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Civil Rights Council sends small changes to employment criminal‑history rules for another 15‑day comment period

Civil Rights Council, California Civil Rights Department · April 11, 2023
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Summary

The council voted April 3 to publish further modified text of proposed employment regulations on criminal history for a new 15‑day comment period, approving clarifying cross‑references and subsection language after staff said changes could be viewed as substantive.

SACRAMENTO — The Civil Rights Council on April 3 voted to circulate further modified text of proposed employment regulations addressing use of criminal history in hiring for another 15‑day public comment period.

Council Member Julie Wolinski explained the rulemaking history: an initial notice and 45‑day comment period last year, followed by subcommittee revisions and two prior 15‑day comment periods. Staff proposed two additional, small edits: clarifying the subsections to which section a45 applies and fixing a typographical error in cross‑reference b6 (change should refer to b1–b5). Because the edits could be interpreted as substantive, the council voted to issue an additional 15‑day notice.

After no public testimony on the item, a motion to approve the circulation for the 15‑day comment period was adopted by roll call; Council Members Hong, Allude, Chair Sandoval and Walensky voted yes. Director Kevin Kish reminded the council he is a nonvoting member.

What happens next: staff will publish the modified text and the 15‑day notice; the department will accept written comments during that period and include them in the administrative rulemaking file, with the council responding in the final statement of reasons.