriate if either a notice of disapproval or a final determination is is- sued in compliance with the requirements of this sec- tion and the owner category licensee fails to correct the noncompliant advertisement by the deadline spec- ified by the Bureau. Subsection (

e) specifi es the f o ll o wing m ust be in- cluded in the Bureau’s report to the Commission for consideration during an owner category licensee’s ini- tial or renewal license application and may be consid- ered a factor in determining suitability for licensure: ● Any failure to comply with a notice of disapproval; ● Any failure to comply with the Bureau’s final determination; ● Instances of repeated violations of this article; and, ● Any subsequent actions by the owner category licensee and/or Bureau. The provision further specifies that the above items may be considered a factor in determining the suit - ability for licensure of an applicant. Subsection (

f) provides a clarifying reference to the Bureau’s existing authority for conducting inves- tigations and filing disciplinary actions under

Chapter 10 of this division and/or under B&P Code sections 19930 and 19931.

Chapter 7. Conditions of Operation for Gambling Establishments.

Article 9. Program for Responsible Gambling. Amend

Section 12461. Posting Referral Information. This

section contains requirements for posting problem gambling information and referral services on websites and advertisements operated by or on be- half of any cardroom business licensee or TPPPS busi- ness licensee. Additionally, this

section contains ex -

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 948 ceptions for digital materials and promotional items with size and space limitations. Subsection (

b) requires a responsible gambling message and a hyperlink to the Office of Problem Gambling to be displayed on websites operated by or on behalf of any owner category licensee. In this subsection, “on behalf of” is being replaced with “under the control of.” Further, this

section is be- ing amended to add social media landing pages to the types of advertising media required to contain prob- lem gambling information. Additional amendments require the information to be displayed in a clear and conspicuous manner and presented in all languages used in the advertisement, as specified in subsections (

a) and (

b) of

Section 12097. Further, the information required by this subsec- tion has been divided into three paragraphs. Addition- al information and referral services that are current- ly available for problem gamblers have been added to new paragraph (3), which provide the public with more direct and readily accessible ways to get immediate help with a gambling addiction problem, rather than having to navigate to the Office of Problem Gambling website to search for the same information. Subsection (

c) contains advertising content require- ments for disclosing the problem gambling informa - tion and referral services provided in this section, which applies to advertisements distributed by tele- vision, radio, outdoor display, flyer, mail, or provid- ed digitally. Paragraphs (1) and (2) of this

section con- tain exemptions to those disclosure requirements for digital materials with limited characters or space and small tangible promotional items. This

section is be - ing repealed due to the amendments proposed to sub-

section (

b) and the more specific and extensive adver- tising content requirements being added in

Section 12097. The requirements and exemptions that were previously in this

section have been modified, clari - fied, and expanded upon. CONSISTENCY OR COMPATIBILITY WITH EXISTING STATE REGULATIONS The Commission has evaluated this regulatory ac- tion and determined that the proposed regulations are neither inconsistent nor incompatible with any other existing state regulations. COMPARABLE FEDERAL LAW There are no existing federal regulations or statutes comparable to the proposed regulations.

FISCAL AND ECONOMIC IMPACT ESTIMATES Fiscal Impact On Public Agencies Including Costs Or Savings To State Agencies Or Costs/ Savings In Federal Funding To The State: The Commission estimates that the proposed action will not have a significant fiscal impact on the Com - mission outside of its normal course of business. The Bureau estimates the regulations will result in a total initial and ongoing workload increase of 2,132 hours annually (1,144 hours to enforcement staff + 988 hours to compliance staff).

While this increase in workload is estimated to amount to an annual ini- tial and ongoing cost of $109,192.00, the Bureau antic- ipates utilizing existing resources/personnel to absorb the increase and does not foresee the need for addi- tional staffing. Notably, the Bureau’s legal team antic- ipates unquantifiable but potentially minor increases in workload to review disapproval notices. The Bu- reau anticipates utilizing existing resources/personnel to absorb the workload increase.

Additionally, the Di- vision of Civil Law (Licensing Section) and the Pub- lic Rights Division (Native American & Tribal Af - fairs Section) may be impacted by litigation arising out of the proposed regulations, if enacted as current- ly drafted. There are no costs or savings in Federal funding to the State. Non–Discretionary Cost Or Savings Imposed Upon Local Agencies: None. Mandate Imposed On Any Local Agency Or School District For Which

Part 7 (Commencing With

Section 17500) Of Division 4 Of The Government Code Requires Reimbursement: None. Cost To Any Local Agency Or School District For Which

Part 7 (Commencing With

Section 17500) Of Division 4 Of The Government Code Requires Reimbursement: None. Effect On Housing Costs: None. Impact On Business: The Commission has determined that the proposed regulatory action will not have a significant statewide adverse economic impact directly affecting business- es, including the ability of California businesses to compete with businesses in other states. This deter- mination is based on the following facts or evidence/ documents/testimony: The proposed action only applies to advertising in which the cardroom industry voluntarily engages. Further, the proposed action does not require owner

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 949 category licensees to participate in cardroom advertis- ing, nor does it preclude cardroom advertising in gen- eral. The regulations provide advertising standards in alignment with existing statutory and regulatory re- quirements and criteria that the Bureau must consid- er in determining whether an advertisement is decep- tive to the public.

The regulations will provide a lay- er of guidance and accountability for owner category licensees in the responsible development and dissem- ination of advertisements calculated to induce partic- ipation in controlled gambling and provide a process for the disapproval of advertisements determined by the Bureau to be deceptive to the public.

Further, the regulations provide additional clarity and specificity to existing requirements for including problem gam- bling information and referral services on advertise- ments, websites, and social media platforms, to ensure this information is presented in a clear and conspicu- ous manner. Because the California cardroom indus- try does not cross state lines, the proposed action is not anticipated to affect the ability of cardrooms to compete with businesses in other states.

Small Versus Typical Business Determination For purposes of estimating the costs to implement the regulations to typical businesses and small busi- nesses, the Commission utilized the federal Small Business Administration (SBA) category for casinos. As those categories are defined, a three–year aver- age annual gross revenue of no more than $34 mil - lion was used as the threshold for identifying small cardroom businesses, as specified in the North Amer- ican Industry Classification System (NAICS) Code

section 713210 and referenced by the SBA in Sec - tion 121.201 of Title 13,

Part 121 of the Electronic Code of Federal Regulations. This revenue thresh - old was used in conjunction with the Commission’s three–year average annual gross revenue data to de- termine the regulation’s impact on small and typical cardroom businesses. In reviewing the results of the survey, the estimat- ed direct costs to cardrooms that would result from implementing the regulations are primarily associat - ed with the cardroom business licensee’s review and revision of existing and new advertisements to ensure compliance, including cardroom websites and social media business pages and posts.

Additionally, there are estimated direct costs associated with review and updates to patron mailing list procedures and mate- rials associated with age affirmation, self–attestation or other reasonable means to verify or substantiate a good–faith belief that the intended recipient is 21 years of age or older. Further, estimated direct costs have been reported regarding the process for rebutting a Bureau’s notice of disapproval for advertisements de- termined by the Bureau to be deceptive to the public.

TPPPS Businesses — The Commission estimates the regulation will have no significant cost impact to TPPPS businesses (0% share in total costs to the in- dustry). Meaning, cardroom businesses are expected to share 100% of the total industry costs. As previous- ly mentioned, no survey responses were received from TPPPS businesses, which is likely due to the negli - gible impact the regulations could have on a TPPPS business.

Most TPPPS businesses have very little to no involvement in cardroom advertising other than making payments to the cardroom to share in the rea- sonable costs of cardroom advertising, which must be specified in the TPPPS contract and is subject to the Bureau’s approval. The proposed regulation only pro- vides additional clarity and specificity to existing re- quirements and practices.

Cardroom Businesses — A cco r din g to th e Co m- mission’s latest three–year average annual gross reve- nue data used to calculate the 2025 annual fee amounts for each cardroom business licensee, there are a total of 80 cardroom business licensees with an active license status statewide. However, as of March 13, 2025, only 55 of those cardrooms are operational and have the potential to be impacted by the proposed regulation.

The remaining 25 cardrooms with an active license are currently not operational and thus, are not expect- ed to be impacted by the regulation because there is no benefit or reason for them to disseminate gambling advertisements. While it is possible for some of the non–operational cardrooms to re–open in the future, this occurs seldomly and requires a process involving inspections and compliance checks, making it difficult to quantify. As such, we estimate any potential addi- tional future cost impacts that would result from an in- crease in the number of operational cardrooms on an annual basis to be negligible.

The initial and ongoing costs to cardrooms are based on the actual adjusted costs reported by the 17 cardrooms that participated in the survey, broken down by those that are small businesses versus typi- cal businesses. This came to a total annual initial cost of $3,787,942.70 and a total annual ongoing cost of $1,168,802.70 for all cardrooms that participated in the survey. The survey results were extrapolated to apply to the remaining 37 cardrooms that did not participate in the survey.

This provided a total annual initial cost estimate of $6,260,692.70 and a total annual ongoing cost estimate of $2,280,175.20 for all cardrooms that did not participate in the survey. Total Statewide Costs — Cardrooms are estimat- ed to share 100% of the total industry costs to comply with the regulations. As such, the Commission esti - mates the regulations will result in a total annual state- wide dollar cost to cardrooms of:

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 950 ● $10,048,635.40 in the first year ($3,787,942.70 in total reported costs + $6,260,692.70 in total costs based on the average costs reported); and, ● $3,448,977.90 in each subsequent year ($1,168,802.70 in reported costs + $2,280,175.20 based on the average costs reported). Cost per Small Business (Cardroom) — The esti- mated average annual cost per small cardroom busi- ness is: ● $117,750.00 in the first year (initial). ● $52,922.50 in each subsequent year (ongoing).

Cost per Typical Business (Cardroom) — The estimated average annual cost per typical cardroom business is: ● $474,988.54 in the first year (initial). ● $106,746.54 in each subsequent year (ongoing). Small Business Impact The Commission has concluded that the proposed regulation will impact small cardroom businesses. As noted above, the Commission anticipates the regula- tion would result in an average annual cost per small cardroom business of $117,750.00 in the first year, and $52,922.50 in each subsequent year.

Further, the Com- mission has concluded that the proposed regulation will not impact small TPPPS businesses. Please see the “Impact on Business”

section above for addition- al details. Cost Impacts on Representative Private Person or Business The Commission anticipates the regulation would result in an average annual cost per typical card - room business of $474,988.54 in the first year, and $106,746.54 in each subsequent year. The proposed regulation will have no cost impact on typical TPPPS businesses. The Commission is not aware of any cost impacts that a representative private person or busi- ness would necessarily incur in reasonable compli - ance with the proposed action. Please see the “Impact on Business”

section above for additional details. Impact on Jobs/New Businesses: The Commission has determined that this regulato- ry proposal will not have a significant impact on the creation of new jobs or businesses, the elimination of jobs or existing businesses, or the expansion of busi- nesses in California. The basis for this determination is that advertising is

an act that is voluntarily engaged in by the cardroom industry and this proposed action does not require nor preclude the industry from advertising. Rather, the proposed action provides additional specificity to ex- isting regulatory and statutory requirements for gam- bling advertisements, consistent with the Commis - sion’s general authority under the Act and its mandate in B&P Code

section 19841(f). Further, the proposed action establishes standards and safe harbors for the cardroom industry to follow concerning advertising content and dissemination, provides criteria the Bu- reau must consider while maintaining the Bureau’s discretion and authority for determining whether an advertisement is deceptive, and provides an admin - istrative disapproval and rebuttal process for adver- tisements that have been determined by the Bureau to be deceptive to the public.

The regulations have been written to reduce false and misleading claims made in deceptive cardroom advertisements and do not en- croach on the industry’s constitutionally protected forms of commercial speech. Benefits of the Regulation to the Health and Welfare of California Residents: It has been determined that the proposed action will protect the health, safety, and general welfare of Cal- ifornia residents by dissuading and reducing the dis- semination of gambling advertisements that are de - termined by the Bureau to be deceptive to the public.

This includes advertisements that inappropriately ap- peal to persons under the age of 21, entice gambling as a means of becoming wealthy, make false or mis - leading claims, or refer to games prohibited by Penal Code

section 330. Additionally, the proposed action provides updates to existing advertising disclosure re- quirements concerning the posting of information and referral services for problem gamblers, as approved by the Office of Problem Gambling. Benefits of the Regulation to Worker Safety: It has been determined that the proposed action will not affect worker safety because it does not pertain to working conditions or worker safety issues.

Benefits of the Regulation to State’s Environment: It has been determined that the proposed action will not affect the State’s environment because it has noth- ing to do with environmental issues.

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission or that has otherwise been identified and brought to the attention of the Commission would be: ● More effective in carrying out the purpose for which the action is proposed; ● As effective and less burdensome to affected pri- vate persons than the proposed action; or, ● More cost–effective to affected private persons and equally effective in implementing the statu- tory policy or other provision of law.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 951 INITIAL STATEMENT OF REASONS, INFORMATION AND TEXT OF PROPOSAL The Commission has prepared an Initial Statement of Reasons and the exact language for the proposed action and has available all the information upon which the proposal is based. Copies of the language and of the Initial Statement of Reasons, and all the in- formation upon which the proposal is based, may be obtained upon request from the Commission at 2399 Gateway Oaks Drive, Suite 220, Sacramento, CA 95833– 4231.

AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS All the information upon which the proposed ac - tion is based is contained in the Rulemaking File that will be available for public inspection and copying at the Commission’s office throughout the rulemaking process. Arrangements for inspection and/or copying may be made by contacting the primary contact per- son named below.

You may obtain a copy of the Final Statement of Reasons, once it has been prepared, by making a writ- ten request to one of the contact persons named be- low or by accessing the Commission’s Website listed below.

CONTACT PERSONS All comments and inquiries concerning the sub - stance of the proposed action should be directed to the following primary contact person: Alex Hunter, Legislative and Regulatory Specialist Legislative and Regulatory Affairs Division California Gambling Control Commission 2399 Gateway Oaks Drive, Suite 220, Sacramento, CA 95833– 4231 Telephone: (916) 263–1301 Fax: (916) 263–0499 Email: ahunter@cgcc.ca.gov Requests for a copy of the Initial Statement of Rea- sons, proposed text of the regulation, modified text of the regulation, if any, or other technical information upon which the proposed action is based should be di- rected to the following backup contact person: Joshua Rosenstein, Legislative and Regulatory Specialist Legislative and Regulatory Affairs Division California Gambling Control Commission 2399 Gateway Oaks Drive, Suite 220, Sacramento, CA 95833– 4231 Telephone: (916) 274–5823 Fax: (916) 263–0499 Email: jrosenstein@cgcc.ca.gov WEBSITE ACCESS Materials regarding this proposed action are also available on the Commission’s Website at www.cgcc.ca.gov.

TITLE 5. COMMISSION ON TEACHER CREDENTIALING REQUIREMENTS AND AUTHORIZATION FOR THE ADAPTED PHYSICAL EDUCATION ADDED AUTHORIZATION The Commission on Teacher Credentialing (Com - mission) proposes to take the regulatory action de- scribed below after considering all comments, objec- tions, and recommendations regarding the proposed action. A copy of the proposed regulations is included with the new proposed text shown in underline. The Commission has not scheduled a public hearing on this proposed action.

However, the Commission will hold a hearing if it receives a written request for a public hearing from any interested person, or their authorized representative, no later than 15 days before the close of the comment period.

SUMMARY OF THE EFFECT OF THE PROPOSED ACTION The proposed action would amend the California Code of Regulations, Title 5, §80046.1. In the mid 2000’s work began on revising the Adapted Physical Education Specialist Credential to be an “added authorization” as it was believed that spe- cial education teachers should be eligible to earn add- ed authorizations including one in Adapted Physical Education (APE). Faculty members with experience offering Commission–approved APE Specialist pro - grams collaborated in the development of 13 Adapted Physical Education Added Authorization (APEAA) program standards and in 2011 the Adapted Physical Education Specialist Credential (APESC) was revised

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 952 to become the Adapted Physical Education Added Authorization. Since 2011 the title of Adapted Physical Education Added Authorization has become a concern amongst programs. The Commission has received numerous requests to change the authorization back to a spe- cialist credential in order to better reflect the scope of preparation required and services delivered by APE teachers.

A large number of individuals in the field ar- gue that the title of Specialist Credential better rep- resents the academic preparation and educational ex- periences APE candidates have before they can teach in public schools. When compared to other Added Au- thorization programs (e.g., Autism Spectrum Disor- ders, Deaf–Blind, Emotional Disturbance, etc.), the Adapted Physical Education Added Authorization re- quires greater preparation and has a broader authori- zation than the other added authorizations.

Revising the title of the APEAA back to the APE specialist credential will better reflect the specialized training required for APE teachers to serve an array of students with disabilities. It will also result in better alignment with federal policies and allow programs to seek additional Proposed Amendments to Title 5 of the California Code of Regulations Pertaining to Re- quirements and Authorization for the Adapted Physi- cal Education Added Authorization funding opportu- nities and feasibly help to increase the number of APE teachers credentialed in California.

These proposed regulations do not propose to change any of the re- quirements, including the requirement for individuals to earn a base credential as a prerequisite to earning this specialist credential. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep- resentative, may submit written comments by fax, through the mail, or by email relevant to the proposed action. The written comment period closes on Sep - tember 15, 2025. Comments must be received by that time or may be submitted at the public hearing, should one be requested.

Interested parties may write to the Commission on Teacher Credentialing, attn. Lynette Roby, 1900 Capitol Avenue, Sacramento, California 95811; or submit an email to Lynette.roby@ctc.ca.gov or WHatrick@ctc.ca.gov. Any written comments received by the closing of the public comment period will be reproduced by the Commission’s staff for each member of the Commis - sion as a courtesy to the person submitting the com- ments and will be included in the written agenda pre- pared for and presented to the full Commission at the hearing.

AUTHORITY AND REFERENCE The Commission’s authority to establish program standards is established in subsection (b) (1) (

C) and (

d) of Education Code

section 44225. Specifically,

section (b) (2) of Education Code 44225 states that “The com- mission may establish standards and requirements for preliminary and professional credentials of each type.” INFORMATION DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations Education Code §Sections 44225, 44265, 56363(b) (5) and 56100(f), established the authority for the Com- mission to initially enact 5, CCR, §80046.1. In 2011 the titles of several specialist credentials were revised to be “added authorizations” as it was believed that special education teachers should be eligible to earn added authorizations including one in Adapted Physi- cal Education. As a result, APESC was revised to be- come the APEAA.

Objectives and Anticipated Benefits of the Proposed Regulations Revising the title of the APEAA back to the APESC will better reflect the specialized training required for APE teachers to serve an array of students with dis- abilities. It will also result in better alignment with federal policies and allow programs to seek additional funding opportunities and feasibly help to increase the number of APE teachers credentialed in California.

These proposed regulations do not propose to change any of the requirements, including the requirement for individuals to earn a base credential as a prerequisite to earning this specialist credential. Determination of Inconsistency/Incompatibility with Existing State Regulations The Commission has determined that the proposed regulation amendments are not inconsistent or incom- patible with existing regulations.

After conducting a review for any regulations that would relate to or affect this area, the Commission has concluded that these are the only regulations that concern Adapted Physical Education Added Authorization. DISCLOSURES REGARDING THE PROPOSED ACTIONS/FISCAL IMPACT The Commission has made the following initial determinations. LOCAL MANDATE These proposed regulations will not impose a man- date on local agencies or school districts that must be reimbursed in accordance with

Part 7 (commenc-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 953 ing with

section 17500) of the Government Code. Lo- cal education agencies may choose to sponsor educa- tor preparation programs utilizing the proposed reg- ulations; however, no mandate exists requiring local agencies or school districts to have educator prepa- ration programs and, therefore, no reimbursement in accordance with

Part 7 (commencing with

section 17500) of the government code is required. FISCAL IMPACT Costs to any local agency or school districts requiring reimbursement pursuant to Government Code

section 17500 et seq. These proposed regulations will not impose a cost to local agencies or school districts requiring reimburse- ment in accordance with

Part 7 (commencing with

section 17500) of the Government Code as sponsor- ing an educator preparation program which is aligned to the proposed regulations and is not required by law. The Adapted Physical Education Added Authori - zation is currently a part of the Initial Program Re- view category of cost recovery fees for which there is a $1,000 flat fee assessed for professional preparation programs that lead to the authorization. Updating the term to a Specialist Credential will require the newly titled Adapted Physical Education Specialist Creden- tial to be moved to the cost recovery fee category of specialist credential programs.

This category assesses a $1500 flat fee for professional preparation programs that lead to specialist credentials. This fee change is due to the amount of work required to complete an ini- tial review of a program that includes the breadth and depth of academic preparation such as the APE Spe- cialist Credential. Cost or savings to any state agency None. This will not create a cost or savings to any state agency. Adapted Physical Education regulations apply to currently approved educator preparation in- stitutions or to institutions seeking approval to offer a teacher preparation program.

Other non–discretionary costs or savings imposed upon local agencies None. Sponsoring an educator preparation program is not required by law. Cost or savings in federal funding to the state None. Sponsoring an educator preparation program which is aligned to the proposed regulations is not re- quired by law and would not impact federal funding to the state. HOUSING COSTS No effect on housing costs.

These regulations only pertain to currently approved educator preparation programs, to institutions seeking approval to offer a teacher preparation program, and to institutions ex- panding their business into education preparation in California. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESSES, INCLUDING THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE WITH BUSINESSES IN OTHER STATES The Commission has concluded there is no signifi - cant adverse impact on business. STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT In accordance with Government Code

section 11346.3(b), the Commission has made the following assessments regarding the proposed regulations: Creation or Elimination of Jobs within California These amendments will not create or eliminate jobs in California. The proposed amendments pertain to the change of title of the APEAA to APESC. Creation of New Businesses or Elimination of Existing Business within California These amendments will not create or eliminate ex- isting businesses in California. The proposed amend- ments pertain to the change of title of the APEAA to APESC.

Expansion of Businesses Currently Doing Business within the California These amendments will not cause the expansion or elimination of existing businesses in California. The proposed amendments pertain to the change of title of the APEAA to APESC. Benefits of the Regulations The Commission anticipates that the proposed amendments will continue to benefit the health and welfare of California residents by providing clarity and consistency for educator preparation programs and their constituents when identifying APE teachers who have the specialized training required to serve an array of students with disabilities.

The Commission does not anticipate that these reg- ulations will result in a direct benefit to worker safety or the state’s environment. COST IMPACTS ON A REPRESENTATIVE PRIVATE PERSON OR BUSINESS The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 954 BUSINESS REPORT This proposal does not require a report to be made. EFFECT ON SMALL BUSINESS The proposed regulations will not affect small busi- ness. The proposed regulations apply only to educa- tional institutions electing to offer or offering Com- mission–approved and accredited educator prepara- tion programs.

Educational institutions are California State Universities, Universities of California, private four–year colleges and universities, or local education agencies, none of which meet the definition for small business as defined in government code 11342.610. The vast majority of Commission approved program sponsors are nonprofit educational institutions. Very few institutions of higher education approved by the Commission at this time are for–profit businesses.

Because offering an educator preparation program is voluntary, any institution must evaluate whether they have sufficient resources to offer a high–quality prepa- ration program in accordance with the state adopted standards, state statute, and regulations..

ALTERNATIVES STATEMENT The Commission must determine that no reason - able alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the pro- posed action, or would be more cost–effective to af- fected private persons and equally effective in imple- menting the statutory policy or other provision of law.

The Commission invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period or at the public hearing. CONTACT PERSON/FURTHER INFORMATION General or substantive inquiries concerning the proposed action may be directed to Lynette Roby by telephone at 916–324–3668, or by email to Lynette.roby@ctc.ca.gov or to William Hattrick, (916) 323–6512 or WHattrick@ctc.ca.gov. Additional- ly, inquiries may be made by mail at Commission on Teacher Credentialing: Attn: Regulations, 651 Bannon St., Suite 600 Sacramento, CA 95811,.

General ques- tion inquiries may also be directed to the addresses mentioned above. Upon request, a copy of the express terms of the proposed action and a copy of the Initial Statement of Reasons will be made available. This in- formation is also available on the Commission’s web- site at http://www.ctc.ca.gov/notices/rulemaking.html. In addition, all the information on which this proposal is based is available for inspection and copying.

AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The entire rulemaking file is available for inspec - tion and copying throughout the rulemaking process at the Commission office at the above address. As of the date this notice is published in the Notice of Reg- ister, the rulemaking file consists of the Notice of Pro- posed Rulemaking, the proposed text of regulations, the Initial Statement of Reasons, and an economic im- pact assessment/analysis contained in the Initial State- ment of Reasons.

Copies may be obtained by contact- ing Lynette Roby at the addresses or telephone num- ber provided above. MODIFICATION OF PROPOSED ACTION If the Commission proposes to modify the ac - tions hereby proposed, the modifications (other than non–substantial or solely grammatical modifications) will be made available for public comment for at least 15 days before they are adopted. AVAILABILITY OF FINAL STATEMENT OF REASONS The Final Statement of Reasons is submitted to the Office of Administrative Law as part of the final rulemaking package, following the conclusion of the public hearing.

Upon its completion, copies of the Fi- nal Statement of Reasons may be obtained by con - tacting Lynette Roby at Lynette.roby@ctc.ca.gov or chickey@ctc.ca.gov. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the reg- ulations can be accessed through the Commission’s website at http://www.ctc.ca.gov/notices/rulemaking. html.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 955 TITLE 5. CRADLE TO CAREER DATA SYSTEM CONFLICT–OF–INTEREST CODE OF THE CRADLE TO CAREER DATA SYSTEM NOTICE IS HEREBY GIVEN that the Cradle to Career Data System, pursuant to the authority vested in it by

section 87306 of the Government Code, pro- poses amendment to its conflict–of–interest code. A comment period has been established commencing on August 1, 2025 and closing on September 16, 2025. All inquiries should be directed to the contact listed below. The Cradle–to–Career Data System proposes to amend its conflict–of–interest code to include employ- ee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include:

(1) Changing the disclosure category for members of the Community Engagement Advisory Board to more accurately reflect the role of those board members;

(2) Changes to the disclosure category for consul- tants and new positions;

(3) Adding Information Officer (all levels) to the list of designated positions to reflect that new posi- tion with the agency; and,

(4) Other technical changes. Agencies please choose one option: The proposed amendment and explanation of the reasons can be obtained from the agency’s contact. Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than September 16, 2025, whichever comes later. At this time, no public hearing is sched- uled. A person may request a hearing no later than Au- gust 29, 2025. The Cradle to Career Data System has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2.

Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Divi- sion 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amend - ment and any communication required by this notice should be directed to: Arti Wasu at (916) 323–2324 or arti.wasu@c2c.ca.gov. TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING AMEND COMMISSION REGULATION 1006 — EXTENSION OF TIME LIMIT FOR COURSE COMPLETION Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described be - low in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code (GC) sec- tion 11346.8, any interested person, or their duly au- thorized representative, may request a public hearing.

POST must receive the written request no later than 15 days prior to the closing of the public comment period. Public Comments Due by September 15, 2025. Notice is also given that any interested person, or authorized representative, may submit written com- ment(

s) relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Brad NewMyer, brad.newmyer@post.ca.gov or by letter to: Commission on POST Attention: Rulemaking 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)

section 13503 (authority of POST), PC § 13506 (POST authority to adopt regu- lations). This proposal is intended to interpret, imple- ment, and make specific PC § 13503(e), which autho- rizes POST to develop and implement programs to in- crease the effectiveness of law enforcement, including programs involving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Penal Code § 13510 requires that POST develop guidelines and a course of instruction and training for law enforcement officers who are employed as peace

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 956 officers, or who are not yet employed as peace offi - cers but are enrolled in a training academy for law en- forcement officers. POST is responsible for the certi- fication of these courses and implementing require - ments for both the certification and presentation of these courses. Currently, Commission Regulation 1006 permits a department to request from POST an extension of time to complete a course.

However, by POST’s defi- nition, a department is a law enforcement entity or independent communications agency who has been accepted to participate in POST programs. Many POST–certified course presenters are not departments but rather private presenters and colleges.

By limiting the ability of a college or private presenter to request an extension of time to complete a course, it impacts those students not with a department or those attend- ing the course certified to those colleges and private presenters by requiring they be considered as failing the course and then completing the course in its entire- ty at a later date. The need for an extension is often- times outside of the control of the student and can be for such reasons as injury or military deployment.

The proposed change would allow all individuals attend- ing a POST–certified course to be provided with the opportunity for an extension of time to complete the portions of the training they missed and would best serve the agencies who may be looking to hire these individuals.

Anticipated Benefits of the Proposed Amendments The benefits anticipated by the proposed amend - ments to the regulation will provide course present- ers, on behalf of all attendees in any course, includ - ing department personnel, college students and/or non–affiliated personnel in POST courses, the abili - ty to request a reasonable extension of time limit for course completion, which will increase the efficien - cy of the state of California in delivering services to stakeholders.

Thus, the law enforcement standards are maintained and effective in preserving peace, protec- tion of public health, safety, and welfare of Califor- nia. The proposed amendments will have no impact on worker safety or the state’s environment. Evaluation of Inconsistency/Incompatibility with Existing State Regulations POST has determined that these proposed amend- ments are not inconsistent nor incompatible with ex- isting regulations.

After conducting a review of any regulations that would relate to or affect this area, POST has concluded that these are the only regula- tions that concern processes and procedures for peace officer eligibility in the state. FORMS/DOCUMENTS INCORPORATED BY REFERENCE There are no forms or documents incorporated by reference in this proposed action. DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None.

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

Significant, statewide adverse economic impact di- rectly affecting California businesses: POST has de- termined that the proposed regulations will not have a significant, statewide adverse economic impact direct- ly affecting businesses, including the ability of Cali - fornia businesses to compete with businesses in oth- er states. Significant effect on housing costs: None.

Small Business Determination: POST has de - termined that the proposed regulations will not af- fect small businesses because the regulation amend - ment only applies to students currently attending a POST–required course and the proposed regulato- ry amendments will only have a direct effect on law enforcement agencies who hire individuals attending a POST–required course. Additionally, the Commis- sion’s main function to select and maintain training standards for law enforcement has no effect financially on small businesses.

RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the propos- al will create nor eliminate jobs in the state of Cali- fornia, (2) unlikely that the proposal will create new businesses nor eliminate any existing businesses, and (3) unlikely that the proposed regulations will result in the expansion of businesses currently doing business within the state. Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Over-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 957 view, the benefits of the regulation will increase the efficiency of the state of California in delivering ser- vices to stakeholders by providing course present - ers, on behalf of all attendees in any course, includ - ing department personnel, college students and/or non–affiliated personnel in POST courses, the abili - ty to request a reasonable extension of time limit for course completion.

Additionally, the proposed regula- tory changes will increase the ability for agencies to hire individuals granted an extension sooner than if the individual had to start the course from the begin- ning. Thus, the law enforcement standards are main- tained and effective in preserving peace, protection of public health, safety, and welfare in California. There would be no impact that would affect worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES In accordance with GC § 11346.5, subdivision (a) (13), POST must determine that no reasonable al- ternative it considered, or that has otherwise identified and brought to its attention, would be more effective in carrying out the purpose for which the action is pro- posed, or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per- sons and equally effective in implementing the statu- tory policy or other provision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory ac- tion may be directed to Brad NewMyer, Commission on POST, 860 Stillwater Road, Suite 100, West Sac- ramento, CA 95605–1630, at (916) 227–3893. General questions regarding the regulatory process may be di- rected to Ashley Anderson at (916) 970–4635.

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

ADOPTION OF PROPOSED REGULATIONS/ AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod- ify the proposal if such modifications remain suffi - ciently related to the text as described in the Informa- tive Digest.

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

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

s) named above. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations and the initial statement of reasons. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. TITLE 13 AND 17. AIR RESOURCES BOARD AMENDMENTS TO THE ADVANCED CLEAN FLEETS AND LOW CARBON FUEL STANDARD REGULATIONS The California Air Resources Board (CARB or Board) will conduct a public hearing at the date and time noted below to consider proposed amendments to the Advanced Clean Fleets (ACF) regulation and the Low Carbon Fuel Standard (LCFS). Date: September 25, 2025 Time: 9:00 a.m. In–Person Location: California Air Resources Board

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 31–Z 958 Byron Sher Auditorium 1001 I Street, Sacramento, California 95814 Remote Option: Zoom This public meeting may continue at 9:00 a.m., on September 26, 2025. The public agenda will be posted ten days before the September 25, 2025, Board Hear- ing. Please consult the public agenda for other details, including the day on which this item will be consid - ered and how the public can participate via Zoom if they choose to be remote.

WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS In accordance with the Administrative Procedure Act, interested members of the public may present comments orally or in writing during the hearing and may provide comments by postal mail or by electron- ic submittal before the hearing. The public comment period for this regulatory action will begin on August 1, 2025. Written comments not submitted during the hearing must be submitted on or after August 1, 2025, and received no later than September 15, 2025. Com- ments submitted outside that comment period are con- sidered untimely.

CARB may, but is not required to, respond to untimely comments, including those rais- ing significant environmental issues. The Board also encourages members of the public to bring to the at- tention of staff in advance of the hearing any sugges- tions for modification of the proposed regulatory ac- tion.

Comments submitted in advance of the hearing must be addressed to one of the following: Postal mail: Clerks’ Office, California Air Resources Board 1001 I Street, Sacramento, California 95814 Electronic submittal: https://ww2.arb.ca.gov/ lispub/comm/bclist.php Please note that under the California Public Records Act (Government Code

section 7920.000 et seq.), your written and oral comments, attachments, and associ- ated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request. Additionally, the Board requests but does not re- quire that persons who submit written comments to the Board reference the title of the proposal in their comments to facilitate review.

AUTHORITY AND REFERENCE The ACF regulatory amendments are proposed un- der the authority granted in California Health and Safety Code, sections 38505, 38510, 38560, 38566, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102 and 43104, and

section 28500 of the California Vehicle Code. This action is proposed to implement, interpret, and make specific sections 38501, 38505, 38510, 38560, 38566, 38580, 39000, 39003, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023, 43100, 43101, 43102, 43104, 43105, 43106, 43153, 43154, 43211, 43212, and 43214 of the Health and Safe- ty Code; and

section 28500 of the California Vehicle Code. Changes to the LCFS are proposed under the au- thority granted in California Health and Safety Code, sections 38510, 38530, 38560, 38560.5, 38571, 38580, 39600, 39601, 41510, 41511, and 43018; 42 U.S.C. sec- tion 7545; and Western Oil and Gas Ass’n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 38501, 38510, 39515, 39516, 38571, 38580, 39000, 39001, 39002, 39003, 39515, 39516, 41510, 41511, an