California Government Code

§ 11350

GOV § 11350 Effective Jan 1, 2007Div. 3 · Title 2 · Part 1 · Ch. 3.5 · Art. 8

Statute text

(a)Any interested person may obtain a judicial declaration as to the validity of any regulation or order of repeal by bringing an action for declaratory relief in the superior court in accordance with the Code of Civil Procedure. The right to judicial determination shall not be affected by the failure either to petition or to seek reconsideration of a petition filed pursuant to Section 11340.7 before the agency promulgating the regulation or order of repeal. The regulation or order of repeal may be declared to be invalid for a substantial failure to comply with this chapter, or, in the case of an emergency regulation or order of repeal, upon the ground that the facts recited in the finding of emergency prepared pursuant to subdivision (b) of Section 11346.1 do not constitute an emergency within the provisions of Section 11346.1.

(b)In addition to any other ground that may exist, a regulation or order of repeal may be declared invalid if either of the following exists:

(1)The agency’s determination that the regulation is reasonably necessary to effectuate the purpose of the statute, court decision, or other provision of law that is being implemented, interpreted, or made specific by the regulation is not supported by substantial evidence.

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Legislative history

Amended by Stats. 2006, Ch. 713, Sec. 5. Effective January 1, 2007.