Case Study: Bollay V. Calif. OAL

Law360, New York (May 20, 2011, 3:53 PM EDT) -- The Administrative Procedures Act (APA) generally requires state and regional agencies to provide public notice and an opportunity for public comment before adopting a regulation. However, it is not always clear when a "policy" is a regulation and, even when it is clearly a regulation, whether it falls within an exception to the Administrative Procedures Act’s notice and comment requirements.

The California Court of Appeal tackled one of these exceptions in Bollay v. California Office of Administrative Law, C063268 (Third Appellate District, March 1, 2011). In...
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