[Archives] CalRecycle Informal Hearing Rules Regulations

CalRecycle maintains archived information on its website as a record of its activities for use by the public and CalRecycle staff.

Overview

On May 12, 2026, the Office of Administrative Law (OAL) approved the permanent regulations. The effective date of these regulations is July 1, 2026.

The Department of Resources Recycling and Recovery (CalRecycle)  proposed permanent regulations to implement a unified set of hearing procedures applicable to CalRecycle’s informal hearings. These standardized procedures aim to ensure consistency across all CalRecycle informal hearings.

These proposed regulations conform to the Administrative Procedure Act and aim to promote consistency, transparency, and accessibility in the informal hearing process.

Affected Regulatory Code Sections

CalRecycle  proposed permanent regulations to adopt Title 14, California Code of Regulations, Division 7, Chapter 1, Article 6, Sections 17063.1, 17063.2, 17063.3, 17063.4, 17063.5, 17063.6, 17063.7, 17063.8, 17063.9, 17063.10, 17063.11, 17063.12, 17063.13, 17063.14, 17063.15, 17063.16, 17063.17, 17063.18, 17063.19, 17063.20, 17063.21, 17063.22, 17063.23, 17063.24, 17063.25, 17063.26, 17063.27, 17063.28, 17063.29, 17063.30, 17063.31 and 17063.32.

CalRecycle  also proposed permanent regulations to amend Title 14, California Code of Regulations, Division 2, Chapter 5, Subchapter 2, Article 4 and Article 5, sections 2100, 2130, 2385 and 2386, Division 7, Chapter 4, Article 4, section 17974, Chapter 6, Article 8.5, sections 18458, 18464 and 18466, Chapter 8, Article 5, section 18643.0,  Chapter 11, Article 3, section 18971,  Article 4, sections 18975.1 and 18975.2, Chapter 12, Article 16 sections 18997.5 and 18997.6.

Current Status

The CalRecycle Informal Hearing Rules permanent regulations were submitted to OAL for final review on March 30, 2026.

The permanent regulations were approved by OAL on May 12, 2026. The effective date of these regulations is July 1, 2026.

  • Office of Administrative Law Approval Document. The Office of Administrative Law’s official approval of the permanent regulations. This document is available for public inspection during normal business hours at CalRecycle, 1001 “I” Street, 24th Floor, Sacramento, CA 95814. To schedule a time to inspect these documents, please contact Donnet McFarlane at Regulations@calrecycle.ca.gov.
  • Office of Administrative Law Approved Regulation Text. An accessible version of the final regulation text as approved by the Office of Administrative Law.

Current Documents

00. Table of Contents. A table of contents that identifies each item contained in the official rulemaking file.

    1. Notice of Proposed Action. The notice of proposed adoption, amendment, or repeal of regulations.
    2. Originally Proposed Text. The express language that shows any proposed adoption, amendment, or deletion to the regulations.
    3. Mailing Statement for 45-Day Notice. The mailing statement that confirms the notice was delivered by means of electronic communication over 45 days prior to the close of the public comment period and public hearing.
    4. Initial Statement of Reasons. An explanation of all proposed changes to the regulations.
    5. Public Hearing Official Transcript. The official transcript from the public hearing that was held on December 17, 2025.
    6. Economic and Fiscal Impact Statement Form 399 and Supplemental Information The Economic and Fiscal Impact Form 399 and Economic Impact Statement Supplemental Information document required by Department of Finance.
    7. Other Material in Rulemaking File.
      1. 45-Day Original Public Comment Letters. The original public comment letters received during the 45-day comment period and public hearing. This document is available for public inspection during normal business hours at CalRecycle, 1001 “I” Street, 24th Floor, Sacramento, CA 95814. To schedule a time to inspect these documents, please contact Donnet McFarlane at Regulations@calrecycle.ca.gov.
      2. 45-Day Annotated Public Comment Letters. Annotated versions of the public comment letters received during the 45-day comment period and public hearing. Annotations on these comment letters correspond with the comment matrix and final statement of reasons. This document is available for public inspection during normal business hours at CalRecycle, 1001 “I” Street, 24th Floor, Sacramento, CA 95814. To schedule a time to inspect these documents, please contact Donnet McFarlane at Regulations@calrecycle.ca.gov.
      3. 45-Day Comment Period Matrix. A matrix that displays all public comments, corresponding comment codes, and CalRecycle’s responses to all comments received during the 45-day comment period and public hearing.
      4. Documents Relied Upon. All technical, theoretical, and empirical studies, reports, or similar documents relied upon in developing the proposed regulations
        1. Attachment 1: Economic and Fiscal Impact Statement (STD 399)
        2. Attachment 2: STD 399 Appendix
        3. Attachment 3: Administrative Conference of the United States, Evidentiary Hearings Outside the Administrative Procedure Act
        4. Attachment 4: In re Marriage of Khera & Sameer (2012) 206 Cal.App.4th 1467
        5. Attachment 5: Benninghoff v. Superior Court (2006) 136 Cal.App.4th 61,
        6. Attachment 6: Frost v. State Personnel Board (1961) 190 Cal.App.2d 1
        7. Attachment 7: Obregon v. Superior Court (1998) 67 Cal.App.4th 424
        8. Attachment 8: Morris v. Williams (1967) 67 Cal.2d 733
      5. Department Adoption of Regulations
    8. Updated Informative Digest
    9. Final Statement of Reasons
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All rulemaking documents listed on this webpage are either available by submitting a PRA request online on the California Public Records Act Requests webpage, or by emailing Regulations@calrecycle.ca.gov. These documents are also available for public inspection during normal business hours at CalRecycle, 1001 “I” Street, 24th Floor, Sacramento, CA 95814. To schedule a time to inspect these documents, please contact Donnet McFarlane at Regulations@calrecycle.ca.gov.

Input from Interested Parties

CalRecycle considered written comments sent to CalRecycle and received during the initial 45-day written comment period, which began on October 31, 2025, and ended on December 17, 2025. CalRecycle additionally held a hybrid public hearing on December 17, 2025.

History

The CalRecycle Informal Hearing Rules permanent regulations were submitted to OAL on March 30, 2026, and published in the California Regulatory Notice Register on April 10, 2026. On May 12, 2026, OAL approved the permanent regulations. The effective date of these regulations is July 1, 2026.

The 45-day public comment period began on October 31, 2025, and ended on December 17, 2025. On December 17, 2025, CalRecycle conducted a public hearing to receive formal comments on the proposed regulations.

During the 45-day comment period, comments were submitted to:

Postal mail:

Donnet McFarlane
CalRecycle Informal Hearing Rules
Department of Resources Recycling and Recovery, Regulations Unit
1001 “I” St., MS-24B, Sacramento, CA 95814

Electronic submittal: Via CalRecycle’s public comment portal

Contact

For more information on the CalRecycle Informal Hearing Rules, please contact Donnet McFarlane at Regulations@calrecycle.ca.gov.

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