(a) An agency that adds any technical, theoretical, or empirical study, report, or similar document to the rulemaking file after publication of the notice of proposed action and relies on the document in proposing the action shall make the document available as required by this section.
(b) At least 15 calendar days before the proposed action is adopted by the agency, the agency shall mail to all of the following persons a notice identifying the added document and stating the place and business hours that the document is available for public inspection:
(1) Persons who testified at the public hearing.
(2) Persons who submitted written comments at the public hearing.
(3) Persons whose comments were received by the agency during the public comment period.
(4) Persons who requested notification from the agency of the availability of changes to the text of the proposed regulation.
(c) The document shall be available for public inspection at the location described in the notice for at least 15 calendar days before the proposed action is adopted by the agency.
(d) Written comments on the document or information received by the agency during the availability period shall be summarized and responded to in the final statement of reasons as provided in Section 11346.9.
(e) The rulemaking file shall contain a statement confirming that the agency complied with the requirements of this section and stating the date on which the notice was mailed.
(f) If there are no persons in categories listed in subdivision (b), then the rulemaking file shall contain a confirming statement to that effect.
(Added by Stats. 2000, Ch. 1060, Sec. 29. Effective January 1, 2001.)
Last modified: October 25, 2018