OAL Determinations 2009

Determinations Issued in 2009:

2009 OAL Determination No. 1(S) (pdf)

Filed with the Secretary of State on March 2, 2009
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: Operational Procedure 806, Dealing with Inmate Property

2009 OAL Determination No. 2(S) (pdf)
Filed with the Secretary of State on March 13, 2009
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: Operational Procedure #605 titled Inmate Letters

2009 OAL Determination No. 3(S) (pdf)
Filed with the Secretary of State on March 13, 2009
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: A Pamphlet Designating Visiting Times for the Secure Housing Unit

2009 OAL Determination No. 4(S) (pdf)
Filed with the Secretary of State on March 17, 2009
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: California Code of Regulations, titled 15, section 3375.4(a)

2009 OAL Determination No. 5(S) (pdf)
Filed with the Secretary of State on March 17, 2009
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: DOM Supplement #108, Privilege Group C Housing

2009 OAL Determination No. 6(S) (pdf)
Filed with the Secretary of State on March 17, 2009
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: Amendment to California Code of Regulations, title 15, section 3133 (renumbered from 3147) and 3136 by the Department of Corrections and Rehabilitation

2009 OAL Determination No. 7 (pdf)
Filed with the Secretary of State on April 6, 2009
Agency: Department of Personnel Administration
Challenged Rule: Personnel Management Liaison memorandums No. 90-07, No. 90-07A (Hiring-Above-Minimum Standards for Extraordinary Qualifications), and No. 2007-026 (Delegation of Personnel Management Functions Update)

2009 OAL Determination No. 8(S) (pdf)
Filed with the Secretary of State on April 27, 2009
Agency: Department of Corrections and Rehabilitation
Challenged Rule: A Memorandum Establishing a New Friday Visiting Program

2009 OAL Determination No. 9 (pdf)
Filed with the Secretary of State on April 27, 2009
Agency: Board of Parole Hearings
Challenged Rule: Board of Parole Hearings Prohibiting Inmates From Presenting Oral
Witness Testing at Parole Suitability Hearings

2009 OAL Determination No. 10(S) (pdf)
Filed with the Secretary of State on April 27, 2009
Agency: Department of Justice
Challenged Rule: A Letter from the Department of Justice Regarding a Rifle’s “Capacity to Accept” a Detachable Magazine

2009 OAL Determination No. 11 (pdf)
Filed with the Secretary of State on May 12, 2009
Agency: California Prison Industry Authority
Challenged Rule: Job Assignment Practices for Inmates Employed by the California Prison Industry Authority

2009 OAL Determination No. 12 (pdf)
Filed with the Secretary of State on May 20, 2009
Agency: California Department of Mental Health
Challenged Rule: Special Order No. 130.01 Titled “The By Choice Incentive System” Issued by the Department of Mental Health

2009 OAL Determination No. 13(S) (pdf)
Filed with the Secretary of State on May 26, 2009
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: A Memorandum Concerning the Daily Schedule for Security Level III Inmates and Staff at California State Prison, Solano

2009 OAL Determination No. 14(S) (pdf)
Filed with the Secretary of State on July 13, 2009
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: Department Operations Manual (DOM) Supplements #108 and #040, Dealing with Privilege Group C, as Underground Regulations

2009 OAL Determination No. 15(S) (pdf)
Filed with the Secretary of State on July 23, 2009
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: A Memorandum Dated February 14, 2008, with a Subject Heading “Blank Non-CDC Court Forms”

2009 OAL Determination No. 16(S) (pdf)
Filed with the Secretary of State on August 6, 2009
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: 1) a Memorandum Dated December 28, 2006, with a Subject Heading “Double Cell Housing Policy” and 2) Operational Procedure 222, section 405, titled 405, titled “CDCR Form 1882-B ASU/SHU Double Cell Review”

2009 OAL Determination No. 17(S) (pdf)
Filed with the Secretary of State on August 6, 2009
Agency: California Department of Corrections and Rehabilitation
Challenged Rule: Department Operations Manual (DOM) Supplements #108 and #040

2009 OAL Determination No. 18(S) (pdf)
Filed with the Secretary of State on August 12, 2009
Agency: California Regional Water Quality Control Board, Central Valley Region, (Regional Board)
Challenged Rule: a Document titled “Developing Protective Hardness-Based Metal Effluent Limitations”

2009 OAL Determination No. 19 (pdf)
Filed with the Secretary of State on August 26, 2009
Agency: Department of Mental Health
Challenged Rule: Special Order No. 239.02, titled “Contraband” Issued by the Department of Mental Health

2009 OAL Determination No. 20(S) (pdf)
Filed with the Secretary of State on September 8, 2009
Agency: Los Angeles County Sheriff’s Department
Challenged Rule: Sexual Violent Predator Guidelines issued by the Los Angeles County Sherriff’s Department

2009 OAL Determination No. 21 (pdf)
Filed with the Secretary of State on September 18, 2009
Agency: Department of Corrections and Rehabilitation
Challenged Rule: Memorandum Titled Exemption for Entertainment Appliances in Administrative Segregation Units

2009 OAL Determination No. 22(S) (pdf)
Filed with the Secretary of State on September 23, 2009
Agency: Department of Corrections and Rehabilitation
Challenged Rule: a Addendum to DOM Section 53130.6.2 and an Addendum to DOM Section 53130.7.2

2009 OAL Determination No. 23(S) (pdf)
Filed with the Secretary of State on October 6, 2009
Agency: Department of Corrections and Rehabilitation
Challenged Rule: High Desert State Prison Supplement to the Department Operation Manual, titled “Library and Law Library” and dated January 2009

2009 OAL Determination No. 24(S) (pdf)
Filed with the Secretary of State on October 15, 2009
Agency: Department of Corrections and Rehabilitation
Challenged Rule: DOM section 54030.10.4 Concerning Handicraft Articles

2009 OAL Determination No. 25(S) (pdf)
Filed with the Secretary of State on November 5, 2009
Agency: Department of Corrections and Rehabilitation
Challenged Rule: a Memorandum Dated September 18, 2007, with a Subject Heading “Compact Discs Containing Explicit Lyrics”

2009 OAL Determination No. 26(S) (pdf)
Filed with the Secretary of State on November 16, 2009
Agency: Department of Corrections and Rehabilitation
Challenged Rule:  California Code of Regulatiions, title 15, section3162(b) as an underground regulation

2009 OAL Determination No. 27 (pdf)
Filed with the Secretary of State on November 23, 2009
Agency: Department of Corrections and Rehabilitation
Challenged Rule: Memorandum Titled “Violent Felonies and Minimum Custody Eligibility”

2009 OAL Determination No. 28(S) (pdf)
Filed with the Secretary of State on November 30, 2009
Agency: Department of Corrections and Rehabilitation
Challenged Rule: Two Forms, CDC 812-A: Notice of Critical Information-Prison Gang Identification and CDC 812-B: Notice of Critical Information-Disruptive Group Affiliation, and California Code of Regulations, title 15, subsection 3341.5(c)(2)(A)2 as underground regulations

2009 OAL Determination No. 29(S) (pdf)
Filed with the Secretary of State on December 1, 2009
Agency: Department of Corrections and Rehabilitation
Challenged Rule: California Code of Regulations, title 15, section 3106

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For information on Determinations, please contact Margaret Molina at 916-324-6044 or e-mail at mmolina@oal.ca.gov.