California Register, 2014, Number 43. October 24, 2014

• Library: California Register
• Published date: 24 October 2014
• Year: 2014

OCTOBER 24, 2014REGISTER 2014, NO. 43–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW

OFFICE OF ADMINISTRATIVE LAW

EDMUND G. BROWN, JR., GOVERNOR

(Continued on next page)

Time-

Dated

Material

PROPOSED ACTION ON REGULATIONS

TITLE 2. DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

Fair Employment and Housing Act Regulations — Notice File No. Z2014–1013–01 1767. . . . . . . . . . . . . . . . . . . . . . .

TITLE 2. FAIR POLITICAL PRACTICES COMMISSION

Conflict–of–Interest Code — Notice File No. Z2014–1014–06 1769. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment

State Agency: California State Lottery Commission

Multi–County Agency: Merced Community College District

California Risk Management Authority I

California Risk Management Authority II

TITLE 2. STATE ALLOCATION BOARD

Leroy F. Greene School Facilities Act of 1998; General Site Development (GSD) Extension #7 — Notice

File No. Z2014–1014–03 1770. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 8. DEPARTMENT OF INDUSTRIAL RELATIONS, OFFICE OF THE DIRECTOR

Return–to–Work Supplement Program — Notice File No. Z2014–1014–01 1775. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 9. DEPARTMENT OF STATE HOSPITALS

Definition of Mental Disorder — Notice File No. Z2014–1014–07 1778. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 10. DEPARTMENT OF BUSINESS OVERSIGHT

Non–Depository Operating Subsidiaries — Notice File No. Z2014–1014–02 1781. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 13. DEPARTMENT OF MOTOR VEHICLES

Commercial Driver Licenses — Notice File No. Z2014–1009–01 1784. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing

notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the

California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the

California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore,

that issues of the California Regulatory Notice Register be retained for a minimum of 18 months.

CALIFORNIA REGULATORY NOTICE REGISTER (USPS 002–931), (ISSN 1041-2654) is published weekly by the Office

of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a

subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make

changes to current subscriptions, please call (800) 888-3600. “Periodicals Postage Paid in Saint Paul, MN.” POSTMASTER:

Send address changes to the: CALIFORNIA REGULATORY NOTICE REGI STER, Barcla ys, a subsidiar y of West, a Thomson

Reuters Business, P.O. Box 2006, San Francisco, CA 94126. The Register can also be accessed at http://www.oal.ca.gov.

TITLE 15. BOARD OF PAROLE HEARINGS

Penal Code 3000.1 Proceedings — Notice File No. Z2014–1014–08 1787. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 18. BOARD OF EQUALIZATION

Petroleum Refining Properties — Notice File No. Z2014–1010–02 1790. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

GENERAL PUBLIC INTEREST

AIR RESOURCES BOARD

Errata — Zero Emission Vehicle Regulation 2014 1796. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DISAPPROVAL DECISIONS

MEDICAL BOARD OF CALIFORNIA

Implementation of Senate Bill 1441 1803. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

OFFICE OF EMERGENCY SERVICES

California Accidental Release Prevention (CalARP) Program 1804. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SUMMARY OF REGULATORY ACTIONS

Regulations filed with the Secretary of State 1805. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sections Filed, May 14, 2014 to October 15, 2014 1809. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CALIFORNIA REGULATORY NOTICE REGISTER 2014, VOLUME NO. 43-Z

1767

PROPOSED ACTION ON

REGULATIONS

Information contained in this document is

published as received from agencies and is

not edited by Thomson Reuters.

TITLE 2. DEPARTMENT OF FAIR

EMPLOYMENT AND HOUSING

The Fair Employment and Housing Council (Coun-

cil) proposes to amend sections 11005.1 to 11141 of

Title 2 of the California Code of Regulations after con-

sidering all comments, objections, and recommenda-

tions regarding the proposed action.

PUBLIC HEARING

The Department will hold a public hearing at 10:00

a.m. on December 8, 2014, at the University of

California, Davis School of Law, 400 Mrak Hall Drive,

Room 1303, Davis, California 95616.

The hearing room is wheelchair accessible. At the

hearing, any person may present statements or argu-

ments orally or in writing relevant to the proposed ac-

tion described in the Informative Digest. The Council

requests but does not require that persons who make

oral comments at the hearing also submit a written copy

of their testimony at the hearing.

WRITTEN COMMENT PERIOD

Any interested person, or his or her authorized repre-

sentative, may submit written comments relevant to the

proposed regulatory action to the Council. The written

comment period closes at 5:00 p.m. on December 8,

2014. The Council will consider only comments re-

ceived by that time. Written comments can be mailed to:

Fair Employment and Housing Council

c/o Annmarie Billotti, Acting Director

Department of Fair Employment and Housing

2218 Kausen Drive, Suite 100

Elk Grove, CA 95758

Comments may also be submitted by e–mail to

FEHCouncil@dfeh.ca.gov.

AUTHORITY AND REFERENCE

Government Code section 12935(a) authorizes the

Council to adopt these proposed regulations. The pro-

posed regulations implement, interpret, and make spe-

cific section 12900 et seq. of the Government Code.

INFORMATIVE DIGEST/ POLICY STATEMENT

OVERVIEW

This rulemaking action clarifies, makes specific, and

supplements existing state regulations interpreting the

Fair Employment and Housing Act (FEHA) set forth in

Government Code section 12900 et seq. As it relates to

employment, the FEHA prohibits harassment and dis-

crimination because of the race, religious creed, color,

national origin, ancestry, physical disability, mental

disability, medical condition, genetic information, mar-

ital status, sex, gender, gender identity, gender expres-

sion, age, sexual orientation, and military and/or

veteran status of any person.

In compliance with the Administrative Procedure

Act (APA), the Council proposes to adopt these rules as

duly noticed, vetted, and authorized regulations. Since

the Council’s predecessor entity previously promul-

gated FEHA regulations, the broad objective of the pro-

posed amendments is to further supplement those regu-

lations, primarily by clarifying confusing rules, making

technical amendments to ease readability, and conform-

ing the regulations to recent statutory amendments.

This action has the specific benefit of creating a more

comprehensive set of rules to ensure that employees

and employers better understand their rights and duties,

in turn reducing litigation costs and the burden on

courts. Ultimately, the proposed action furthers the

mission of the DFEH by protecting Californians from

employment discrimination and by enforcing non–

discrimination laws statewide.

In addition to technical amendments and statutory

updates, the proposed amendments most notably clarify

and/or articulate: (1) the standard for establishing dis-

crimination; (2) the definition of “interns and volun-

teers”; (3) that a victim of human trafficking may have a

separate right of action under the FEHA; (4) when an

employee may be personally liable for harassing a co–

employee; (5) the standards for harassment and dis-

crimination prevention and correction; (6) the require-

ment to provide training on “abusive conduct” as a com-

ponent of sexual harassment training; (7) the standard

for discrimination on the basis of possessing a driver’s

license granted under Section 12801.9 of the Vehicle

Code; (8) the definitions of “sex,” “gender identity,”

“gender expression,” “transgender,” and “sex stereo-

type”; (9) that it is no defense to a complaint of harass-

ment based on sex that the alleged harassing conduct

was not motivated by sexual desire; (10) the standards

for what constitute sexual harassment; (11) that four

months is the leave entitlement for pregnancy disability

leave; (12) the standard and content for posting notice