Cases and Materials on the California Rulemaking Process

This is a casebook about the regulatory process in the State of California, although the state's APA is based largely on the federal Administrative Procedure Act, (APA), just like those of most of the fifty states. While readers can find quite a few books and resources on the federal regulatory process, few such materials are dedicated to the California process.

This casebook was put together to explore the state's rulemaking process as this had not been done before in the form of a casebook designed for college and law students. While the fundamentals of the state's rulemaking process are similar to those at the federal level, and most other states, there certainly are differences and important considerations when involved in the quasi-legislative activities of California's more than 200 rulemaking bodies.

This casebook is focused on the rulemaking process and does not cover the remainder of the work of administrative agencies, such as their adjudicatory or quasi-judicial activities. In that vein, this casebook discusses the Office of Administrative Law, but not the Office of Administrative Hearings, as the work of OAH does not concern the rulemaking or quasi-legislative work of the state's administrative agencies.

After discussing introductory aspects of California's regulatory process, the casebook turns to the component parts of the rulemaking process and the specifics of California law.