California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Article 8 - Incarcerated Person Sexual Safety
Section 3084.9 - Exceptions to the Regular Appeal Process. [Repealed]
1. New
section filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010,
No. 51). Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency
language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 12-13-2010 order, including
repealer of subsection (a)(5), transmitted to OAL 6-15-2011 and filed 7-28-2011
(Register 2011, No. 30).
3. New subsections (a)(5)-(a)(5)(B)7. and
amendment of NOTE filed 10-20-2016; operative 10-20-2016 pursuant to Government
Code section
11343.4(b)(3)
(Register 2016, No. 43).
4. New subsections (j)-(j)(8) filed
10-9-2017 as an emergency; operative 10-9-2017 (Register 2017, No. 41).
Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency
language will be repealed by operation of law on the following
day.
5. New subsections (j)-(j)(8) refiled 3-5-2018 as an emergency;
operative 3-19-2018 (Register 2018, No. 10). Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 8-27-2018 or emergency
language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 3-5-2018 order transmitted
to OAL 8-21-2018 and filed 10-3-2018 (Register 2018, No. 40).
7.
Repealer filed 3-25-2020 as an emergency; operative 6-1-2020 (Register 2020,
No. 13). Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency
language will be repealed by operation of law on the following
day.
8. Emergency filed 3-25-2020 and operative 6-1-2020 extended 60
days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to
Executive Order N-66-20 (Register 2020, No. 42). A Certificate of Compliance
must be transmitted to OAL by 3-9-2021 or emergency language will be repealed
by operation of law on the following day.
9. Repealer refiled
2-25-2021 as an emergency; operative 3-10-2021 (Register 2021, No. 9).
Emergency expiration extended 60 days (Executive Order N-40-20) plus an
additional 60 days (Executive Order N-71-20). A Certificate of Compliance must
be transmitted to OAL by 10-8-2021 or emergency language will be repealed by
operation of law on the following day.
10. Repealer refiled
10-4-2021 as an emergency; operative 10-8-2021 pursuant to Government Code
section
11346.1(d)
(Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL
by 1-6-2022 pursuant to Government Code section
11346.1(h)
or emergency language will be repealed by operation of law on the following
day.
11. Certificate of Compliance as to 10-4-2021 order transmitted
to OAL 12-7-2021 and filed 1-5-2022 (Register 2022, No. 1).
Note: Authority cited: Section 5058, Penal Code; and Section 6304.3, Labor Code. Reference: Sections 148.6, 832.5, 832.7, 832.8, 5054 and 5058.4, Penal Code; Sections 935.6, 965, 3300- 3313, 19570- 19575.5, 19583.5 and 19635, Government Code; Sections 98.7 and 6304.3, Labor Code; Sections 337, 338 and 339, Code of Civil Procedure; Sections 344.40, 344.41, 344.42 and 344.43, Title 8, Industrial Relations, California Code of Regulations; Americans With Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 328; Civil Rights of Institutionalized Persons Act; Title 42 U.S.C. Section 1997 et seq., Public Law 96-247, 94 Stat. 349; 28 CFR Sections 35.107 and 115.52; Wolff v. McDonnell (1974) 418 U.S. 539, 558-560; and Vasquez v. State of California, 105 Cal.App.4th 849 (2003) as implemented by the Stipulated Injunction and Order entered by the Superior Court of San Diego County in Case No.GIC-740832.
