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The California Office of Administrative Law (OAL) is the California agency responsible for carrying out the rulemaking part of the California Administrative Procedure Act. [2] It is overseen by the California Government Operations Agency .
The original Administrative Procedure Act was California Senate Bill 705 of 1945, Chapter 867 of the California Statutes of 1945, signed by Governor Earl Warren on 15 June 1945. [5] It had been proposed by the Judicial Council of California, whose report relied heavily on the report of the Attorney General's Committee on Administrative Procedure.
[7] [8] When Brown took office, he was dismayed to discover that under California law, approximately 360 boards, commissions, and agencies all reported directly to the governor, and proposed his "super-agency" plan (then spelled with a hyphen) in February 1961 to impose order on such chaos. [9]
The law of California consists of several levels, including constitutional, statutory, and regulatory law, as well as case law. The California Codes form the general statutory law, and most state agency regulations are available in the California Code of Regulations.
Writ petitions can also be filed with a superior court in order to compel an administrative agency or other entity, public or private, to perform a duty required by law. Although these petitions can be filed with the court of appeal or Supreme Court in the first instance, they are usually summarily denied without prejudice. [33]
The CA Department of Food and Agricultural (CDFA) and the CA Department of Corrections and Rehabilitation (CDCR) are also led by secretaries, not department directors. Several departments, such as CDFA and CDCR, report directly to the Governor and their chief executive officers are members of the Governor's cabinet.
[14]: 8 The APA in 5 U.S.C. 551(1) defines an "agency" as "each authority of the Government of the United States, whether or not it is within or subject to review by another agency," with the exception of several enumerated authorities, including Congress, federal courts, and governments of territories or possessions of the United States. [15]
A special district is defined as "any agency of the state for the local performance of governmental or proprietary functions within limited boundaries" [27] and provides a limited range of services within a defined geographic area. Most of California's special districts are single-purpose districts, and provide one service.
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