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STATE OF CALIFORNIA-GOVERNMENT OPERATIONS AGENCY	EDMUND G. BROWN, Jr., Governor
OFFICE OF ADMINISTRATIVE LAW

300 Capitol Mall, Suite 1250
Sacramento, CA 95814
(916) 323-6225  FAX (916) 323-6826

DEBRA M. CORNEZ
Director

MEMORANDUM

TO: FROM: DATE: RE:

Jeanne Wolfe	} OAL Front Desk
February 3, 2017	V
Return of Rulemaking Materials OAL Matter Number 2016-1215-02 OAL Matter Type Regular (S)

OAL hereby returns the rulemaking record your agency submitted for review regarding "Written Justification for Government Code 19130(b) Contracts."

If this is an approved matter, it contains a copy of the regulation(s) stamped "ENDORSED APPROVED" by the Office of Administrative Law and "ENDORSED FILED" by the Secretary of State. The effective date of an approved regulation is specified on the Form 400 (see item B.5).
Beginning January 1, 2013, unless an exemption applies, Government Code section 11343.4 states the effective date of an approved regulation is determined by the date the regulation is filed with the Secretary of State (see the date the Form 400 was stamped "ENDORSED FILED" by the Secretary of State) as follows:

January 1 if the regulation or order of repeal is filed on September 1 to November 30, inclusive.
April 1 if the regulation or order of repeal is filed on December 1 to February 29, inclusive.
July 1 if the regulation or order of repeal is filed on March 1 to May 31, inclusive.
October 1 if the regulation or order ofrepeal is filed on June 1 to August 31, inclusive.

If an exemption concerning the effective date of the regulation approved in this matter applies, then it will be specified on the Form 400. The Notice of Approval that OAL sends to the agency will include the effective date of the regulation. The history note that will appear at the end of the regulation section in the California Code of Regulations will also include the regulation's effective date. Additionally, the effective date of the regulation will be noted on OAL's web site after OAL posts the Internet Web site link to the full text of the regulation that is received from the agency. (Gov. Code, secs. 11343 and 11344.)

Please note this new requirement:	Unless an exemption applies, Government Code section 11343 now requires:

Section 11343(c)(l): Within 15 days ofOAL filing a state agency's regulation with the Secretary of State, the state agency is required to post the regulation on its Internet Web site in an easily marked and identifiable location. The state agency shall keep the regulation posted on its Internet Web site for at least six months from the date the regulation is filed with the Secretary of State.

Section 11343(c)(2): Within five (5) days of posting its regulation on its Internet Web site, the state agency shall send to OAL the Internet Web site link of each regulation that the agency posts on its Internet Web site pursuant to section 11343(c)(l).

OAL has established an email address for state agencies to send the Internet Web site link to for each regulation the agency posts. Please send the Internet Web site link for each regulation posted to OAL at postedregslink@oal.ca.gov.

NOTE ABOUT EXEMPTIONS. Posting and linking requirements do not apply to emergency regulations; regulations adopted by FPPC or Conflict of Interest regulations approved by FPPC; or regulations not subject to OAUAPA review. However, an exempt agency may choose to comply with these requirements, and OAL will post the information accordingly.

DO NOT DISCARD OR DESTROY THIS FILE
Due to its legal significance, you are required by law to preserve this rulemaking record.	Government Code section 11347.3(d) requires that this record be available to the public and to the courts for possible later review.   Government Code section 11347.3(e) further provides that"...no item contained in the  file shall be removed, altered, or destroyed or otherwise disposed of." See also the State Records Management Act (Government Code section 14740 et seq.) and the State Administrative Manual (SAM) section 1600 et seq. regarding retention of your records.

If you decide not to keep the rulemaking records at your agency/office or at the State Records Center, you may transmit it to the State Archives with instructions that the Secretary of State shall not remove, alter, or destroy or otherwise dispose of any item contained in the file. See Government Code section 11347.3(f).

Enclosures

ST ATEO F CA LIFO RN IA-O FFICEOF  ADMI NISTRATIVE LAW	C	llLAo	in s truc   t io  : s    on
NOTICE PUBLICATION/REG	A   h	"	re ve  rse )
STD. • oo (REV. 01·2013)	

For use by Secretary of State only

ENDORSED· FILED
in the office of the Secretary of State
of the State of California
!JAN 312017
J: 3!	f lJ?	

NUMBERS    z . 2016-0404-02		
For use by Office of Administrative Law (OAL)  only		

NOTICE	
i 101b DEC ISp	f: 12
OFFICE OF
f\DMIN IST RA.TIV[ L AW

REGULATIONS		
AGENCY WITH RULEMAKING AUTHORITY
Californ ia St ate Personnel Board	AGENCY FILENUM8ER (lf any)		

·.	.	a	c

OAL FILEINOTICE FILE NUMBER

EMERGENCY NUMBER

PUBLICATION OF NOTICE (Complete for publication in Notice Register)
1.   SUBJECT OF NOTICE	TITLE(S)	FIRST SECTION AFFECTED

Notice re

D3.  NOTICE TYPEProposed D

OAL USE   ACTION ON PROPOSED NOTICE

ONLY   D Approvedas	D  Appravedas

Submitted

Modirl<ld

D Disapproved/

W hdrawn

Re  ulato   Action	Other

AGENCY CONTACT PERSON

TELEPHONE NUMBER
I

FAX NUMBER (Optional)

SUBMISSION OF REGULATIONS (Complete when submitting regulations)

1a.  SUBJECT OF REGULATtON(S)
Written Justifi cation for Government Cod e 19130(b ) Contracts

lb    ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBER(S)

2  SPECIFY CALIFORNIA CODE Of  REGULATIONS rrTLE(SJ AND SECTIO N(SJ (Includ ing  til l•   26 , if to, icsr• lat • d)
SECTION(S) AFFECTED	ADOPT	per agency
(List all sect ion  number(s)	5	S°Lf-l-, /t;o · f	request
individually. Attach	AMEND
add itiona l sheet if needed.)	547.60

TITLE(S)
2

REPEAL

lYPE OFFILING

0

[g] Regu lar Rul emaki ng (Gov . Co de §11346)
Resubmittal of disapproved or withd rawn nonemergency filing(Gov.Code§§11349.3.
11349.4)

DCertif ic.ale  of  Compliance: The agency officer named below certifies that  this agency complied  with the
provisions or Gov. Code§§11346.2·l 1347.3 either before the emergency regulation was.adopted or within the time pe riod required by statute.
D

D Emergency Readopt (Gov.
Code, § 11346.l(hl)
D File&Prmt

D Changes Without Regulatory Effect (Cal. Code Regs. title

D

,1 §100)
PrrntOnly

0   Emergency (Gov. Code.
§ 11346.l(b)I

Resubmittal of disapproved or withdrawn emergency filing (Gov . Code, §11346.1)

D Olher (Specify)

ALL 8EGtNNl 'G ANDENDING DAT« IJf AVAILA81LITY OFMODIFIED REGULATIONSAND/OR MATERIAL ADDED TO THE RULEMAKINGFIL[!Col.l (ode Reg1 . t1tlo 1. 1• 4 and Go,,.Codo It 13•7.I)

Begin nin g Dat e: June 23 ,2016 ; Ending  Date: July 8, 2016

rfect1v0J anua  ry ,1

Apn 11,     Jul y   1 . or	D

o	§l OOCh <il\gesW 11h out    Jtal Effecllvc	J.	28 1'

FE    IVE OATE OF CHANGES(Gov. Cod, . §§ ll  H l • . II H6  l (dl. Cal Code Regs.. ml< I. §100 I

tia

Ettectlveonfihngwtth
October  1 (Gov  Code§ t 1  3   • (a))	Secretary ol Slate	Regulat0<y Elfec1	0<h" iSpe<ofyl    a A	f) ;

D	D

6 .  CHEC    K I F THESE REGULATIONSREQUIRE NOTICE TO, OR REVIEW. CONSULTATION. APPROVAL OR CONCURRENCE BY. ANOTHER AGENCY OR ENTITY
Depanment of Finance(Form STD. 399 )(SAM §6660 )	f a ir PolrticalP r actices Comm1ssron	State  fireMarshal

Other (Specfiy)
CONTACT PERSON
Jeanne R. Wolfe

TELEPHONE NUMBER
916-651-0924

FAX NUMBER (Opllonel)
916-653-1280

E-MAIL  ADDRESS (Optional)
jeanne.wolfe @spb .ca.gov

correct copy
specified on thisform his action ,
ake this certification .	For use by Office of Administrative Law (OAL ) only

ENDORSED APPROVED
'JAN 31 20:7
Office of Administrative Law	

I certify  that the attached  copy of  the  regulation(s)  is a  tru e   and of   the   regulation(s)   identified   on  this  form,  that  the information
is true and corre ct, and that I am   the  head of the agency taking t

or a designee of the  head of the agency, and am authorized to m

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STATE
5 PERSONNEL BOARD

801 Capitol Mall Sacramento, CA 95814  I  www.spb.ca.gov	Governor Edmund G. Brown Jr.

FINAL TEXT OF MODIFIED REGULATION

CALIFORNIA CODE OF REGULATIONS TITLE 2. ADMINISTRATION
DIVISION 1. ADMINISTRATIVE PERSONNEL CHAPTER 1. STATE PERSONNEL BOARD
SUBCHAPTER 1.5 PERSONAL SERVICES CONTRACTS
ARTICLE 2. PROCEDURES FOR REVIEWING PERSONAL SERVICES CONTRACTS PROPOSED OR ENTERED INTO PURSUANT TO GOVERNMENT CODE § 19130(6)

§ 547.60. Standard and Control for Approval of Contracts. Written Justification.

VVhen a state agency requests approval from the Department of General Services for a contract let under Government Code § 19130(b), the agency shall include with its contract transmittal a written justification that includes specific and detailed factual information that demonstrates how the contract meets ono or more of tho conditiGRS specified in Government Code§ 19130(b).

Whenever an agency executes a personal services contract under Government Code section 19130. subdivision (b). the agency shall document. with specificity and detailed factual information, the reasons why the contract satisfies one or more of the conditions specified in Government Code section 19130. subdivision (b). The written justification shall be signed by a person who is authorized to do so and who signs based on his or her personal knowledge, information. or belief that the written justification correctly reflects the reasons why the contract satisfies Government Code section 19130. subdivision (b). The date of signing. the representative's name. title. address. e­ mail address. and telephone number shall be included and legible.

The agency shall maintain the written justification for the duration of the contract and any extensions of the contract or in accordance with the record retention requirements of section 26. whichever is longer.

NOTE: Authority cited: Section 10337(a), Public Contract Code; and Section 18701, Government Code. Reference: Section§ 18661 and 19130, Government Code.

§ 547.60.1 Standard and Control for Approval of Contracts.

If approval from the Department of General Services is required for a contract covered by Government Code section 19130. subsection (b). the agency shall include with its contract transmittal the written justification described in section 547.60. subdivision (a).

NOTE: Authority cited: Section 10337/a). Public Contract Code: and Section 18701. Government Code. Reference: Section 19130. Government Code.

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STATE PERSONNEL BO ARD
801 Capitol Mall Sacramento. CA 95814   I www spb ca gov	Governor Edmund G. Brown Jr.
FINAL  TEXT CALIFORNIA CODE OF REGULATIONS
TITLE 2. ADMINISTRATION DIVISION 1. ADMINISTRATIVE PERSONNEL CHAPTER 1. STATE PERSONNEL BOARD
SUBCHAPTER 1.5 PERSONAL SERVICES CONTRACTS
ARTICLE 2. PROCEDURES FOR REVIEWING PERSONAL SERVICES CONTRACTS PROPOSED OR ENTERED INTO PURSUANT TO GOVERNMENT CODE § 19130(6)

§ 547.60. Written Justification.

Whenever an agency executes a personal services contract under Government Code section 19130, subdivision (b), the agency shall document, with specificity and detailed factual information, the reasons why the contract satisfies one or more of the conditions specified in Government Code section 19130, subdivision (b). The written justification shall be signed by a person who is authorized to do so and who signs based on his or her personal knowledge, information, or belief that the written justification correctly reflects the reasons why the contract satisfies Government Code section 19130, subdivision (b). The date of signing, the representative's name, title, address, e­ mail address, and telephone number shall be included and legible.

The agency shall maintain the written justification for the duration of the contract and any extensions of the contract or in accordance with the record retention requirements of section 26, whichever is longer.

NOTE: Authority cited: Section 18701, Government Code. Reference: Sections 18661 and 19130, Government Code.

§ 547.60.1 Standard and Control for Approval of Contracts.

If approval from the Department of General Services is required for a contract covered by Government Code section 19130, subsection (b), the agency shall include with its contract transmittal the written justification described in section 547.60, subdivision(a).

NOTE: Authority cited: Section 10337(a), Public Contract Code: and Section 18701, Government Code. Reference: Section 19130, Government Code.

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,•-     ­
STATE PERSONNEL BOARD

801 Cap1iol Mall Sacramento. CA 95814  I www spb ca gov	Governor Edmund G. Brown Jc
FINAL  TEXT CALIFORNIA CODE OF REGULATIONS
TITLE 2. ADMINISTRATION DIVISION 1. ADMINISTRATIVE PERSONNEL CHAPTER 1. STATE PERSONNEL BOARD
SUBCHAPTER 1.5 PERSONAL SERVICES CONTRACTS
ARTICLE 2. PROCEDURES FOR REVIEWING PERSONAL SERVICES CONTRACTS PROPOSED OR ENTERED INTO PURSUANT TO GOVERNMENT CODE § 19130(8)

§ 547.60. Written Justification.

Whenever an agency executes a personal services contract under Government Code section 19130. subdivision (b). the agency shall document. with specificity and detailed factual information. the reasons why the contract satisfies one or more of the conditions specified in Government Code section 19130. subdivision (b). The written justification shall be signed by a person who is authorized to do so and who signs based on his or her personal knowledge. information. or belief that the written justification correctly reflects the reasons why the contract satisfies Government Code section 19130. subdivision (b). The date of signing. the representative's name. title. address. e­ mail address. and telephone number shall be included and legible.

The agency shall maintain the written justification for the duration of the contract and any extensions of the contract or in accordance with the record retention requirements of section 26. whichever is longer.

NOTE: Authority cited: Section 18701, Government Code. Reference: Sections 18661 and 19130, Government Code.

§ 547.60.1 Standard and Control for Approval of Contracts.

If approval from the Department of General Services is required for a contract covered by Government Code section 19130. subsection (b). the agency shall include with its contract transmittal the written justification described in section 547.60. subdivision (a).

NOTE: Authority cited: Section 10337/a). Public Contract Code: and Section 18701. Government Code. Reference: Section 19130. Government Code.

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PERSONNEL
5   BOARD
801 Capitol Mall Sacramento. CA 95814   I www spb ca gov	Governor Edmund G. Brown Jr.
FINAL TEXT CALIFORNIA CODE OF REGULATIONS
TITLE 2. ADMINISTRATION DIVISION 1. ADMINISTRATIVE PERSONNEL CHAPTER 1. STATE PERSONNEL BOARD
SUBCHAPTER 1.5 PERSONAL SERVICES CONTRACTS
ARTICLE 2. PROCEDURES FOR REVIEWING PERSONAL SERVICES CONTRACTS PROPOSED OR ENTERED INTO PURSUANT TO GOVERNMENT CODE § 19130(8)

§ 547.60. Written Justification.

(a) Whenever an agency executes a personal services contract under Government Code section 19130, subdivision (b}, the agency shall document, with specificity and detailed factual information, the reasons why the contract satisfies one or more of the conditions specified in Government Code section 19130, subdivision (b). The written justification shall be signed by a person who is authorized to do so and who signs based on his or her personal knowledge, information, or belief that the written justification correctly reflects the reasons why the contract satisfies Government Code section 19130, subdivision (b}. The date of signing, the representative's name. title, address. e­ mail address. and telephone number shall be included and legible.

(b} The agency shall maintain the written justification for the duration of the contract and any extensions of the contract or in accordance with the record retention requirements of section 26, whichever is longer.

NOTE: Authority cited: Section 18701, Government Code. Reference: Sections 18661 and 19130, Government Code.

§ 547.60.1 Standard and Control for Approval of Contracts.

If approval from the Department of General Services is required for a contract covered by Government Code section 19130, subsection (b }. the agency shall include with its contract transmittal the written justification described in section 547.60, subdivision (a}.

NOTE: Authority cited: Section 10337(a}. Public Contract Code; and Section 18701. Government Code. Reference: Section 19130, Government Code.

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., .
<    STATE
PERSONNEL
iS BOARD

801  Capitol Mall Sacramento. CA 95814    I    www spb ca gov	Governor Edmund G. Brown Jr.
FINAL  TEXT CALIFORNIA CODE OF REGULATIONS
TITLE 2. ADMINISTRATION DIVISION 1. ADMINISTRATIVE PERSONNEL CHAPTER 1. STATE PERSONNEL BOARD
SUBCHAPTER 1.5 PERSONAL SERVICES CONTRACTS
ARTICLE 2. PROCEDURES FOR REVIEWING PERSONAL SERVICES CONTRACTS PROPOSED  OR ENTERED  INTO PURSUANT  TO GOVERNMENT  CODE   § 19130(6)

§ 547.60. Written Justification.

Whenever an agency executes a personal services contract under Government Code section 19130. subdivision (b). the agency shall document. with specificity and detailed factual information. the reasons why the contract satisfies one or more of the conditions specified in Government Code section 19130. subdivision (b). The written justification shall be signed by a person who is authorized to do so and who signs based on his or her personal knowledge. information. or belief that the written justification correctly reflects the reasons why the contract satisfies Government Code section 19130. subdivision (b). The date of signing. the representative's name. title. address. e­ mail address. and telephone number shall be included and legible.

The agency shall maintain the written justification for the duration of the contract and any extensions of the contract or in accordance with the record retention requirements of section 26. whichever is longer.

NOTE: Authority cited: Section 18701, Government Code. Reference: Sections 18661 and 19130, Government Code.

§ 547.60.1 Standard and Control for Approval of Contracts.

If approval from the Department of General Services is required for a contract covered by Government Code section 19130. subsection (b). the agency shall include with its contract transmittal the written justification described in section 547.60. subdivision (a).

NOTE: Authority cited: Section 10337/a). Public Contract Code: and Section 18701. Government Code. Reference: Section 19130. Government Code.

<rS-TATE':;

\.
PERSONNEL
j BOARD

801 Capitol Mall Sccramento. CA 95814 I www spb ca gov	Go\·ernor Edmund G. Brown Jr
FINAL   TEXT CALIFORNIA  CODE  OF REGULATIONS
TITLE 2. ADMINISTRATION DIVISION 1. ADMINISTRATIVE PERSONNEL CHAPTER 1. STATE PERSONNEL BOARD
SUBCHAPTER 1.5 PERSONAL SERVICES CONTRACTS
ARTICLE 2. PROCEDURES FOR REVIEWING PERSONAL SERVICES CONTRACTS PROPOSED OR ENTERED INTO PURSUANT TO GOVERNMENT CODE § 19130(8)

§ 547.60. Written Justification.

Whenever an agency executes a personal services contract under Government Code section 19130. subdivision (b). the agency shall document. with specificity and detailed factual information. the reasons why the contract satisfies one or more of the conditions specified in Government Code section 19130. subdivision (b). The written iustification shall be signed by a person who is authorized to do so and who signs based on his or her personal knowledge. information. or belief that the written justification correctly reflects the reasons why the contract satisfies Government Code section 19130. subdivision (b). The date of signing. the representative's name. title. address. e­ mail address. and telephone number shall be included and legible.

The agency shall maintain the written justification for the duration of the contract and any extensions of the contract or in accordance with the record retention requirements of section 26. whichever is longer.

NOTE: Authority cited: Section 18701, Government Code. Reference: Sections 18661 and 19130, Government Code.

§ 547.60.1 Standard and Control for Approval of Contracts.

If approval from the Department of General Services is required for a contract covered by Government Code section 19130. subsection (b). the agency shall include with its contract transmittal the written justification described in section 547.60. subdivision (a).

NOTE: Authority cited: Section 10337(a), Public Contract Code: and Section 18701. Government Code. Reference: Section 19130, Government Code.