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HCD’s rulemaking process is an opportunity for the Department and interested parties to work together to develop regulations that impact the general welfare and well-being of the public.

One of the first required steps in rulemaking is to file a Notice of Proposed Action (Notice) with the Office of Administrative Law (OAL). Once filed, OAL will publish the Notice in the California Regulatory Notice Register (Register). HCD will also post the Notice on its website for public review.

The published Notice contains information about the proposed rulemaking, including deadlines for submitting public comments, where to locate the initial proposed express terms, and the initial statement of reasons.

A public comment period will be noted on the day the Notice is published in the Register. During the open comment period, the public is allowed to submit comments specific to the posted rulemaking package. See below for more information on public comments.

Government Code section 11346 provides that every California state agency must meet the basic minimum procedural requirements set up by the Administrative Procedure Act (APA) for the adoption, amendment, or repeal of an administrative regulation unless the agency is expressly exempted by statute. The rulemaking process must also comply with the regulations adopted by OAL.

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