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ARNOLD SCHWARZENEGGER, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2004, NO. 10-Z MARCH 5, 2004 PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Page Conflict of Interest Code—Notice File No. Z04-0224-07 .................................................................................... 277 State Agency: California State Fair TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Post-Election Fundraising—Notice File No. Z04-0224-04 .................................................................................. 278 TITLE 10. DEPARTMENT OF INSURANCE Low Cost Automobile Insurance Rates—Notice File No. Z04-0218-01 ................................................................ 279 TITLE 14. FISH AND GAME COMMISSION Xantus’s Murrelet—Notice File No. Z04-0224-05 ............................................................................................... 281 TITLE 16. STRUCTURAL PEST CONTROL BOARD Continuing Education—Notice File No. Z04-0224-02 ......................................................................................... 284 TITLE MPP. DEPARTMENT OF SOCIAL SERVICES Job Retention Services for Former CalWORKs Recipients—Notice File No. Z04-0223-01 ................................... 286 GENERAL PUBLIC INTEREST DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING Ineligible Prospective Contracts ........................................................................................................................ 288 DEPARTMENT OF FISH AND GAME CESA Consistency Determination for DARPA Grand Challenge Event................................................................ 288 FISH AND GAME COMMISSION (Continuation of Register 2004, No. 3-Z and Commission Meeting of February 6, 2004) .................................... 289 (Continued on next page) Time- Dated Material

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Page 1: ARNOLD SCHWARZENEGGER, GOVERNOR OFFICE OF ...2017/05/10  · ARNOLD SCHWARZENEGGER, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2004, NO. 10-Z

ARNOLD SCHWARZENEGGER, GOVERNOR OFFICE OF ADMINISTRATIVE LAW

California Regulatory Notice RegisterREGISTER 2004, NO. 10-Z MARCH 5, 2004PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW

PROPOSED ACTION ON REGULATIONSTITLE 2. FAIR POLITICAL PRACTICES COMMISSION PageConflict of Interest Code—Notice File No. Z04-0224-07 .................................................................................... 277

State Agency: California State Fair

TITLE 2. FAIR POLITICAL PRACTICES COMMISSIONPost-Election Fundraising—Notice File No. Z04-0224-04 .................................................................................. 278

TITLE 10. DEPARTMENT OF INSURANCELow Cost Automobile Insurance Rates—Notice File No. Z04-0218-01 ................................................................ 279

TITLE 14. FISH AND GAME COMMISSIONXantus’s Murrelet—Notice File No. Z04-0224-05 ............................................................................................... 281

TITLE 16. STRUCTURAL PEST CONTROL BOARDContinuing Education—Notice File No. Z04-0224-02......................................................................................... 284

TITLE MPP. DEPARTMENT OF SOCIAL SERVICESJob Retention Services for Former CalWORKs Recipients—Notice File No. Z04-0223-01................................... 286

GENERAL PUBLIC INTERESTDEPARTMENT OF FAIR EMPLOYMENT AND HOUSINGIneligible Prospective Contracts ........................................................................................................................ 288

DEPARTMENT OF FISH AND GAMECESA Consistency Determination for DARPA Grand Challenge Event................................................................ 288

FISH AND GAME COMMISSION(Continuation of Register 2004, No. 3-Z and Commission Meeting of February 6, 2004).................................... 289

(Continued on next page)

Time-Dated

Material

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DECISION NOT TO PROCEEDDEPARTMENT OF FOOD AND AGRICULTURERegarding Notice File No. Z04-0220-01, Which Deals with Cattle Health Advisory Task Force .......................... 291

SUMMARY OF REGULATORY ACTIONSRegulations filed with the Secretary of State ..................................................................................................... 291Sections Filed, October 22, 2003 to February 25, 2004...................................................................................... 292

The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containingnotices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in theCalifornia Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in theCalifornia Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore,that issues of the California Regulatory Notice Register be retained for a minimum of 18 months.

CALIFORNIA REGULATORY NOTICE REGISTER (ISSN 1041-2654) is published weekly by the Office ofAdministrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by the Office of StatePublishing and is offered by subscription for $302.00 (annual price). To order or make changes to current subscriptions, pleasecall (916) 445-5353 or (916) 445-5386. For outside of the Sacramento area, call (800) 963-7860. Periodicals postage paid atSacramento, CA and additional mailing offices. POSTMASTER: Send address changes to the: CALIFORNIAREGULATORY NOTICE REGISTER, Customer Coordinator, Office of State Publishing, 344 N. 7th Street, MassMail/Addressing Services, Sacramento, CA 95814-0212. The Register can also be accessed at http://www.oal.ca.gov.

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PROPOSED ACTION ONREGULATIONS

Information contained in this document ispublished as received from agencies and isnot edited by the Office of State Publishing.

TITLE 2. FAIR POLITICALPRACTICES COMMISSION

NOTICE IS HEREBY GIVEN that the FairPolitical Practices Commission, pursuant to theauthority vested in it by Sections 82011, 87303 and87304 of the Government Code to review proposedconflict of interest codes, will review the proposed/amended conflict of interest codes of the following:

CONFLICT OF INTEREST CODES

AMENDMENT

STATE AGENCY:California State Fair

A written comment period has been establishedcommencing on March 5, 2004, and closing onApril 19, 2004. Written comments should be directedto the Fair Political Practices Commission, AttentionKevin S. Moen, 428 J Street, Suite 620, Sacramento,California 95814.

At the end of the 45-day comment period, theproposed conflict of interest code(s) will be submittedto the Commission’s Executive Director for hisreview, unless any interested person or his or her dulyauthorized requests, no later than 15 days prior to theclose of the written comment period, a public hearingbefore the full Commission. If a public hearing isrequested, the proposed code(s) will be submitted tothe Commission for review.

The Executive Director or the Commission willreview the above-referenced conflict of interestcode(s), proposed pursuant to Government CodeSection 87300, which designate, pursuant to Govern-ment Code Section 87302, employees who mustdisclose certain investments, interests in real propertyand income.

The Executive Director or the Commission, uponhis or its own motion or at the request of any interestedperson, will approve, or revise and approve, or returnthe proposed code(s) to the agency for revision andre-submission within 60 days without further notice.

Any interested person may present statements,arguments or comments, in writing to the ExecutiveDirector of the Commission, relative to review of theproposed conflict of interest code(s). Any written

comments must be received no later than April 19,2004. If a public hearing is to be held, oral commentsmay be presented to the Commission at the hearing.

COST TO LOCAL AGENCIES

There shall be no reimbursement for any new orincreased costs to local government which may resultfrom compliance with these codes because these arenot new programs mandated on local agencies by thecodes since the requirements described herein weremandated by the Political Reform Act of 1974.Therefore, they are not ‘‘costs mandated by the state’’as defined in Government Code Section 17514.

EFFECT ON HOUSING COSTSAND BUSINESSES

Compliance with the codes has no potential effecton housing costs or on private persons, businesses orsmall businesses.

AUTHORITY

Government Code Sections 82011, 87303 and87304 provide that the Fair Political PracticesCommission as the code reviewing body for the aboveconflict of interest codes shall approve codes assubmitted, revise the proposed code and approve it asrevised, or return the proposed code for revision andre-submission.

REFERENCE

Government Code Sections 87300 and 87306provide that agencies shall adopt and promulgateconflict of interest codes pursuant to the PoliticalReform Act and amend their codes when change isnecessitated by changed circumstances.

CONTACT

Any inquiries concerning the proposed conflict ofinterest code(s) should be made to Kevin S. Moen,Fair Political Practices Commission, 428 J Street,Suite 620, Sacramento, California 95814, telephone(916) 322-5660.

AVAILABILITY OF PROPOSED CONFLICTOF INTEREST CODES

Copies of the proposed conflict of interestcodes may be obtained from the Commission officesor the respective agency. Requests for copies from theCommission should be made to Kevin S. Moen,Fair Political Practices Commission, 428 J Street,Suite 620, Sacramento, California 95814, telephone(916) 322-5660.

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TITLE 2. FAIR POLITICALPRACTICES COMMISSION

NOTICE IS HEREBY GIVEN that the FairPolitical Practices Commission, under the authorityvested in it by Section 83112 of the Government Code,proposes to adopt, amend, or repeal regulations inTitle 2, Division 6 of the California Code ofRegulations. The Fair Political Practices Commissionwill consider the proposed regulations at a publichearing on or after April 8, 2004 at 9:30 a.m. Writtencomments must be received at the Commission officesno later than noon on April 7, 2004.

BACKGROUND/OVERVIEWOn November 7, 2000, the voters approved

Proposition 34, which significantly amended thePolitical Reform Act. 1 Among other things, Proposi-tion 34 imposes limits on post-election fundraising.Section 85316 provides: ‘‘A contribution for anelection may be accepted by a candidate for electivestate office after the date of the election only to theextent that the contribution does not exceed net debtsoutstanding from the election, and the contributiondoes not otherwise exceed the applicable contributionlimit for that election.’’ The Commission adoptedregulation 18531.6 in 2001 to interpret that statute. Inlight of recent experiences during the gubernatorialrecall election, including a superior court ruling, inJanuary of this year, the Commission amendedregulation 18531.6 on an emergency basis to sunset itsprovisions on January 23, 2004. A new regulation,18531.61, applying the prohibition of section 85316 toall contributions received by any committee on or afterJanuary 24, 2004, was adopted on an emergency basis.The Commission will consider making permanent thechanges made to regulation 18531.6 and permanentlyadopting regulation 18531.61. The Commission mayalso consider making changes to either regulation18531.6 or 18531.61 at the hearing prior to adoption.

PROPOSED REGULATORY ACTIONAmend 2 Cal. Code Regs. § 18531.6: The Commis-sion will consider permanently amending this regula-tion consistent with the emergency amendment madein January, 2004, by which the Commission madeapplicable the regulation’s provision to contributionsreceived on or before January 23, 2004.

Adopt 2 Cal. Code Regs. § 18531.61: As the title andsubdivision (a) of the new regulation make clear, thenew rule applying section 85316 to pre-34 committeesapplies to transactions occurring on and after theeffective date of the regulation, January 24, 2004.

There are two distinct segments to the new rule thatare encompassed in subdivision (a). Section 85316 hastwo forms of limitation: Part 1) a limit in theaggregate of accepting contributions up to the totalamount of net debt outstanding; and Part 2) a percontribution limit on individual contributors. The firstsentence of subdivision (a) of the regulation states thisgeneral rule. The second sentence of the subdivisioninstructs how to identify the limit referred to in Part 2of the statute—‘‘the applicable contribution limit forthat election.’’ (§ 85316.) The second sentence coverselections where limits are or were in place andestablishes the limit as that which was in place at thetime of the election. Thus, for a post-34 election, acontribution accepted two years after the electionwould be limited to the amount the contributor couldhave given on the date the election was held. Thismeans that the contributor will not be able to takeadvantage of any intervening increases in the contri-bution limit for that office which might have takenplace as a result of the periodic increases in the limitthat reflect inflation. It is important to emphasize thatthe regulation does not apply individual contributionlimits to pre-34 committees. This is consistent withsection 85321, which states that payments received bycommittees formed for elections prior to January 1,2001, are not subject to individual contributor limits(sections 85301 and 85302) when raising funds toretire net debt.

The remaining provisions of regulation 18531.61are the same as regulation 18531.6.

The Commission may adopt the language noticed inthese regulations, or it may choose new language toimplement its decisions concerning the issues identi-fied above or related issues.

FISCAL IMPACT STATEMENTFiscal Impact on Local Government. These regula-

tions will have no fiscal impact on any local entity orprogram.

Fiscal Impact on State Government. These regula-tions will have no fiscal impact on any state entity orprogram.

Fiscal Impact on Federal Funding of StatePrograms. These regulations will have no fiscal impacton the federal funding of any state program or entity.

AUTHORITYSection 83112 provides that the Fair Political

Practices Commission may adopt, amend, and rescindrules and regulations to carry out the purposes andprovisions of the Political Reform Act.

REFERENCEThe purpose of these regulations is to implement,

interpret and make specific Section 83 of Proposition34 and Government Code Sections 85201, 85301,85302, 85306, 85316, 85317, 85318 and 85321.

———1 Government Code Sections 81000–91014. Statutory references

are to the Government Code.

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CONTACTAny inquiries should be made to C. Scott Tocher,

Fair Political Practices Commission, 428 J Street,Suite 800, Sacramento, CA 95814; telephone(916) 322-5660 or 1-866-ASK-FPPC. Proposedregulatory language can be accessessed at

www.fppc.ca.gov.

ADDITIONAL COMMENTSAfter the hearing, the Commission may adopt or

repeal the proposed regulations if they remainsubstantially the same as described or as in the textoriginally made available to the public. The Commis-sion may make changes to the proposed regulationsbefore their adoption or repeal.

TITLE 10. DEPARTMENTOF INSURANCE

NOTICE OF PROPOSED ACTION ANDNOTICE OF PUBLIC HEARING

REGARDING LOW COST AUTOMOBILEINSURANCE RATES

RH04034851February 18, 2004

SUBJECT OF HEARINGCalifornia Insurance Commissioner John

Garamendi will hold a public hearing to consider ratesfor the California Low Cost Automobile InsuranceProgram.

Currently, annual premiums for the low costautomobile insurance policy are $347 per vehicle forLos Angeles County and $314 per vehicle for the Cityand County of San Francisco. A 25 percent surchargeis added to the base rate for unmarried male driversages 19 through 24 years of age. Coverages foruninsured motorists bodily injury and medical pay-ments are also available at additional cost. The currentannual premiums for uninsured motorists coverage are$64 per vehicle for Los Angeles County and $39 pervehicle for the City and County of San Francisco. Formedical payments coverage, the current rates are $26per vehicle for Los Angeles County and $24 pervehicle for the City and County of San Francisco.

The California Automobile Assigned Risk Plan(‘‘CAARP’’) has proposed to maintain all current ratesand to maintain the current 25 percent surcharge forcertain drivers. The Commissioner will considerCAARP’s rate proposal and invites other commentsfrom the public. Premium rates are specified in theprogram’s Plan of Operations, approved by theCommissioner. California Code of Regulations,Title 10, Chapter 5, Section 2498.6 referencesthis plan.

AUTHORITY TO ADOPT RATESAND REFERENCE

The Insurance Commissioner will consider theproposed rates pursuant to the authority vested in himby California Insurance Code Sections 11620, 11624,11629.72 and 11629.92. Premium rates, referenced inSection 27 of the Plan of Operations, are set forth inInsurance Code Sections 11629.72 and 11629.92, andamended by 2002 Stats., chapter 742. GovernmentCode Section 11343(a) applies to this proceeding.

HEARING DATE AND LOCATIONNotice is hereby given that a public hearing will be

held to permit all interested persons the opportunity topresent statements or arguments, orally or in writing,with respect to the proposed rates at the followingdate, time, and place:Date and Time: April 27, 2004

11:00 a.m.Location: 45 Fremont Street

22nd Floor Hearing RoomSan Francisco, California 94105

ACCESS TO HEARING ROOMThe facilities to be used for the public hearing are

accessible to persons with mobility impairments.Persons with sight or hearing impairments arerequested to notify the contact person (listed below)for this hearing in order to make special arrangements,if necessary.

WRITTEN AND/OR ORAL COMMENTS:AGENCY CONTACT PERSON

All persons are invited to submit written commentsto the Insurance Commissioner on the proposed ratesprior to the public comment deadline. Commentsshould be addressed to the contact person for thisproceeding:

Mary Ann Shulman, Staff CounselCalifornia Department of InsuranceRate Enforcement Bureau45 Fremont Street, 21st FloorSan Francisco, CA [email protected]: (415) 538-4133Facsimile: (415) 904-5490The backup agency contact person for this proceed-

ing will be:Elizabeth Mohr, Assistant Chief CounselCalifornia Department of InsuranceRate Enforcement Bureau45 Fremont Street, 21st FloorSan Francisco, CA [email protected]: (415) 538-4112Facsimile: (415) 904-5490

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All persons are invited to present oral and/or writtentestimony at the scheduled public hearing.

DEADLINE FOR WRITTEN COMMENTSAll written materials, unless submitted at the

hearing, must be received by the Insurance Commis-sioner at the address listed above no later than5:00 p.m. on April 27, 2004. Any written materialsreceived after that time will not be considered. Writtencomments may also be submitted to the contact personby e-mail and facsimile transmission. Written com-ments shall be submitted by one method only.

ADVOCACY OR WITNESS FEESPersons or groups representing the interest of

consumers may be entitled to reasonable advocacyfees, witness fees, and other reasonable expenses, inaccordance with the provisions of California Code ofRegulations, Title 10, Sections 2662.1–2662.6 inconnection with their participation in this matter.Interested persons must submit a Petition to Partici-pate, as specified in California Code of Regulations,Title 10, Section 2661.4. The Petition to Participatemust be submitted to the Commissioner at the Officeof the Public Advisor at the following address:

California Department of InsuranceOffice of the Public Advisor300 Capitol Mall, Suite 1700Sacramento, CA 95814Telephone: (916) 492-3500

A copy of the Petition to Participate must also besubmitted to the contact person for this hearing (listedabove). For further information, please contact theOffice of the Public Advisor.

INFORMATIVE DIGESTCalifornia Insurance Code Sections 11629.7

through 11629.999 establish, within the CaliforniaAutomobile Assigned Risk Plan (CAARP), estab-lished under Section 11620 of the Insurance Code,low-cost automobile insurance pilot programs for theCounty of Los Angeles and the City and County of SanFrancisco.

Because the pilot programs are established andadministered through CAARP, CAARP procedures areapplied where appropriate and not inconsistent withthe low cost automobile insurance statutes. InsuranceCode Sections 11620 and 11624 require the Commis-sioner to hold a public hearing before amendingassigned risk plan rates.

Sections 11629.7 and 11629.9 of the InsuranceCode require that, after a public hearing, the Commis-sioner shall approve or issue a reasonable plan for theequitable apportionment, among insurers, of eligibleconsumers. The plan also contains rules and rates. This

plan, approved by the Commissioner, is referenced inTitle 10, Section 2498.6 of the California Code ofRegulations.

Under the pilot programs, the low-cost auto policysatisfies the financial responsibility laws and providescoverage of $10,000 for liability for bodily injury ordeath to one person, subject to a cumulative limit of$20,000 for all persons in one accident, and $3,000 forliability for damage to property. In addition toeligibility and other requirements, the statute sets forththe initial annual premium rates. In certain cases,surcharges are added to the base rate. The statute alsoprovides procedures for adjusting the rates.

Sections 11629.72 and 11629.92 of the InsuranceCode set initial premium rates of $450 for the Countyof Los Angeles and $410 for the City and County ofSan Francisco, with a 25 percent surcharge in specifiedcases. As amended by 2002 Statutes, chapter 742,annual premium rates were reduced to $347 pervehicle in the County of Los Angeles and $314 pervehicle in the City and County of San Francisco,effective March 1, 2003. The new legislation autho-rizes the Commissioner to set the surcharge rate.

In addition, the recent legislation also requiresuninsured motorists and medical payments coveragesbe offered under the pilot programs. Although thelegislation did not set rates, it provides that liabilitylimits for uninsured motorists bodily injury liabilityequal to the underlying low cost auto policy satisfyfinancial responsibility laws. In consultation withCAARP, the Commissioner established uniform ratesand limits for these additional coverages by emer-gency regulation. The initial annual premiums set foruninsured motorists coverage, at limits of $10,000 forbodily injury or death to one person, subject to acumulative limit of $20,000 for all persons in oneaccident, were $64 for Los Angeles County and $39for the City and County of San Francisco. For medicalpayments coverage, at limits of $1,000, rates were setat $26 for Los Angeles County and $24 for the Cityand County of San Francisco. Subsequently, theserates and limits were adopted through the regularrate-setting process, after public hearing.

Insurance Code Sections 11629.72(c) and11629.92(c) provide that, annually, CAARP shallsubmit to the Commissioner a proposed rate andsurcharge for approval. Accordingly, CAARP hassubmitted a proposal. CAARP proposes no change inrates or surcharge. Further details appear in theapplication on file with the Commissioner, which isavailable for review as set forth below.

COMPARABLE FEDERAL LAW

There are no comparable existing federal regula-tions or statutes.

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LOCAL MANDATE DETERMINATIONThe Insurance Commissioner has initially deter-

mined that the proposal will not result in any newprogram mandates on local agencies or schooldistricts.

COST OR SAVINGS TO AGENCIES / SCHOOLDISTRICTS / FEDERAL FUNDING

The Insurance Commissioner has initially deter-mined that the proposal will not result in any cost orsignificant savings to any local agency or schooldistrict for which Part 7 (commencing with Section17500) of Division 4 of the Government Code wouldrequire reimbursement, or in other nondiscretionarycosts or savings to local agencies. Nor will theproposal affect federal funding to the state.

SIGNIFICANT STATEWIDE ADVERSEECONOMIC IMPACT ON BUSINESSESAND THE ABILITY OF CALIFORNIA

BUSINESSES TO COMPETEBecause the proposal involves rates for private

passenger automobiles, the Insurance Commissionerhas initially determined that the proposal will not havea significant statewide adverse economic impactdirectly affecting businesses, including the ability ofCalifornia businesses to compete with businesses inother states. This proposal will have no effect on thecreation or elimination of jobs in California, thecreation of new businesses, the elimination of existingbusinesses in California, or the expansion of busi-nesses in California.

COST IMPACT ON PRIVATE PERSONSOR ENTITIES

The Insurance Commissioner has initially deter-mined that the proposal will not impact businesses, butwill have a potential cost impact on private personsdirectly affected.

IMPACT ON HOUSING COSTSThe Insurance Commissioner has initially deter-

mined that the proposal will not affect housing costs.

SPECIFIC TECHNOLOGIES OR EQUIPMENTThe proposal would not mandate the use of specific

technologies or equipment.

ALTERNATIVESThe Insurance Commissioner must determine that

no reasonable alternative considered by the agency, orthat has otherwise been identified and brought to theattention of the agency, would be more effective incarrying out the purpose for which the action isproposed or would be as effective and less burden-some to affected private persons than the proposedaction.

The agency invites interested persons to presentstatements or arguments with respect to the proposedrate, or other alternatives, at the scheduled hearing orduring the written comment period.

PLAIN ENGLISHThe rate application describing the proposal is in

plain English. However, the application itself is basedon technical actuarial principles.

TEXT AND INITIAL STATEMENT OF REASONSThe Department has prepared an Initial Statement of

Reasons addressing the proposed rates in addition tothe Informative Digest included in this notice. TheInitial Statement of Reasons and this Notice ofProposed Action are available for inspection orcopying, and will be provided at no charge uponrequest to a contact person listed above. Further detailsof CAARP’s rate application are on file with theCommissioner and available for review as set forthbelow.

ACCESS TO RULEMAKING FILEAny interested person may inspect a copy of or

direct questions about the proposed rate application,the statement of reasons, and any supplementalinformation contained in the rulemaking file bycontacting the contact person listed above. Byprior appointment, the rulemaking file is availablefor inspection at 45 Fremont Street, 21st Floor,San Francisco, California 94105, between the hours of9:00 a.m. and 4:30 p.m. Monday through Friday.

AUTOMATIC MAILINGA copy of this Notice, including the Informative

Digest, is being sent to all persons on the InsuranceCommissioner’s mailing list.

AVAILABILITY OF DOCUMENTSON THE INTERNET

The Initial Statement of Reasons and this Noticeof Proposed Action will be published online and maybe accessed through the Department’s website atwww.insurance.ca.gov.

TITLE 14. FISH ANDGAME COMMISSION

NOTICE OF PROPOSED CHANGESIN REGULATIONS

NOTICE IS HEREBY GIVEN that the Fish andGame Commission (Commission), pursuant to theauthority vested by Sections 2070 and 2075.5 of theFish and Game Code and to implement, interpret ormake specific Sections 1755, 2055, 2062, 2067, 2070,

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2072.7, 2075.5 and 2077 of said Code, proposes toamend Section 670.5, Title 14, California Code ofRegulations, relating to Xantus’s murrelet.

INFORMATIVE DIGEST/POLICYSTATEMENT OVERVIEW

The Department of Fish and Game recommends thatthe Commission amend Section 670.5 of Title 14,CCR, to add Xantus’s Murrelet (Synthliboramphushypoleucus) to the list of threatened birds (Subsection(b)(5)). The Department’s recommendation is basedupon limited distribution and small population size,and the documentation of population declines andthreats to the species, to the point that the Departmentbelieves the species meets the criteria for listing asthreatened by the Fish and Game Commission as setforth in the California Endangered Species Act(CESA). The Department is fulfilling its statutoryobligation in making this proposal which, if adopted,would afford this species the recognition and protec-tion available to it under CESA. Xantus’s Murrelet israre in California, and restricted to six nesting islandsin the Channel Islands of southern California. Popu-lation decline is ongoing at the largest colony on SantaBarbara Island based on National Park Servicemonitoring efforts.

NOTICE IS ALSO GIVEN that any personinterested may present statements, orally or in writing,relevant to this action at a hearing to be held inSan Diego, California on Wednesday, May 6, 2004,at 8:30 a.m., or as soon thereafter as the mattermay be heard. Please call the Commission Office at(916) 653-4899 for the exact location of the meeting.At this time, Commission staff has not been able toconfirm the exact location of the meeting. It isrequested, but not required, that written comments besubmitted on or before April 30, 2004, at the addressgiven below, or by fax at (916) 653-5040, or by e-mailto [email protected], but must be received no laterthan May 6, 2004, at the hearing in San Diego, CA. Allwritten comments must include the true name andmailing address of the commentor.

The regulations as proposed in strikeout-underlineformat, as well as an initial statement of reasons,including environmental considerations and all infor-mation upon which the proposal is based (rulemakingfile), are on file and available for public reviewfrom the agency representative, Robert R. Treanor,Executive Director, Fish and Game Commission,1416 Ninth Street, Box 944209, Sacramento,California 94244-2090, phone (916) 653-4899. Pleasedirect inquiries to Robert R. Treanor or Tracy L. Reedat the preceding address or phone number, Ms. EstherBurkett, Department of Fish and Game, phone(916) 654-4273, has been designated to respond toquestions on the substance of the proposed regula-

tions. Copies of the Initial Statement of Reasons,including the regulatory language, may be obtainedfrom the address above. Notice of the proposed actionshall be posted on the Fish and Game Commissionwebsite at http://www.dfg.ca.gov.

AVAILABILITY OF MODIFIED TEXTIf the regulations adopted by the Commission differ

from but are sufficiently related to the action proposed,they will be available to the public for at least 15 daysprior to the date of adoption. Any person interestedmay obtain a copy of said regulations prior to the dateof adoption by contacting the agency representativenamed herein.

If the regulatory proposal is adopted, the finalstatement of reasons may be obtained from the addressabove when it has been received from the agencyprogram staff.

IMPACT OF REGULATORY ACTIONThe potential for significant statewide adverse

economic impacts that might result from the proposedregulatory action has been assessed, and the followinginitial determinations relative to the required statutorycategories have been made:(a) Significant Statewide Adverse Economic Impact

Directly Affecting Business, including the Abilityof California Businesses to Compete with Busi-nesses in Other States:While the statutes of the California EndangeredSpecies Act (CESA) do not specifically prohibitthe consideration of economic impact in determin-ing if listing is warranted, the Attorney General’sOffice has consistently advised the Commissionthat it should not consider economic impact inmaking a finding on listing. This is founded in theconcept that CESA was drafted in the image of thefederal Endangered Species Act. The federal actspecifically prohibits consideration of economicimpact during the listing process.CESA is basically a two-stage process. During thefirst stage, the Commission must make a findingon whether or not the petitioned action iswarranted. By statute, once the Commission hasmade a finding that the petitioned action iswarranted, it must initiate a rulemaking process tomake a corresponding regulatory change. Toaccomplish this second stage, the Commissionfollows the statutes of the Administrative Proce-dure Act (APA).The provisions of APA, specifically sections11346.3 and 11346.5 of the Government Code,require an analysis of the economic impact of theproposed regulatory action. While Section 11346.3requires an analysis of economic impact onbusinesses and private persons, it also contains a

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subdivision (a) which provides that agencies shallsatisfy economic assessment requirements only tothe extent that the requirements do not conflictwith other state laws. In this regard, the provisionsof CESA leading to a finding are in apparentconflict with Section 11346.3, which is activatedby the rulemaking component of CESA.

Since the finding portion of CESA is silent toconsideration of economic impact, it is possiblethat subdivision (a) of Section 11346.3 does notexclude the requirement for economic impactanalysis. While the Commission does not believethis is the case, an abbreviated analysis of thelikely economic impact of the proposed regulationchange on businesses and private individuals isprovided. The intent of this analysis is to providedisclosure, the basic premise of the APA process.The Commission believes that this analysis fullymeets the intent and language of both statutoryprograms.

Designating Xantus’s murrelet as threatened willsubject the species to the provisions of CESA,including the prohibition on take except as may bepermitted by the Department. The designation ofXantus’s Murrelet as a threatened species underCESA is not expected to result in significantstatewide adverse economic impacts directlyaffecting businesses, including the ability ofCalifornia businesses to compete with businessesin other states, for the reasons discussed below.

Where the Department authorizes take of Xantus’smurrelet that is incidental to an otherwise lawfulactivity, impacts of the taking must be minimizedand fully mitigated, and any such mitigation mustbe monitored for effectiveness under CESA.Permitting under CESA for incidental take ofXantus’s murrelet will result in increased costwhen compared to the status quo, but these costsare not expected to be significant statewideadverse economic impacts because of the limitedrange of the species within California.

Designating the Xantus’s murrelet as a threatenedspecies could also result in increased mitigationcosts under CEQA to public agencies, businessesand other persons in California. These increasedcosts are also not expected to be significant andadverse on a statewide basis given the limitedrange of the species within California. Likewise,these increased costs are not expected to besignificant and adverse on a statewide basisbecause the rarity of the species may alreadysubject projects with the potential for significantadverse impacts on the species or its habitat to

heightened scrutiny and related mitigation obliga-tions under CEQA (CEQA Guidelines, Sections15065, 15380).Project costs as a result of CEQA and CESA mayinclude, but are not limited to protection andpurchase of off-site habitat, development andimplementation of management plans, establish-ment of new populations, predator management,establishing a nest box program, protection ofadditional habitat, and long-term monitoring. Evenwith these potential costs, the Department mayidentify innovative ways to avoid potential take ofmurrelets, such as through educational efforts,proper signing of nesting areas, and letter agree-ments with various public agency and privatesector stakeholder groups. These efforts mayeliminate the need for mitigation measures andtheir associated costs, at least in some instances.A potential economic benefit of listing for thelocal economy and the Department could resultfrom viewing and interpretation activities involv-ing Threatened and Endangered wildlife. Personsinterested in such activities would spend money inlocal communities for food, lodging, equipment,and transportation. The murrelet could be includedin wildlife interpretation programs and thuscontribute to public education about Threatenedand Endangered species. Increased public educa-tion could result in increased contributions to theState’s Rare and Endangered Species Tax Check-off program, which would in turn provide furtherfunding for management and recovery activitiesfor all listed species. Private tour operators couldalso potentially benefit economically from in-creased tourism, interpretation, and educationalactivities.Additionally, private biological consulting firmscould benefit economically from assisting in thedevelopment and implementation of mitigationmeasures. Such firms specialize in acting as aliaison between the Department and permit appli-cants.

(b) Impact on the Creation or Elimination of Jobswithin the State, the Creation of New Businessesor the Elimination of Existing Businesses, or theExpansion of Businesses in California:Designating the Xantus’s murrelet as a threatenedspecies under CESA is not expected to result in asignificant impact on the creation or elimination ofjobs within the State, the creation of newbusinesses or the elimination of existing busi-nesses, or the expansion of businesses in Califor-nia. In contrast, listing the species as threatenedunder CESA could result in economic impacts tocertain businesses in and around documented

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nesting and foraging habitat for the species,including the Channel Islands. These businessesinclude the commercial squid fishery, other sportand recreational fisheries, and commercial recre-ational businesses engaged in, for example, seakayak tours and sport diving. Economic impacts tothese businesses could result from permitting costsunder CESA where incidental take authorizationfrom the Department is requested. Because it isunclear whether or the extent to which thesecommercial activities result in take of Xantus’smurrelet as defined by State law, permittingrelated costs are also difficult to estimate at thistime.As was noted in the section above (VI)(a), theremay be offsetting costs that balance out in the longrun, resulting in no net significant adverseeconomic impacts on jobs or businesses fromlisting the murrelet as threatened (see also sectionVI d, below). Maintenance of sustainable fisheriesand an ecologically balanced natural environment,and maintenance of recreational/tourism activitiesin the Channel Islands area where the murreletsnest will help assure economic vitality and adiversity of jobs in the State over the long term.

(c) Cost Impacts on a Representative Private Personor Business:Designation of threatened or endangered status,per se, would not necessarily result in anysignificant cost to private persons or entitiesundertaking activities subject to CEQA. CEQApresently requires private applicants undertakingprojects subject to CEQA to consider de factoendangered (or threatened) and rare species to besubject to the same protections under CEQA asthough they are already listed by the Commissionin Section 670.2 or 670.5 of Title 14, CCR (CEQAGuidelines Section 15380).Any added costs should be more than offset bysavings that would be realized through theinformation consultation process available toprivate applicants under CESA. The processwould allow conflicts to be resolved at an earlystage in project planning and development,thereby avoiding conflicts later in the CEQAreview process, which would be more costly anddifficult to resolve.Actual cost impacts are difficult to determine sincethe Department has not fully evaluated innovativeways to inform and educate all entities in theChannel Islands area with the potential to takemurrelets. If extensive public outreach is under-taken to a variety of user groups (including sportdivers, sea kayakers, hikers, market squid fisher-men, etc.), take of murrelets can be avoided or

minimized, and the need for mitigation measuresand their associated costs can also be reduced. TheDepartment can also utilize the educationaloutreach abilities of other entities such as privateconservation organizations and federal land man-agement agencies to help inform the public ofactions they can implement to minimize take ofmurrelets. Significant cost impacts on representa-tive private persons or businesses are not expectedas a result.

(d) Costs or Savings to State Agencies or Costs/Savings in Federal funding to the State: None.

(e) Nondiscretionary Costs/Savings to Local Agen-cies: None.

(f) Programs Mandated on Local Agencies or SchoolDistricts: None.

(g) Costs Imposed on any Local Agency or SchoolDistrict that is Required to be Reimbursed UnderPart 7 (commencing with Section 17500) ofDivision 4: None.

(h) Effect on Housing Costs: None.

EFFECT ON SMALL BUSINESSIt has been determined that the adoption of these

regulations may affect small business.

CONSIDERATION OF ALTERNATIVESThe Commission must determine that no reasonable

alternative considered by the Commission, or that hasotherwise been identified and brought to the attentionof the Commission, would be more effective incarrying out the purpose for which the action isproposed or would be as effective and less burden-some to affected private persons than the proposedaction.

TITLE 16. STRUCTURAL PESTCONTROL BOARD

NOTICE IS HEREBY GIVEN that the StructuralPest Control Board is proposing to take the actiondescribed in the Informative Digest. Any personinterested may present statements or arguments orallyor in writing relevant to the action proposed at ahearing to be held at The Bristol 1055 First Avenue,San Diego, California, at 9:00, a.m. on April 23, 2004.Written comments, including those sent by mail,facsimile, or e-mail to the addresses listed underContact Person in this Notice, must be received by theStructural Pest Control Board at its office not laterthan 5:00 p.m. on April 22, 2004 or must be receivedby the Structural Pest Control Board at the hearing.The Structural Pest Control Board, upon its ownmotion or at the instance of any interested party, maythereafter adopt the proposals substantially as de-scribed below or may modify such proposals if such

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modifications are sufficiently related to the originaltext. With the exception of technical or grammaticalchanges, the full text of any modified proposal will beavailable for 15 days prior to its adoption from theperson designated in this Notice as contact person andwill be mailed to those persons who submit written ororal testimony related to this proposal or who haverequested notification of any changes to the proposal.

AUTHORITY AND REFERENCEPursuant to the authority vested by Sections 8525 of

the Business and Professions Code, and to implement,interpret or make specific Sections 138, 680, 8516,8517, 8560, and 8593 of said Code, the Structural PestControl Board is considering changes to Division 19of Title 16 of the California Code of Regulations asfollows:

INFORMATIVE DIGEST/POLICYSTATEMENT OVERVIEW

Amend 1950: Continuing Education

Licensees are required to gain a certain amount ofcontinuing education hours prior to their licenserenewal. This amendment will establish the specificamount of continuing education hours and coursesneeded for license renewal for Field Representativesand Operators.

Amend 1950.5: Hour Value System

Continuing Education providers will be required totest licensees after they complete Board approvedcourses in technical or rules and regulations. Cur-rently, licensees can obtain C.E. credit throughin-house training. This regulation will specify themaximum amount of hours earned through in-housetraining, the passing score and the conditions forre-examination.

Amend 1951: Examination in Lieu of ContinuingEducation

This amendment will identify examinees as a‘‘licensee’’ or ‘‘licensees’’ and give a specific rating onthe passing score.

Amend 1953: Approval of Activities (e)(g)

Continuing Education Providers are currently re-quired to request a form from the Board beforeconducting continuing education courses. The form(No. 43M-39) has been revised and requires that thecost for the postage to be paid by the provider whenreturning the form to the Board. The amendedlanguage will put the revised evaluation form intoregulation. Language is also being amended to clarifywhat activity is not approved and establishes guide-lines with activities that involve the use of productsused in pest control settings.

Adopt 1922.3: Course requirement by CountyAgricultural Commissioners

Guideline and procedures regarding the CountyAgricultural Commissioner’s authority to issue aNotice of Violation against a Structural Pest ControlBoard licensee.

Adopt 1993.1: Reinspection LanguageLanguage regarding reinspections must appear on

all inspection reports when a bid or estimation forwork is given. The adopted language specifies the timeframe of the reinspection, the definition of a reinspec-tion and the purpose it serves.

FISCAL IMPACT ESTIMATESFiscal Impact on Public Agencies Including Costs or

Savings to State Agencies or Costs/Savings in FederalFunding to the State: There is the cost of postagewhich shall be incurred by the provider.

Nondiscretionary Costs/Savings to Local Agencies:None

Local Mandate: NoneCost to Any Local Agency or School District for

Which Government Code Section 17561 RequiresReimbursement: None

Business Impact: The board has made an initialdetermination that the proposed regulatory actionwould have no significant statewide adverse economicimpact directly affecting business, including theability of California businesses to compete withbusinesses in other states.

Impact on Jobs/New Businesses: The StructuralPest Control Board has determined that this regulatoryproposal will not have a significant impact on thecreation of jobs or new businesses or the eliminationof jobs or existing businesses or the expansion ofbusinesses in the State of California.

Cost Impact on Representative Private Person orBusiness: The cost impacts that a representativeprivate person or business would necessarily incur inreasonable compliance with the proposed action andthat are known to the Structural Pest Control Board ispostage that shall be incurred by the provider.

Effect on Housing Costs: None

EFFECT ON SMALL BUSINESSThe Structural Pest Control Board has determined

that the proposed regulations would affect smallbusinesses.

CONSIDERATION OF ALTERNATIVESThe Structural Pest Control must determine that no

reasonable alternative it considered to the regulation orthat has otherwise been identified and brought to itsattention would either be more effective in carryingout the purpose for which the action is proposed or

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would be as effective and less burdensome to affectedprivate persons than the proposal described in thisNotice.

Any interested person may present statements orarguments orally or in writing relevant to the abovedeterminations at the above-mentioned hearing.

INITIAL STATEMENT OF REASONSAND INFORMATION

The Structural Pest Control Board has prepared aninitial statement of the reasons for the proposed actionand has available all the information upon which theproposal is based.

TEXT OF PROPOSALCopies of the exact language of the proposed

regulations and of the initial statement of reasons, andall of the information upon which the proposal isbased, may be obtained at the hearing or prior to thehearing upon request from the Structural Pest ControlBoard at 1418 Howe Avenue Suite 18, Sacramento,California 95825.

AVAILABILITY AND LOCATION OF THEFINAL STATEMENT OF REASONS

AND RULEMAKING FILEAll the information upon which the proposed

regulations are based is contained in the rulemakingfile which is available for public inspection bycontacting the person named below.

You may obtain a copy of the final statement ofreasons once it has been prepared, by making a writtenrequest to the contact person named below [or byaccessing the website listed below].

CONTACT PERSONAny inquiries or comments concerning the proposed

rulemaking action may be addressed to:

Name: Delores ColemanAddress: 1418 Howe Avenue, Suite 18

Sacramento, CA. 95825Telephone No.: (916) 561-8700Fax No.: (916) 263-2469E-Mail Address: [email protected]

The backup contact person is:Name: Susan SaylorAddress: 1418 Howe Avenue, Suite 18Telephone No.: (916) 561-8700Fax No.: (916) 263-2469E-Mail Address: Susan_ [email protected]

Website Access [if you have a website]: Materialsregarding this proposal can be found at

www.pestboard.ca.gov

TITLE MPP. DEPARTMENT OFSOCIAL SERVICES

NOTICE OF PROPOSED CHANGES INREGULATIONS OF THE

DEPARTMENT OF SOCIAL SERVICES (CDSS)

Item #1 Job Retention Services for FormerCalWORKs Recipients

The CDSS hereby gives notice of the proposedregulatory action(s) described below. Any personinterested may present statements or arguments orallyor in writing relevant to the proposed regulations at apublic hearing to be held April 21, 2004 as follows:

April 21, 2004State Office Building #9744 P Street, AuditoriumSacramento, California

The public hearing will convene at 10:00 a.m. andwill remain open only as long as attendees arepresenting testimony. The CDSS will adjourn thehearings immediately following the completion oftestimony presentations. The above-referenced facilityis accessible to persons with disabilities. If you are inneed of a language interpreter at the hearing (includingsign language), please notify CDSS at least two weeksprior to the hearing.

Statements or arguments relating to the proposalsmay also be submitted in writing, e-mail, or by telefaxto the address/number listed below. All commentsmust be received by 5:00 p.m. on April 21, 2004.

The CDSS, upon its own motion or at the instanceof any interested party, may adopt the proposalssubstantially as described or may modify suchproposals if such modifications are sufficiently relatedto the original text. With the exception of nonsubstan-tive, technical, or grammatical changes, the full text ofany modified proposal will be available for 15 daysprior to its adoption to all persons who testify orsubmit written comments during the public commentperiod, and all persons who request notification.Please address requests for regulations as modified tothe agency representative identified below.

Copies of the express terms of the proposedregulations and the Initial Statement of Reasons areavailable from the office listed below. This notice andthe proposed regulations are also available online athttp://www.dss.cahwnet.gov/ord. Additionally, all theinformation which CDSS considered as the basis forthese proposed regulations (i.e., rulemaking file) isavailable for public reading/perusal at the addresslisted below.

Following the public hearing, copies of the FinalStatement of Reasons will be available from the officelisted below.

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CONTACTMaureen Miyamura, Acting ChiefOffice of Regulations DevelopmentCalifornia Department of Social Services744 P Street, MS 7-192Sacramento, California 95814TELEPHONE: (916) 657-2586FACSIMILE: (916) 654-3286E-MAIL: [email protected]

CHAPTERSManual of Policies and Procedures (MPP), Eligibil-

ity and Assistance Standards (EAS), Division 42(Nonlinking Factors Of Public Assistance Eligibility),Chapter 42-700 (Welfare-to-Work), Section 42-717(Job Retention Services).

INFORMATIVE DIGEST/POLICYSTATEMENT OVERVIEW

These proposed regulations amend specific provi-sions in Section 42-717, Job Retention Services.

Welfare and Institutions Code Section 11320.15provides that a participant that has received aid for atotal of 60 months shall be removed from theassistance unit for the purpose of calculation of aid.However, Welfare and Institutions Code Sections11323.2(b) and 11500 allow counties to provide jobretention services to former recipients for up to 12months after leaving aid.

The Department issued All County Letter No. 02-92in response to county requests for calculation of policyregarding the provision of job retention services forformer CalWORKs recipients. The letter providedthat counties may offer optional services for up to12 months for former recipients before and after theyreach their CalWORKs 60-month time limit, andcounties may determine the duration and types ofservices provided.

These proposed revisions to MPP Section 42-717clarify that services may be provided to formerCalWORKs recipients both before and after they haveexhausted their CalWORKs 60-month time limit, andthe county may determine the duration, type, andreimbursement rate for services such as transportation.

Revising MPP regulations Section 42-717 conformsthe regulations to current policy, allows the countiesbroader flexibility in providing job retention services,and clarifies the eligibility requirements for services.

COST ESTIMATE

1. Costs or Savings to State Agencies: None

2. Costs to Local Agencies or School Districts: None

3. Nondiscretionary Costs or Savings to Local Agen-cies: None

4. Federal Funding to State Agencies: None

LOCAL MANDATE STATEMENTThese regulations do not impose a mandate on local

agencies or school districts. There are no state-mandated local costs in these regulations whichrequire state reimbursement under Section 17500et seq. of the Government Code.

STATEMENT OF SIGNIFICANT ADVERSEECONOMIC IMPACT ON BUSINESS

The CDSS has made an initial determination thatthe proposed action will not have a significant,statewide adverse economic impact directly affectingbusinesses, including the ability of California busi-nesses to compete with businesses in other states.

STATEMENT OF POTENTIAL COST IMPACT ONPRIVATE PERSONS OR BUSINESSES

The CDSS is not aware of any cost impacts that arepresentative private person or business wouldnecessarily incur in reasonable compliance with theproposed action.

SMALL BUSINESS IMPACT STATEMENTThe CDSS has determined that there is no impact on

small businesses as a result of filing these regulationsbecause these regulations are only applicable to stateand county agencies.

ASSESSMENT OF JOB CREATIONOR ELIMINATION

The adoption of the proposed amendments willneither create nor eliminate jobs in the State ofCalifornia nor result in the elimination of existingbusinesses or create or expand businesses in the Stateof California.

STATEMENT OF EFFECT ON HOUSING COSTSThe proposed regulatory action will have no effect

on housing costs.

STATEMENT OF ALTERNATIVES CONSIDEREDThe CDSS must determine that no reasonable

alternative considered or that has otherwise beenidentified and brought to the attention of CDSS wouldbe more effective in carrying out the purpose forwhich the regulations are proposed or would be aseffective and less burdensome to affected privatepersons than the proposed action.

AUTHORITY AND REFERENCE CITATIONSThe CDSS adopts these regulations under the

authority granted in Health and Safety Code Sections1530 and 1562.3. Subject regulations implement andmake specific Welfare and Institutions Code Sections11320, 11322.6(a), 11323(b) 11323.2(a), and 11500.

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CDSS REPRESENTATIVE REGARDINGRULEMAKING PROCESS OF THE

PROPOSED REGULATIONContact Person: Steve Smalley

(916) 657-2586Backup: Maureen Miyamura

(916) 657-2586

GENERAL PUBLIC INTEREST

DEPARTMENT OF FAIREMPLOYMENT AND HOUSING

NOTICE IS HEREBY GIVEN that the prospectivecontractors listed below have been required to submita Nondiscrimination Program (NDP) or a CaliforniaEmployer Identification Report (CEIR) to the Depart-ment of Fair Employment and Housing, in accordancewith the provisions of Government Code Section12990. No such program or (CEIR) has beensubmitted and the prospective contractors are ineli-gible to enter into State contracts. The prospectivecontractor’s signature on Standard Form 17A, 17B,or 19, therefore, does not constitute a valid self-certification. Until further notice, each of theseprospective contracts in order to submit a responsivebid must present evidence that its NondiscriminationProgram has been certified by the Department.

ASIX Communications, Inc.DBA ASI Telesystems, Inc.21150 Califa StreetWoodland Hills, CA 91367

Bay Recycling800 77th AvenueOakland, CA 94621

C & C Disposal ServiceP. O. Box 234Rocklin, CA 95677

Choi Engineering Corp.286 Greenhouse

Marketplace, Suite 329San Leandro, CA 94579

Fries Landscaping25421 CloughEscalon, CA 95320

Marinda Moving, Inc.8010 Betty Lou DriveSacramento, CA 95828

MI-LOR CorporationP. O. Box 60Leominster, MA 01453

Peoples Ridesharing323 Fremont StreetSan Francisco, CA 94105

San Diego Physicians &Surgeons Hospital

446 26th StreetSan Diego, CA

Southern CA Chemicals8851 Dice RoadSanta Fe Springs, CA 90670

Tanemura and Antle Co.1400 Schilling PlaceSalinas, CA 93912

Turtle Building Maintenance Co.8132 Darien CircleSacramento, CA 95828

Univ Research Foundation8422 La Jolla Shore Dr.La Jolla, CA 92037

Vandergoot Equipment Co.P. O. Box 925Middletown, CA 95461

DEPARTMENT OF FISH AND GAME

PUBLIC INTEREST NOTICE

CESA CONSISTENCY DETERMINATION FORDARPA Grand Challenge Event

San Bernardino CountyThe Department of Fish and Game (‘‘Department’’)

received notice on February 13, 2004 that theDepartment of Defense Defense Advanced ResearchProjects Agency (DARPA) proposes to rely onconsultation with the U.S. Fish and Wildlife Service tocarry out a project that may adversely affect speciesprotected by the California Endangered Species Act(‘‘CESA’’). This project consists of 25 unmannedautonomous vehicles traversing the Mojave Desertalong a specified 250 mile route.

The U.S. Fish and Wildlife Service, on February 10,2004, issued to DARPA a no jeopardy federalbiological opinion (1-8-04-F-7) which considersthe Federally and State threatened desert tortoise(Gopherus agassizii) and authorizes incidental take.

Pursuant to California Fish and Game Code Section2080.1, DARPA is requesting a determination onwhether the Federal Biological Opinion 1-8-04-F-7 isconsistent with CESA.

If the Department determines that the federalbiological opinion is consistent with CESA, DARPAwill not be required to obtain an incidental take permitunder CESA for the proposed project.

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FISH AND GAME COMMISSION

NOTICE OF PROPOSED CHANGESIN REGULATIONS

(Continuation of Register 2004, No. 3-Z, andCommission Meeting of February 6, 2004)

NOTICE IS HEREBY GIVEN that the Fish andGame Commission (Commission), pursuant to theauthority vested by Section 3516 of the Fish and GameCode and to implement, interpret or make specificSections 86, 203, 3500, 3502, 3508, 3511, 3513, 3514,3515 and 3516, of said Code, proposes to amendSection 677, Title 14, California Code of Regulations,relating to dog training and organizational field trialpermits.

Proposed changes to sections as set forth in the firstnotice regarding Dog Training (Notice Register 2004,No. 3-Z, published January 16, 2004) remain the same,except for additional public recommendationsproposed for in Section 677 (see InformativeDigests below).

UPDATED INFORMATIVE DIGEST/POLICYSTATEMENT OVERVIEW

Sections 3509 and 3510 of the Fish and Game Code,which addressed dog training and field trials usingreleased domesticated game birds, were repealed in2002. Section 3508 was amended to provide that theFish and Game Commission authorize procedures fortraining dogs using game birds. These changes to theFish and Game Code were made because of com-plaints by dog training and field trial enthusiasts thatthe existing code sections were difficult to understand,overly complicated, and unnecessarily restrictive. Oneof the deleted code sections established prices for dogtraining and organizational field trial permits.

The changes being proposed to Section 677 ofTitle 14 are intended to provide reasonable and clearregulations addressing these activities. In addition, theproposed revised language deletes the requirement forthe permits, requires that the Department be notifiedbefore field trials and hunt tests occur, requires thatgame birds be marked before release (if the Depart-ment determines that this is necessary in specificlocations), and that the carcasses of pheasants andchukars used in dog training be marked with a sealobtained from the Department.

The amended language was added and/or deletedto clarify that it is a violation to be hunting undera pretense of dog training, to clarify that dogs maynot be allowed to pursue birds protected by state orfederal law, and to require the marking ofdomestically reared game before release only inthose locations where the Department determinesthat this is necessary to distinguish them fromwild birds.

The following is a summary of the changesproposed for Section 677, Title 14, CCR:

• Clarify that it is not a violation to train dogs toretrieve, or to point or flush game birds at any timeof year from sunrise to sunset, if no wild birds arecaptured, killed, or injured, and if no firearms orother means of take are possessed in the field.

• Clarify that dogs may not be allowed to pursue anybirds that have special protection under Californiaor federal law.

• Delete the requirement that permits be purchased torelease and take game birds for dog training andfield trials.

• Provide that bobwhite quail, coturnix quail, domes-tic pigeons, and domestically reared pheasants,chukars, Hungarian partridges, and captive-rearedmallard ducks may be released and taken whenengaged in dog training or organizational fieldtrials, under the following stipulations:1. Each person taking game birds possess a

hunting license and upland game bird stamp, ifappropriate.

2. Persons releasing and/or taking game birds inaccordance with this section during organizedfield trials or hunt tests shall notify the Depart-ment at least three business days before theseactivities occur.

3. Domestically reared game birds may be takenonly on the day they are released.

4. All domestically reared game birds shall bemarked prior to release, if the Departmentdetermines that this is necessary to distinguishthem from wild birds in a particular location, andcarcasses of chukars and pheasants shall bemarked with seals obtained from the Depart-ment.

5. The Department may inspect all birds prior torelease, and no birds may be released if theDepartment determines that such releases mayhave significant potential to transmit diseases towild bird populations.

NOTICE IS GIVEN that any person interestedmay present statements, orally or in writing, relevantto this action at a hearing to be held in the City CouncilChambers, 777 Cypress Avenue, Redding, Californiaon Friday, March 5, 2004, at 8:30 a.m., or as soonthereafter as the matter may be heard.

NOTICE IS ALSO GIVEN that any personinterested may present statements, orally or in writing,relevant to this action at a hearing to be held inResources Building Auditorium, 1416 Ninth Street,Sacramento, CA on Thursday, April 1, 2004, at10:00 a.m., or as soon thereafter as the matter may beheard. It is requested, but not required, that written

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comments be submitted on or before April 1, 2004 atthe address given below, or by fax at (916) 653-5040,or by e-mail to [email protected], but must be receivedno later than April 1, 2004, at the hearing in Redding,CA. All written comments must include the true nameand mailing address of the commentor.

The regulations as proposed in strikeout-underlineformat, as well as an initial statement of reasons,including environmental considerations and all infor-mation upon which the proposal is based (rulemakingfile), are on file and available for public reviewfrom the agency representative, Robert R. Treanor,Executive Director, Fish and Game Commission,1416 Ninth Street, Box 944209, Sacramento, Califor-nia 94244-2090, phone (916) 653-4899. Please directinquiries to Robert R. Treanor or Jon Snellstrom at thepreceding address or phone number. John Carlson, Jr.,Department of Fish and Game, phone (916) 445-3555has been designated to respond to questions on thesubstance of the proposed regulations. Copies of theInitial Statement of Reasons, including the regulatorylanguage, may be obtained from the addressabove. Notice of the proposed action shall be postedon the Fish and Game Commission website athttp://www.dfg.ca.gov.

AVAILABILITY OF MODIFIED TEXTIf the regulations adopted by the Commission differ

from but are sufficiently related to the action proposed,they will be available to the public for at least 15 daysprior to the date of adoption. Any person interestedmay obtain a copy of said regulations prior to the dateof adoption by contacting the agency representativenamed herein.

If the regulatory proposal is adopted, the finalstatement of reasons may be obtained from the addressabove when it has been received from the agencyprogram staff.

IMPACT OF REGULATORY ACTIONThe potential for significant statewide adverse

economic impacts that might result from the proposedregulatory action has been assessed, and the followinginitial determinations relative to the required statutorycategories have been made:

(a) Significant Statewide Adverse Economic ImpactDirectly Affecting Businesses, Including the Abil-ity of California Businesses to Compete withBusinesses in Other States:The proposed action will not have a significantstatewide adverse economic impact directly affect-ing business, including the ability of Californiabusinesses to compete with businesses in otherstates. These regulation changes are sufficientlyminor that any economic impact, positive ornegative, would not be significant.

(b) Impact on the Creation or Elimination of JobsWithin the State, the Creation of New Businessesor the Elimination of Existing Businesses, or theExpansion of Businesses in California: None

(c) Cost Impacts on a Representative Private Personor Business:

The agency is not aware of any cost impacts thata representative private person or business wouldnecessarily incur in reasonable compliance withthe proposed action.

(d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State:

Approximately 1,000 dog training permits and100 field trial permits are sold each year. Section3510, of the Fish and Game Code, established feesfor these permits, and was deleted in 2002. If therequirement for these permits was retained,income to the Department, through a fee structurebased on a rough estimate of staff time needed toprint and issue the permits, would be about$12,000 per year. However, since these costswould no longer occur under the proposal that thepermits be deleted, there should be no net loss tothe Department.

(e) Nondiscretionary Costs/Savings to Local Agen-cies: None

(f) Programs mandated on Local Agencies or SchoolDistricts: None

(g) Costs Imposed on Any Local Agency or SchoolDistrict that is Required to be Reimbursed UnderPart 7 (commencing with Section 17500) ofDivision 4: None

(h) Effect on Housing Costs: None

EFFECT ON SMALL BUSINESS

It has been determined that the adoption of theseregulations may affect small business.

CONSIDERATION OF ALTERNATIVES

The Commission must determine that no reasonablealternative considered by the Commission, or that hasotherwise been identified and brought to the attentionof the Commission, would be more effective incarrying out the purpose for which the action isproposed or would be as effective as and lessburdensome to affected private persons than theproposed action.

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DECISION NOT TO PROCEED

DEPARTMENT OF FOODAND AGRICULTURE

NOTICE OF DECISION NOT TO PROCEEDWITH RULEMAKING ACTION

Pursuant to Government Code section 11347, theDepartment of Food and Agriculture, Animal HealthBranch, has decided not to proceed with its rulemak-ing action described in the Notice published in theCalifornia Regulatory Notice Register, No. 42-Z, onOctober 17, 2003, OAL File No. Z-03-1002-01. Thisaction pertained to the reorganization of the require-ments for the cattle health advisory committee undersection 820.7 of Title 3 of the California Code ofRegulations.

SUMMARY OF REGULATORYACTIONS

REGULATIONS FILED WITHSECRETARY OF STATE

This Summary of Regulatory Actions lists regula-tions filed with the Secretary of State on the datesindicated. Copies of the regulations may be obtainedby contacting the agency or from the Secretary ofState, Archives, 1020 O Street, Sacramento, CA,95814, (916) 653-7715. Please have the agency nameand the date filed (see below) when making a request.

AIR RESOURCES BOARDZero Emission Vehicle Amendments 2003

This action updates the Zero Emission Vehicleregulations, deleting provisions related to promotingfuel economy, adding a new alternative complianceoption, and adjusting the classifications of lowemission vehicles and the credits they will earn duringspecified periods for the purpose of promoting thedevelopment of ZEV technology and for use indetermining compliance with the ZEV mandate.

Title 13California Code of RegulationsAMEND : 1900, 1960.1(k), 1961(a)(d), 1962Filed 02/25/04Effective 03/26/04Agency Contact:

W. Thomas Jennings (916) 322-2884

CALIFORNIA CLIMATE ACTION REGISTRYConflict of Interest Code

This is a Conflict of Interest Code filing that hasbeen approved by the Fair Political Practices Commis-sion and is being submitted for filing with theSecretary of State and printing only.

Title 2California Code of RegulationsAMEND : 59150Filed 02/23/04Effective 03/24/04Agency Contact: Jill Gravender (213) 891-1444

CALIFORNIA GAMBLING CONTROLCOMMISSIONManufacturers or Distributors of Gambling Equipment

This action is the Certificate of Compliance filingmaking permanent the prior emergency adoption andrepeated readoption of regulations establishing regis-tration and reporting requirements for manufacturersand distributors of gambling equipment in California.The prior related emergency files are OAL filenumbers 02-0926-03E, 02-1127-07E, 03-0117-7EE,03-0513-01EE, and 03-0827-01EE.

Title 4California Code of RegulationsADOPT : 12300, 12301, 12301.1, 12302, 12303,12304, 12305, 12306, 12307, 12308, 12309, 12310AMEND : 12300, 12301, 12302, 12303, 12304,12305, 12309 REPEAL : 12303, 12307Filed 02/20/04Effective 02/20/04Agency Contact: Herb Bolz (916) 263-0700

COMMISSION ON STATE MANDATESStatewide Cost Estimates and Ethics Orientation

This action concerns Statewide Cost Estimates andEthics Orientation. This action is exempt from OALreview pursuant to Government Code section17527(g) and is submitted for filing and printing only.

Title 2California Code of RegulationsAMEND : 1181.1Filed 02/23/04Effective 02/23/04Agency Contact: Nancy Patton (916) 323-8217

DEPARTMENT OF HEALTH SERVICESUpper Billing Limit

This emergency regulatory action makes changes tothe Medi-Cal billing system including requiring thatbillings by providers for medical supplies, inconti-nence medical supplies, and durable medical equip-ment not exceed the lesser of the usual charges to thegeneral public or the net purchase price plus no morethan a 100% markup. This emergency regulatoryaction is deemed an emergency by the Legislature and

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exempt from review by the Office of AdministrativeLaw pursuant to section 14043.75(a) of the Welfareand Institutions Code.

Title 22California Code of RegulationsADOPT : 51008.1 AMEND : 51104, 51520, 51521Filed 02/24/04Effective 02/25/04Agency Contact: Marylyn Willis (916) 657-3174

DEPARTMENT OF MANAGED HEALTH CAREConflict of Interest Amendments 2003 (B)

The Department of Managed Health Care isamending its conflict of interest code found at title 28,California Code of Regulations, section 1000. Thisamendment was approved for filing by the FairPolitical Practices Commission on November 13,2003.

Title 28California Code of RegulationsAMEND : 1000Filed 02/24/04Effective 03/25/04Agency Contact:

Elaine Paniewski (916) 324-9024

DEPARTMENT OF SOCIAL SERVICESAnticipating Income and Changes in theFood Stamp Program

This emergency regulatory action conforms stateregulations concerning anticipating income andchanges in the food stamp program to recent federalchanges. (Previous OAL file # 03-1021-01E)

Title MPPCalifornia Code of RegulationsAMEND : 63-503, 63-504, 63-505Filed 02/25/04Effective 02/25/04Agency Contact:

Maureen Miyamura (916) 653-1925

FISH AND GAME COMMISSIONBag and Pssession Limit

This regulatory action makes extensive changes tothe sport fishing rules, including the adoption of a‘‘boat limit’’ for waters off California or in theSan Francisco Bay district.

Title 14California Code of RegulationsAMEND : 1.17, 1.59, 2.10, 5.00, 5.50, 5.75, 7.00,7.50, 8.00, 27.60, 29.15, 43, 195Filed 02/24/04Effective 04/01/04Agency Contact: Robert Treanor (916) 653-4899

STATE AND CONSUMER SERVICES AGENCYConflict of Interest Code

The State and Consumer Services Agency isamending its conflict of interest code found at thecaptioned citation, 2 CCR Div. 8, Ch. 4, Sec. 25001.The amendment was approved for filing by the FairPolitical Practices Commission on December 18,2003.

Title 2California Code of RegulationsAMEND : Div. 8, Ch. 4, Sec. 25001Filed 02/20/04Effective 03/21/04Agency Contact: Vicki Ong (916) 653-4090

WORKFORCE INVESTMENT BOARDConflict of Interest Code

This is a Conflict of Interest Code adoption that hasbeen approved by the Fair Political Practices Commis-sion and is being submitted for filing with theSecretary of State and printing only.

Title 2California Code of RegulationsADOPT : 58600Filed 02/20/04Effective 03/21/04Agency Contact: Kevin Woolfork (916) 324-3363

CCR CHANGES FILED WITH THESECRETARY OF STATE

WITHIN OCTOBER 22, 2003TO FEBRUARY 25, 2004

All regulatory actions filed by OAL during thisperiod are listed below by California Code ofRegulation’s titles, then by date filed with theSecretary of State, with the Manual of Policies andProcedures changes adopted by the Department ofSocial Services listed last. For further information ona particular file, contact the person listed in theSummary of Regulatory Actions section of the NoticeRegister published on the first Friday more than ninedays after the date filed.Title 2

02/23/04 AMEND: 1181.102/23/04 AMEND: 5915002/20/04 ADOPT: 5860002/20/04 AMEND: Div. 8, Ch. 4, Sec. 2500102/09/04 ADOPT: 599.893, 599.898, 599.906,

599.907, 599.909 AMEND: 599.894,599.895, 599.896, 599.898 (renumberedto 599.897), 599.903, 599.904, 599.905,599.906 (renumbered to 599.908),599.910

02/05/04 AMEND: 2010701/23/04 ADOPT: 18531.6 AMEND: 18531.61

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01/22/04 AMEND: 18707.501/15/04 ADOPT: 599.51601/15/04 AMEND: 2270, 227101/14/04 AMEND: 18427.112/29/03 REPEAL: Division 8, Chapter 20, Sec-

tions 41001, 41002, 41003, 41004,41005, 41006, 41007, 41008, 41009,41010, 41011, 41012, 41013

12/22/03 AMEND: 1859.61, 1859.105, 1859.106,1859.141, 1859.142, 1859.145, 1859.147,1859.148, 1859.150.1, 1859.151,1859.152, 1859.153

12/19/03 ADOPT: 1859.70.1, 1859.71.3,1859.78.5, 1859.78.6, 1859.78.7,1859.93.1, 1859.120, 1859.121,1859.122, 1859.122.1, 1859.122.2,1859.123, 1859.124, 1859.124.1,1859.125, 1859.125.1, 1859.126,1859.127, 1859.128, 1859.129, 1859.130,1859.140, 1859.141, 185

12/01/03 ADOPT: 22100, 22110, 22120, 2213012/01/03 ADOPT: Division 8, Chapter 106, Sec-

tion 5950011/20/0311/10/03 ADOPT: 18728.5 AMEND: 18703.311/03/03 ADOPT: 1859.77.3 AMEND: 1859.2,

1859.77.210/23/03

Title 302/17/04 AMEND: 3430(b)02/05/04 AMEND: 3417(b)01/27/04 ADOPT: 2850, 2851, 2852, 2853, 2854,

2855, 2856, 285701/14/04 ADOPT: 6450, 6450.1, 6450.2, 6450.3,

6784 AMEND: 6000 REPEAL: 6450,6450.1, 6450.2, 6450.3, 6784

01/05/04 AMEND: 3700(c)12/26/03 AMEND: 3417(b)11/06/03 AMEND: 2303, 2309, 231111/06/03 AMEND: 3700 (d)11/03/03 ADOPT: 6148, 6148.5, 6216, 6217

AMEND: 305, 6168, 6170, 6386, 6500,6502, 6505, 6508, 6512

10/27/03 AMEND: 3417(b)10/27/03 AMEND: 3423 (b)

Title 402/20/04 ADOPT: 12300, 12301, 12301.1, 12302,

12303, 12304, 12305, 12306, 12307,12308, 12309, 12310 AMEND: 12300,12301, 12302, 12303, 12304, 12305,12309 REPEAL: 12303, 12307

02/05/04 ADOPT: 12370, 1237102/05/04 AMEND: 12202, 12212, 12213, 12220,

12221, 1222, 12223, 12224, 1225, 12226,12227, 12228, 12229, 12230, 12231,12232

01/22/04 AMEND: 1371 REPEAL: 1373.112/15/03 ADOPT: 12250 AMEND: 12101, 1212211/06/03 ADOPT: 12200, 12201, 12202, 12203,

12204, 12205, 12206, 12207, 12208,12209, 12210, 12211, 12212, 12213,12214, 12220, 12221, 12222, 12223,12224, 12225, 12226, 12227, 12228,12229, 12230, 12231, 12232

10/30/03 ADOPT: 12270, 12271, 12272

Title 502/10/04 AMEND: 1196002/03/04 ADOPT: 853.5 AMEND: 850, 852, 853,

58912/29/03 ADOPT: 18074, 18074.1, 18074.2,

18074.3, 18075, 18075.1, 18075.2,18076, 18076.1, 18076.2 AMEND:18413, 18428 REPEAL: 18021

12/01/03 AMEND: 30950, 30953, 30954, 30958,30959

11/21/03 AMEND: 5050011/20/03 ADOPT: 600, 601, 602, 603, 604, 605,

606, 607, 608, 609, 610, 61111/06/03 ADOPT: 1068, 1069, 1070,, 1071,1072,

1073, 107411/06/03 AMEND: 5102511/05/03 AMEND: 53001, 5302111/04/03 ADOPT: 15060, 15070, 1507110/29/03 ADOPT: 1307510/28/03 ADOPT: 11963, 11963.1, 11963.2,

11963.3, 11963.4, 11963.5, 11963.6

Title 802/03/04 AMEND: 171202/02/04 ADOPT: 32017, 32018, 51096, 71010,

71026, 71027, 71030, 71035, 71040,71050, 71055, 71060, 71070, 71080,71090, 71095, 71100, 71110, 71115,71120, 71130, 71140, 71200, 71210,71225, 71230, 71235, 71300, 71310,71320, 71330, 71340, 71680, 71685,71700, 71

01/02/04 ADOPT: 9789.10, 9789.11, 9789.20,9789.21, 9789.22, 9789.23, 9789.24,9789.30, 9789.31, 9789.32, 9789.33,9789.34, 9789.35, 9789.36, 9789.37,9789.38, 9789.40, 9789.50, 9789.60,9789.70, 9789.80, 9789.90, 9789.100,9789.110

12/31/03 ADOPT: 1025012/22/03 AMEND: 341.1712/18/03 ADOPT: 15611 AMEND: 15600, 15601,

15601.7, 15602, 15603, 15604, 15605,15606, 15607, 15608 REPEAL: 15610

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11/20/0311/13/03 AMEND: 32120, 32125, 32135, 32603,

32605, 32620, 32635, 32798, 32980,61000, 61090, 31240, 61380, 61420,61480

11/12/03 ADOPT: 15220, 15220.1, 15220.2,15220.3, 15200.4, 15220.5, 15220.6,15220.7, 15220.8 AMEND: 15201,15210, 15210.1, 15210.2, 15216, 15430

10/30/03 AMEND: 496810/30/03 ADOPT: 3663(g), 3663(h)10/27/03 ADOPT: 5148

Title 911/18/03 ADOPT: 1840.112 AMEND: 1830.215

Title 1001/16/04 AMEND: 260.102.1401/02/04 AMEND: 2698.30, 2698.31, 2698.32,

2698.33, 2698.34, 2698.35, 2698.36,2698.37, 2698.38, 2698.39, 2698.40,2698.41, 2698.42 REPEAL: 2698.40,2698.41, 2698.42, 2698.43, 2698.44,2698.45

12/31/03 AMEND: 2318.6, 2353.1, 235412/31/03 AMEND: 2318.6, 2353.112/30/03 ADOPT: 2699.6612, 2699.6827

AMEND: 2699.6500, 2699.6600,2699.6607, 2699.6611, 2699.6705,2699.6715, 2699.6717, 2699.6725,2699.6813, 2699.6815, 2699.6819

12/26/03 AMEND: 4070, 4071, 4072, 4073, 4074REPEAL: 4070, 4071, 4072, 4073, 4074

12/26/03 REPEAL: 6200, 6201, 6202, 6203, 6204,6205, 6206, 6207

12/26/03 REPEAL: 4081, 4081.1, 4081.2, 4081.3,4081.4, 4081.5, 4081.6, 4081.7, 4081.8

12/26/03 REPEAL: 4081, 4081.1, 4081.2, 4081.3,4081.4, 4081.5, 4081.6, 4081.7, 4081.8

12/26/03 REPEAL: 4025, 4026, 4027, 4028, 4029,4030, 4031, 4032

12/26/03 REPEAL: 4300, 4301, 4302, 4303, 430512/26/03 REPEAL: 462012/26/03 REPEAL: 4035, 4036, 4037, 403812/26/03 REPEAL: 4550, 4551, 4552, 455312/26/03 REPEAL: 4610, 4611, 4612, 4613, 4614,

4615, 4616, 4617, 4618, 461912/26/03 REPEAL: 5300, 5310, 5311, 5312, 5313,

5314, 5315, 5316, 5317, 5318, 5319,5320, 5321, 5322, 5323, 5324, 5326,5327, 5328, 5329, 5330, 5340, 5341,5342, 5343

12/23/03 ADOPT: 2192.1, 2192.2, 2192.3, 2192.4,2192.5, 2192.6, 2192.7, 2192.8, 2192.9,2192.10, 2192.11, 2192.12

12/22/03 AMEND: 2190.05, 2190.712/15/03 ADOPT: 2591, 2591.1, 2591.2, 2591.3,

2591.4

11/18/03 ADOPT: 236111/07/03 ADOPT: 2194, 2194.1, 2194.2, 2194.3.

2194.4, 2194.5, 2194.6, 2194.7, 2194.810/31/03 AMEND: 260.102.14

Title 1101/06/04 ADOPT: 2000, 2001, 2020,2050, 2051,

2052, 2053, 2070, 2071, 2072, 2140,2141, 2142

12/30/03 AMEND: 100512/05/03 AMEND: 1002(a)(8)12/01/03 AMEND: 51.1811/13/03 AMEND: 100511/12/03 ADOPT: 994, 994.1, 994.2, 994.3, 994.4,

994.5, 994.6, 994.7, 994.8, 994.9, 994.10,994.11, 994.12, 994.13, 994.14, 994.15,994.16

11/10/03 AMEND: 2010, 2030, 2060 REPEAL:2031, 2032, 2034, 2035, 2036

Title 1302/25/04 AMEND: 1900, 1960.1(k), 1961(a)(d),

196201/26/04 AMEND: 553.7001/05/04 ADOPT: 25.06, 25.07, 25.08, 25.09,

25.10, 25.11, 25.12, 25.13, 25.14, 25.16,25.17, 25.18, 25.19, 25.20, 25.21, 25.22

12/31/03 AMEND: 550, 551.1, 551.2, 551.11,551.12, 551.13, 551.14, 551.15, 551.16,551.17, 552, 553.40, 555, 555.1, 556,557, 558, 560, 561, 562, 565, 566, 570,571, 572, 573, 574, 575, 577, 584, 585,586, 587, 588, 589, 590, 592, 593, 593.1,595, 598

12/23/03 ADOPT: 220.20 AMEND: 220.00,220.02, 220.04, 220.06, 220.08, 220.12,220.14, 220.16, 220.18, 221.00, 221.02,221.04, 221.06, 221.08, 221.10, 221.12,

12/23/03 ADOPT: 225.4811/04/03 AMEND: 1956.1, 1956.8, 1961, 1965,

1978, 2065,10/30/03 AMEND: 121410/29/03 AMEND: 125.00, 125.02, 125.06,

125.10, 125.12, 125.14, 125.16, 125.18,125.20, 125.22

Title 1402/24/04 AMEND: 1.17, 1.59, 2.10, 5.00, 5.50,

5.75, 7.00, 7.50, 8.00, 27.60, 29.15, 43,195

02/09/04 AMEND: 63002/02/04 AMEND: 11201/23/04 AMEND: 27.60, 27.82, 27.83, 28.26,

28.27, 28.28, 28.29, 28.54, 28.55, 28.5801/15/04 AMEND: 150.06(c)01/12/04 ADOPT: 17946, 17949

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12/31/03 ADOPT: 4970.09 AMEND: 4970.00,4970.01, 4970.02, 4970.03, 4970.04,4970.05, 4970.06, 4970.07, 4970.08,4970.10, 4970.11, 4970.12, 4970.13,4970.14, 4970.15, 4970.16, 4970.17,4970.18, 4970.19, 4970.20, 4970.21,4970.21, 4970.21, 4970.22, 4970.23,4970.2

12/30/03 ADOPT: 1.1812/26/03 AMEND: 7.50(b)(147)12/01/03 AMEND: 895.1, 898(a), 914.8, [934.8,

954.8](g), 916 [936, 956](e), 916.2[936.2, 956.2], 916.9 [936.9, 956.9],916.11, [936.11, 956.11](b), 916.12,[936.12, 956.12](f), 923.3, [943.3, 963.3](h), 923.9, [943.9, 963.9](g)

12/01/03 AMEND: 895, and 913.4, 933.44, 953.4(Special Prescriptions)

11/18/03 REPEAL: 895, 895.1, 913.13, 936.13,956.13, 916.13, 936.13.1, 956.13.1,916.13.2, 936.13.2, 956.13.2, 916.13.3,936.13.3, 956.13.3, 916.13.4, 936.13.4,956.13.4, 916.13.5, 936.13.5, 936.13.5,956.13.5, 916.13.6, 936.13.6, 956.13.6,916.13.7, 936.13.7, 956

11/13/03 AMEND: 163, 16411/07/03 AMEND: 52.10, 150.06, 150.1611/03/03 AMEND: 18464, 18465

Title 14, 2712/26/03 ADOPT: 17387, 17387.1, 17387.5,

17388, 17388.1, 17388.2, 17388.3,17388.4, 17388.5, 17389, 17390, 18223.6AMEND: 24565, 21570

Title 1501/27/04 AMEND: 342601/09/04 ADOPT: 3000 AMEND: 3005, 3044,

3062, 3313, 3314, 3315, 3323, 337612/30/03 AMEND: 3044, 3092, 3138, 319012/02/03 AMEND: 3082(a)12/01/03 AMEND: 3044(d) & (e)11/07/03 AMEND: 2576, 2578, 258010/27/03 AMEND: 2051, 2052, 205410/23/03 AMEND: 3043.5, 3043.6, 3044

Title 1601/23/04 ADOPT: 6.1, 7.1, 7.2, 8.1, 8.2, 51.1, 56.4,

59, 60, 61, 68.2, 68.3, 68.4, 68.5AMEND: 5.1, 7, 8, 52, 70, 71, 88, 88.2,98 REPEAL: 52.1

12/29/03 AMEND: 383012/18/03 AMEND: 192011/25/03 AMEND: 1610, 1615, 1690 REPEAL:

162211/13/03 ADOPT: 1314.1 AMEND: 1300.411/12/03 AMEND: 1399.662, 1399.666, 1399.667,

1399.668

11/03/03 ADOPT: 2317, 2317.1, 2317.2, 2326.5,2328.1

10/22/03 ADOPT: 356.1Title 17

02/05/04 ADOPT: 90800.75, 90800.9, 90804AMEND: 90800.8, 90801, 90802, 90803

02/03/04 AMEND: 50604, 50608, 54326, 54370,56003, 56082, 57540, 58510, 58671

01/23/04 AMEND: 54001, 5401012/05/03 ADOPT: 94166, 94167 AMEND: 94010,

94011, 94163, 94164, 9416512/04/03 AMEND: 70600, 7060112/02/03 AMEND: Division 2, Chapter 1′, Article

5, Subchapter 3, Section 50300Title 18

01/26/04 AMEND: 159101/21/04 ADOPT: 162112/22/03 ADOPT: 1598.112/04/03 REPEAL: 24348 (a)10/29/03 AMEND: 1802

Title 2001/14/04 ADOPT: 14.712/31/03 ADOPT: 1395, 1395.1, 1395.2, 1395.3,

1395.4, 1395.6Title 22

02/24/04 ADOPT: 51008.1 AMEND: 51104,51520, 51521

02/03/04 ADOPT: 51200.01 AMEND: 51000.4,51000.30, 51000.45, 51000.50, 51000.55,51200, 51454

01/14/04 ADOPT: 51315 REPEAL: 5151512/24/03 ADOPT: 1326-3 AMEND: 1251-1,

1253(a)-1, 1326-2, 1326-4, 1326-5,1326-6

12/09/03 AMEND: 66262.3211/03/03 ADOPT: 115500, 115510, 115520 RE-

PEAL: MPP Section 12-223.2 through .2210/27/03 AMEND: 4304.3 (renumber to 4304-3)10/22/03 AMEND: 66264.143, 66264.145,

66265.143, 66265.145

Title 22, MPP12/30/03 AMEND: 101170, 10237012/29/03 ADOPT: 87701.2 AMEND: 87101,

87218, 87561, 87575.1, 87577, 87578,87691, 87701, 87701.1, 87701.2, 87702,87702.1, 87703, 87704, 87705, 87707,87708, 87709, 87710, 8711, 87713

12/17/03 ADOPT: 85001(a)(2)-(4), 85001(d)(1),85001(f)(1), 85001 (h)(1) -(4),85001(t)(1), 85075.1, 85075.2, 85075.3AMEND: 85075.4

12/10/03 ADOPT: 89002 AMEND: 80017, 87118,87817, 88030, 89317, 110168, 102368

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11/18/03 ADOPT: 84065.2(a)(1)(A)(1)(A)(2),64065.5(b)(1) (b)(2), 64065.7(d),8400(b)(b)(1)(2)(3)(4)(),84222(a)(5)(B)(a)(12)(a)(13),84265(c)(1)(C) (D)(c)(4)(C)(D)(e)(e)(1),84268.3(a)(1), 84272.1(e), 84274(c)(3),84275(c), 84277(a)(1), 84278(g),84278.1(g) AMEND:

11/12/03 ADOPT: 102416.1 AMEND: 80001,80019, 80019.1, 80019.2 80054, 80061,80065, 80066, 87101, 87219, 87219.1,87454, 87565, 87566, 87801, 87819,81819.1, 87854, 87861, 87865, 87866,101152, 101170, 101170.1, 101170.2,101195, 101212, 101216, 101217,102352,

10/27/03 ADOPT: 86000, 86001, 86005, 86009,86010, 86018, 86020, 86022, 86023,86024, 86028, 86030.5, 86031.5, 86036,86044, 86044.5, 86045, 86061, 86064,86065, 86065.2, 86065.3, 86065.4,86065.5, 86066, 86068.1, 86068.2,86068.3, 86068.4, 86070, 86072, 86073,8

Title 2301/30/04 ADOPT: 3939.401/30/04 ADOPT: 3939.501/26/04 ADOPT: 371701/05/04 AMEND: 397712/23/03 ADOPT: 1061, 1062, 1063, 1064, 1065,

1066, 1067, 1068, 1069, 1070, 1071,1072, 1073, 1074, 1075, 1076, 1077,

1078, 3833.1 AMEND: 655, 656, 676,736, 791, 793, 812, 842, 871, 1010, 3833,3867 REPEAL: 677

12/22/03 AMEND: 392612/18/03 ADOPT: 392711/19/03 ADOPT: 392410/27/03 AMEND: CCR Title 23, Division 3,

Chapter 9, section 2200 & 2200.5Title 28

02/24/04 AMEND: 100010/29/03 ADOPT: 100910/27/03 AMEND: 1005

Title MPP02/25/04 AMEND: 63-503, 63-504, 63-50502/02/04 ADOPT: 47-120, 47-430 AMEND: 40-

107, 40-131, 40-181, 42-711, 47-30101/16/04 AMEND: 63-300, 63407, 63-408, 63-

410, 63-411, 63-503, 63-50512/31/03 AMEND: 42-207, 42-215, 63-501, 63-

110112/29/03 AMEND: 42-712, 42-719, 44-11112/15/03 AMEND: 11-405.2, 11-406(f)11/26/03 AMEND: 40-181.1(e), 40-181.22, 42-

710.6, 42-711.51, 42-721.1, 42-721.41,44-314.1, 80-310(r), 82-812.6

10/31/03 ADOPT: 30-501, 30-502, 30-503, 30-504, 30-505, 30-506, 30-507, 30-900,30-901, 30-902, 30-903, 30-904, 30-905,30-906, 30-907, 30-908, 30-909, 30-910,30-911, 30-912, 30-913, 30-914, 30-915,30-916, 30-917, 30-918, 30-919, 30-920,31-236 AMEND: 11-400t,

10/30/03 AMEND: 44-315, 89-20110/28/03 AMEND: 63-503, 63-504, 63-505

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Printed on recycled paperOSP 04 78616-756

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