Justice Data & Investigative Services Bureau Regulations/Rulemaking Activities

Approved: Regulations regarding Electronic Recording Delivery System (ERDS) – Title 11, Division 1, Chapter 18, Article 5

On January 21, 2021, the Office of Administrative Law approved the Department of Justice’s regulations regarding ERDS and filed them with the Secretary of State. These regulations became effective on January 21, 2021.

Final Regulations:

• Office of Administrative Law Notice of Approval
• Text of Adopted Regulations
• Final Statement of Reasons
• Updated Informative Digest

Public Notice and Related Documents:

• Notice of Proposed Rulemaking
• Text of Proposed Regulations
• Initial Statement of Reasons
• Std. 399 Fiscal Impact Statement
  • Std. 399 Attachment
• Std. 400

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

• Notice of Fourth Modification to Text of Proposed Regulations
• Proposed 15-Day Modifications

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:

• Notice of Proposed Rulemaking
• Text of Proposed Regulations
• Initial Statement of Reasons
• Std. 399 Fiscal Impact Statement
  • Std. 399 Attachment
• Std. 400 (Part A)
• CalGang User Agreement, February 2019
• CalGang Proxy Query Agreement, March 2019

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

• Notice of Fourth Modification to Text of Proposed Regulations
• Proposed 15-Day Modifications

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:

• Notice of Proposed Rulemaking
• Text of Proposed Regulations
• Initial Statement of Reasons
• Std. 399 Fiscal Impact Statement
  • Std. 399 Attachment
• Std. 400 (Part A)

Approved: Section 100 Action for the Controlled Substance Utilization Review and Evaluation System (CURES) Regulations – Title 11, Division 1, Chapter 8.5 (in relation to the below CURES regulations)

On February 2, 2021, the Office of Administrative Law approved the Department of Justice’s section 100 action regarding the CURES regulations and filed it with the Secretary of State. These regulations became effective on February 2, 2021.

Final Regulations:

• Text of Adopted Regulations

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. 399 Attachment
• 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:

• Text of Adopted 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

• Proposed 15-Day Modifications
• Notice of Public Availability of Modified Text

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)

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:

• Text of Adopted Regulations
• Final Statement of Reasons
• Updated Informative Digest

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:

• Notice of Proposed Rulemaking
• Text of Proposed Regulations
• Initial Statement of Reasons
• Std. 399 Fiscal Impact Statement
• Std. 400 (Part A)