(1) Within 60 calendar days of receipt of a written petition, OAL will determine if the petition is complete. If the petition is incomplete, OAL will notify the petitioner in writing what is missing from the petition, and that OAL will decline to consider the petition if the required items are not received within 60 calendar days of the date of the notice. OAL will begin the review period required in subsection (b) when the petition is complete.

(2) If the petition is complete, OAL will either accept or decline to consider the petition pursuant to subsection (b).

(1) The degree to which the petition raises an issue of considerable public importance.

(2) Whether the issue raised by the petition was or is currently being considered by a court or other body that can address the petitioner's concerns.

(3) Whether the challenged rule is superseded.

(4) Whether the challenged rule expired by its own terms.

(5) Additional relevant information, if any, obtained pursuant to subsection (b) that is pertinent to a potential resolution of the issues raised by the petition.

(6) Availability of OAL personnel to complete the review of the petition pursuant to the time limits established by this chapter.

(2) Circumstances in which facts demonstrate that the challenged rule is not an underground regulation include, but are not limited to, the following:

(3) A summary disposition shall state the basis for concluding that the challenged rule is not an underground regulation and shall specify that the issuance of the summary disposition does not restrict the petitioner's right to litigate the alleged violation of section 11340.5 of the Government Code.

(4) A summary disposition shall be filed with the Secretary of State and sent to the petitioner and challenged agency not later than 60 calendar days following receipt of the complete petition. OAL will also publish the summary disposition, including the contact information of the petitioner and challenged agency, in the California Regulatory Notice Register.

(1) Concurrently provides a copy of the comment to the challenged agency and the petitioner.

(2) Confirms in writing to OAL that a copy of the comment was provided to the challenged agency and petitioner. When a comment is submitted to OAL, the challenged agency, and the petitioner in the same e-mail, and the e-mail addresses of the recipient at the challenged agency and petitioner are visible to OAL, the e-mail satisfies the written confirmation requirement.

(1) No response may be considered by OAL unless the challenged agency provided a copy of the response to the petitioner concurrently with submission of the response to OAL. The challenged agency shall include written confirmation that the challenged agency provided a copy of the response to the petitioner. The challenged agency's written confirmation must include the address or e-mail address where sent, as applicable. When a response is submitted to OAL and the petitioner concurrently in the same e-mail, and the e-mail address of the petitioner is visible to OAL, the e-mail satisfies the written confirmation requirement.

(2) Any response by the challenged agency shall be submitted to OAL within 45 calendar days of the publication of the petition in the California Regulatory Notice Register. OAL shall extend the time for a challenged agency to file a response to a petition if the challenged agency is a “state body” as defined in Section 11121 of the Government Code and the challenged agency's response requires action taken at a meeting subject to the Bagley-Keene Open Meeting Act (commencing with Section 11120 of the Government Code), except that no extension pursuant to this subsection may be granted if it would prevent OAL's compliance with subsection (j).