Legal Opinions of the Attorney General -
Yearly Index

Opinions published in 2017

Opinion Question Conclusion Published
17-302 Penal Code section 4030, subdivision (k), specifies that any person (other than medical staff) who conducts, or is present at, or is within sight of, a strip search, body cavity search, or body scan of specified prearraignment detainees must be the “same sex” as the person searched. Does the term “sex,” as used in this provision, refer to the searched person’s gender, including the person’s gender identity and gender expression? “Sex” as used in Penal Code section 4030, subdivision (k) refers to the searched person’s gender, including the person’s gender identity and gender expression.

Official Citation: 100 Ops.Cal.Atty.Gen. 1 		07/06/2017
16-801 Does Health and Safety Code section 13146 prohibit fire protection district chiefs from enforcing the State Fire Marshal’s building standards and regulations as they relate to R-3 dwellings? Health and Safety Code section 13146 does not prohibit fire protection district chiefs from enforcing the State Fire Marshal’s building standards and regulations as they relate to R-3 dwellings.

Official Citation: 100 Ops.Cal.Atty.Gen. 13 		07/26/2017
16-603 Does the California Voter Participation Rights Act apply to charter cities, and to local school districts whose elections are governed by city charters? The California Voter Participation Rights Act applies to charter cities, and to local school districts whose elections are governed by city charters.

Official Citation: 100 Ops.Cal.Atty.Gen. 4 		07/11/2017
14-101 1. Does the Administrative Procedure Act (Gov. Code, §§ 11340-11529) authorize a party to a proceeding conducted by the Office of Administrative Hearings to be represented by a person who is not an active member of the California State Bar?

2. Does title 20 United States Code section 1415(h)(1), or its implementing regulations, or California Education Code section 56505, subdivision (e)(1), authorize a party to a special education “due process hearing” to be represented by a person who is not an active member of the California State Bar? 		1. The Administrative Procedure Act does not, in itself, authorize a party to a proceeding conducted by the Office of Administrative Hearings to be represented by a person who is not an active member of the California State Bar.

2. Neither title 20 United States Code section 1415(h)(1), nor its implementing regulations, nor California Education Code section 56505, subdivision (e)(1), authorizes a party to a special education “due process hearing” to be represented by a person who is not an active member of the California State Bar.

Official Citation: 100 Ops.Cal.Atty.Gen. 19 		09/28/2017