Cal. Code Regs. Tit. 18, § 30502 - Process for Designating an Opinion as Precedential

(a) Requesting precedential status. Any person may propose that an Opinion be given precedential effect, in whole or in part. Such a proposal may be communicated to an email address listed on OTA's website.

(b) Nonprecedential Opinions. A published Opinion of OTA is not precedential in any other appeal before OTA unless OTA designates the published Opinion as precedential in accordance with Government Code section 11425.60.

(c) Determination of precedential status. OTA will decide whether an Opinion will be precedential. OTA may consider the following factors in determining whether to designate an Opinion as precedential:

(1) Whether the Opinion would establish a new interpretation of law, apply an existing rule to a set of facts significantly different from those stated in published Opinions, or modify or repeal an existing interpretation of law;

(2) Whether the Opinion would resolve an apparent conflict in the law;

(3) Whether the Opinion would involve a legal issue of continuing public interest;

(4) Whether the Opinion would make a significant contribution to the law by reviewing either the development of a common law rule or the legislative or judicial history of a provision of a constitution, statute, or other written law; and

(5) Any other basis OTA determines justifies publishing an Opinion as precedential.

(d) Review of precedential status. The Chief Counsel of OTA or his or her designee shall determine if an Opinion should be precedential in consultation with OTA legal staff. The Director of OTA or their designee may reject a determination to make an Opinion precedential. The Director shall not be involved in deciding any appeal.

(e) Posting of precedential Opinions. Precedential Opinions shall be posted on OTA's website, and when first posted will be marked as "Pending Precedential." The Pending Precedential designation serves as notice to the public that OTA is considering making the Opinion precedential and provides an opportunity for the public to submit comments before OTA makes a final determination on precedential status.

(1) Public comment period. All comments should be submitted to OTA for consideration within 30 days of an Opinion being posted as "Pending Precedential." A party may also submit to OTA notification of an intent to submit a comment within this 30-day timeframe, and thereafter must submit a comment within 30 days. No sooner than 35 days and no later than 60 days after being posted as "Pending Precedential," OTA will update the "Pending Precedential" designation of the Opinion to "Precedential" or "Nonprecedential."

(2) Review of public comments. OTA will consider all timely comments received for or against making the Opinion precedential prior to updating the status. OTA may hold the status of an Opinion in "Pending Precedential" for up to 60 days from the date of initial posting to consider comments received from the public, or in the case of receiving a timely notice of intent to submit a comment.

(f) Other Opinions: Superseded Opinions will be noted as "Superseded" on the website. Small Case Program Opinions will be noted as "Small Case Program" on the website.

Notes

Cal. Code Regs. Tit. 18, § 30502

1. New section filed 1-5-2018 as an emergency; operative 1-5-2018 (Register 2018, No. 1). Pursuant to Government Code section 15679, this action is a deemed emergency and exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 7-5-2018 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-8-2018 as an emergency; operative 7-6-2018 (Register 2018, No. 19). Pursuant to Government Code section 15679, this action is a deemed emergency and exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 10-4-2018 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-10-2018 as an emergency; operative 10-4-2018 (Register 2018, No. 37). Pursuant to Government Code section 15679, this action is a deemed emergency and exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 1-2-2019 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 2019, No. 1).
5. New section filed 1-3-2019; operative 1-3-2019. Pursuant to Government Code section 15679(b), this action is exempt from OAL review. Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2019, No. 1).
6. Amendment of section and NOTE filed 3-1-2021; operative 3-1-2021. This action is exempt from OAL review pursuant to Government Code section 15679(b). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2021, No. 10).
7. Amendment of section heading, section and NOTE filed 6-26-2023; operative 6-30-2023. This action is exempt from the Administrative Procedure Act pursuant to Government Code section 15679(b). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2023, No. 26).

Note: Authority cited: Sections 15679 and 15679.5, Government Code. Reference: Sections 22973.1, 22977.2 and 22979, Business and Professions Code; Sections 11425.10, 11425.50, 11425.60, 15672, 15674, 15675, 15676.2, 15679 and 15679.5, Government Code; and Sections 20, 40, 8853, 18533, 19043.5, 19045, 19047, 19048, 19084, 19085, 19087, 19104, 19324, 19331, 19333, 19334, 19335, 19343, 19345, 19346, 30263, 38445, 40095, 41089, 43305, 45305, 46355, 50118, 55085 and 60354, Revenue and Taxation Code.

1. New section filed 1-5-2018 as an emergency; operative 1-5-2018 (Register 2018, No. 1). Pursuant to Government Code section 15679, this action is a deemed emergency and exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 7-5-2018 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-8-2018 as an emergency; operative 7-6-2018 (Register 2018, No. 19). Pursuant to Government Code section 15679, this action is a deemed emergency and exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 10-4-2018 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-10-2018 as an emergency; operative 10-4-2018 (Register 2018, No. 37). Pursuant to Government Code section 15679, this action is a deemed emergency and exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 1-2-2019 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 2019, No. 1).
5. New section filed 1-3-2019; operative 1/3/2019. Pursuant to Government Code section 15679(b), this action is exempt from OAL review. Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2019, No. 1).
6. Amendment of section and Note filed 3-1-2021; operative 3/1/2021. This action is exempt from OAL review pursuant to Government Code section 15679(b). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2021, No. 10).
7. Amendment of section heading, section and Note filed 6-26-2023; operative 6/30/2023. This action is exempt from the Administrative Procedure Act pursuant to Government Code section 15679(b). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2023, No. 26).