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Board counsel briefs members on California rulemaking process and timelines
Summary
Regulations counsel Christy Shields gave the Board of Vocational Nursing and Psychiatric Technicians a step-by-step primer on adopting regulations under the California Administrative Procedure Act, highlighting required filings, control-agency review, comment windows and timing constraints that can extend rulemaking to more than a year.
Christy Shields, regulations counsel for the Department of Consumer Affairs, told the Board of Vocational Nursing and Psychiatric Technicians on Feb. 5 that regulations carry the force of law and agencies must follow the California Administrative Procedure Act when adopting, amending or repealing rules.
Shields summarized the process and practical timing. "Since regulations have the force of law, state agencies must follow the process aligned in the APA to ensure due process to those affected by the regulations proposed to be adopted," she said, and she cited Government Code section 11342.6 when explaining what counts as a regulation.
Shields outlined four internal stages the department uses — concept, production, initial and final — and the board’s role at each step. The production phase requires the staff and counsel to…
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