Section 25203 - Interpretive Guideline Request (California Code of Regulations)

§ 25203. Interpretive Guideline Request

(a) Any interested person may request the lead agency to issue an interpretive guideline concerning any subject related to the Act. A request for interpretive guideline shall contain:

(1) A clear and concise description of the substance or nature of the guideline requested; and

(2) A description of the reason for the request.

(b) Upon receipt of a request for interpretive guideline, the lead agency shall notify the requester in writing of the receipt and provide an estimate of the time required to determine whether an interpretive guideline will be proposed or adopted. Except where the proposed guideline will be considered by the appropriate committee, a decision on the request will normally be made within 60 days. Where the proposed guideline is considered by the appropriate Committee, a decision on the request will normally be made not later than 30 days after the guideline is considered by such Committee.

(c) When appropriate, in the discretion of the lead agency, a request for interpretive guideline may be treated as a request for a safe use determination under these procedures, or the lead agency may issue an information letter to the requester.

(d) All interpretive guidelines issued by the lead agency will be numbered and published either by the lead agency or in the California Regulatory Notice Register.

(e) Within a reasonable time after an interpretive guideline is published pursuant to paragraph (d), the lead agency may rescind the interpretive guideline, propose that it be formally adopted as originally published, or modify it and either republish it as an interpretive guideline for further comment or propose formal regulatory adoption of the modified interpretive guideline. Nothing in this section shall preclude the lead agency from making proposals for formal regulatory adoption which have not been published as interpretive guidelines.

(1. New section filed 1-7-2003; operative 2-6-2003 (Register 2003, No. 2). 2. Change without regulatory effect renumbering title 22, section 12203 to title 27, section 25203 filed 6-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 25).)

Note: Authority cited: Section 25249.12, Health and Safety Code. Reference: Section 25249.12, Health and Safety Code.

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