Justice Data & Investigative Services Bureau Regulations/Rulemaking Activities
The information below relates to recent rulemaking activity, including links to the regulations text and associated documents. Additionally, tips for making effective comments on regulations can be found here: Tips for Making Effective Comments, pdf. A person who has submitted a comment regarding a proposed action has the right to request a copy of the final statement of reasons.
Proposed: Regulations regarding Electronic Recording Delivery System (ERDS) – Title 11, Division 1, Chapter 18, Article 5
Notice Register Publication Date: September 11, 2020
Public Notice and Related Documents:
Approved: Regulations regarding the Fair and Accurate Governance of the CalGang Database – Title 11, Division 1, Chapter 7.5
On October 22, 2020, the Office of Administrative Law approved the Department of Justice’s regulations regarding the Fair and Accurate Governance of the CalGang Database and filed them with the Secretary of State. These regulations become effective on October 22, 2020.
Final Regulations:
- Text of Adopted Regulations
- Final Statement of Reasons
- Final Statement of Reasons – Attachment A
- Final Statement of Reasons – Attachment B
- Final Statement of Reasons – Attachment C
- Final Statement of Reasons – Attachment D
- Final Statement of Reasons – Attachment E
- Final Statement of Reasons – Attachment F
- Final Statement of Reasons – Attachment G
- Final Statement of Reasons – Attachment H
- Final Statement of Reasons – Attachment I
- Final Statement of Reasons – Attachment J
- Updated Informative Digest
Supplemental 15-Day Notices:
July 28, 2020
May 20, 2020
- Notice of Third Modification to Text of Proposed Regulations
- Notice of Addition of Documents and Information to the Rulemaking File
- Proposed 15-Day Modifications
- CalGang User Agreement, Form # CJIS 9006, November 2019
- CalGang Proxy Query Agreement, Form # CJIS 9007, November 2019
- CalGang Misuse Investigation Reporting, Form # CJIS 9008, November 2019
- AB 90 Empirical Literature Review Supplement
December 31, 2019
- Amended Notice of Second Modification to Text of Proposed Regulations, Second Modification to Proposed Forms, Addition of New Forms, and Second Addendum to Initial Statement of Reasons
- Notice of Second Modification to Text of Proposed Regulations, Second Modification to Proposed Forms, Addition of New Forms, and Second Addendum to Initial Statement of Reasons
- Notice of Addition of Documents and Information to the Rulemaking File
- Proposed 15-Day Modifications
- Unmarked Draft of Proposed Modifications
- Second Addendum to Initial Statement of Reasons
- CalGang User Agreement, Form # CJIS 9006, November 2019
- CalGang Proxy Query Agreement, Form # CJIS 9007, November 2019
- CalGang Gang Audit, Form # CJIS 9005, November 2019
- CalGang Misuse Investigation Reporting, Form # CJIS 9008, November 2019
July 31, 2019
- Amended Notice of Modified Text and Addendum to Initial Statement of Reasons
- Notice of Modified Text and Addendum to Initial Statement of Reasons
- Proposed 15-Day Modifications
- Addendum to Initial Statement of Reasons
- CalGang User Agreement, July 2019
- CalGang Proxy Query Agreement, July 2019
Public Notice and Related Documents:
Approved: Regulations regarding the Fair and Accurate Governance of Shared Gang Databases – Title 11, Division 1, Chapter 7.6
On October 22, 2020, the Office of Administrative Law approved the Department of Justice’s regulations regarding the Fair and Accurate Governance of Shared Gang Databases and filed them with the Secretary of State. These regulations become effective on October 22, 2020.
Final Regulations:
- Text of Adopted Regulations
- Final Statement of Reasons
- Final Statement of Reasons – Attachment A
- Final Statement of Reasons – Attachment B
- Final Statement of Reasons – Attachment C
- Final Statement of Reasons – Attachment D
- Final Statement of Reasons – Attachment E
- Final Statement of Reasons – Attachment F
- Final Statement of Reasons – Attachment G
- Final Statement of Reasons – Attachment H
- Final Statement of Reasons – Attachment I
- Final Statement of Reasons – Attachment J
- Updated Informative Digest
Supplemental 15-Day Notices:
July 28, 2020
May 20, 2020
- Notice of Third Modification to Text of Proposed Regulations
- Notice of Addition of Documents and Information to the Rulemaking File
- Proposed 15-Day Modifications
- AB 90 Empirical Literature Review Supplement
December 31, 2019
- Amended Notice of Modification to Text of Proposed Regulations and Second Addendum to Initial Statement of Reasons
- Notice of Modification to Text of Proposed Regulations and Second Addendum to Initial Statement of Reasons
- Notice of Addition of Documents and Information to the Rulemaking File
- Proposed 15-Day Modifications
- Second Addendum to Initial Statement of Reasons
July 31, 2019
- Amended Notice of Modified Text and Addendum to Initial Statement of Reasons
- Notice of Modified Text and Addendum to Initial Statement of Reasons
- Proposed 15-Day Modifications
- Addendum to Initial Statement of Reasons
Public Notice and Related Documents:
Approved: Regulations regarding the Controlled Substance Utilization Review and Evaluation System (CURES) – Title 11, Division 1, Chapter 8.5
On May 14, 2020, the Office of Administrative Law approved the Department of Justice’s regulations regarding CURES and filed them with the Secretary of State. These regulations become effective on July 1, 2020.
Final Regulations:
- Office of Administrative Law Notice of Approval
- Text of Adopted Regulations
- Final Statement of Reasons
- Final Statement of Reasons – Attachment A
- Final Statement of Reasons – Attachment B
- Updated Informative Digest
- CURES Regulations Fact Sheet
Documents Incorporated By Reference:
- National Institute of Standards and Technology (NIST) Special Publication 800-88, December 2014
- CURES-101 Information Practices Act Individual Request Form, September 2019
- CURES-201 Information Practices Act Representative Request Form, September 2019
- CURES Information Exchange Web Service Overview, December 2019
- CURES Information Exchange Web Service Onboarding Questionnaire, December 2019
Supplemental 15-Day Notices:
- Notice of Modification to Text of Proposed Regulations
- Proposed 15-Day Modifications
- CURES Information Exchange Web Service Overview, December 2019
- CURES Information Exchange Web Service Onboarding Questionnaire, December 2019
Public Notice and Related Documents:
- Notice of Proposed Rulemaking
- Text of Proposed Regulations
- Initial Statement of Reasons
- Std. 399 Fiscal Impact Statement
- Std. 400 (Part A)
- National Institute of Standards and Technology (NIST) Special Publication 800-88, December 2014
- CURES-101 Information Practices Act Individual Request Form, September 2019
- CURES-201 Information Practices Act Representative Request Form, September 2019
- CURES Information Exchange Web Service Overview, September 2019
- CURES Information Exchange Web Service Onboarding Questionnaire, September 2019
Approved: Regulations regarding California Pawn and SecondhandDealer System (CAPSS) – Title 11, Division 1, Sections 999.500, 999.503, 999.504, 999.505, and 999.506
On October 11, 2019, the Office of Administrative Law approved Sections 999.500, 999.503, 999.504, 999.505, and 999.506 of the Department of Justice’s regulations regarding CAPSS and filed them with the Secretary of State. These regulations become effective on January 1, 2020.
Final Regulations:
- Text of Adopted Regulations
- Addendum to the Final Statement of Reasons
- Final Statement of Reasons
- Updated Informative Digest
Approved: Regulations regarding California Pawn and SecondhandDealer System (CAPSS) – Title 11, Division 1, Sections 999.501 and 999.502
On November 19, 2019, the Office of Administrative Law approved Sections 999.501 and 999.502 of the Department of Justice’s regulations regarding CAPSS and filed them with the Secretary of State. These regulations become effective on January 1, 2020.
Final Regulations:
Supplemental 15-Day Notices:
- Notice of Modifications to the Initial Statement of Reasons
- Supplement to Initial Statement of Reasons
- Modified Text of the Proposed Regulations
Public Notice and Related Documents:
Approved: Regulations regarding Electronic Recording Delivery System (ERDS) – Title 11, Division 1, Chapter 18, Articles 2, 4, 5, 6, 7, and 9
On October 7, 2019, the Office of Administrative Law approved the Department of Justice’s regulations regarding ERDS and filed them with the Secretary of State. These regulations become effective on January 1, 2020.
Final Regulations:
Documents Incorporated By Reference:
- Federal Information Processing Standard (FIPS) 180-4, Secure Hash Standard, August 2015
- National Institute of Standards and Technology (NIST) Special Publication 800-88 Revision 1, Guidelines for Media Sanitization, December 2014
- NIST Special Publication 800-63-3, Digital Identity Guidelines, June 2017
- NIST Special Publication 800-70 Revision 4, National Checklist Program for IT Products - Guidelines for Checklist Users and Developers, February 2018
- NIST Special Publication 800-52 Revision 1, Guidelines for the Selection, Configuration, and Use of Transport Layer Security (TLS) Implementations, April 2014
- FIPS 202, SHA-3 Standard: Permutation-Based Hash and Extendable-Output Functions, August 2015
- FIPS 140-2, Security Requirements for Cryptographic Modules, May 2001 (change notice dated, December 2002)
- Application for Withdrawal, Form # ERDS 0010, May 2011
- Request for Replacement of Certificate and/or Documents, Form # ERDS 0006
Public Notice and Related Documents: