California Register, 2016, Number 08. February 19, 2016

• Library: California Register
• Published date: 19 February 2016
• Year: 2016

FEBRUARY 19, 2016REGISTER 2016, NO. 8–ZPUBLISHED 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

Criminal History in Employment Decisions — Notice File No. Z2016–0209–03233. . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 2.FAIR POLITICAL PRACTICES COMMISSION

Conflict–of–Interest Code — Notice File No. Z2016–0209–01235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment

Multi–County:Las Virgenes–Triunfo Joint Powers Authority

Marysville Joint Unified School District

TITLE 10.DEPARTMENT OF INSURANCE

California Automobile Assigned Risk (CAARP) Plan of Operations — Notice File No. Z2016–0204–01236. . . . . . . . .

TITLE 10.DEPARTMENT OF INSURANCE

Low Cost Automobile (LCA) Insurance Rates — Notice File No. Z2016–0204–02239. . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 10.DEPARTMENT OF INSURANCE

Low Cost Automobile (LCA) Plan of Operations — Notice File No. Z2016–0204–03242. . . . . . . . . . . . . . . . . . . . . . . .

TITLE 13.DEPARTMENT OF MOTOR VEHICLES

Driver’s Licenses: Assembly Bill (AB) 60 — Notice File No. Z2016–0208–01245. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 14.NATURAL RESOURCES AGENCY

California Environmental Quality Act — Tribal Cultural Resources — Notice File No. Z2016–0209–02247. . . . . . . .

GENERAL PUBLIC INTEREST

DEPARTMENT OF FISH AND WILDLIFE

Research on Bald Eagle, Golden Eagle, White–Tailed Kite, Peregrine Falcon — Dr. Peter Bloom252. . . . . . . . . . . . .

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

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PROPOSITION 65

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT

DART Data Call In253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DECISION NOT TO PROCEED

BOARD OF FORESTRY AND FIRE PROTECTION

Concerning Working Forest Management Plan (Previously Published in Notice Register 2015, No. 18–Z)254. . . . . . .

SUMMARY OF REGULATORY ACTIONS

Regulations filed with the Secretary of State255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sections Filed, September 9, 2015 to February 10, 2016258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 8-Z

233

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

CONSIDERATION OF CRIMINAL HISTORY

IN EMPLOYMENT DECISIONS

REGULATIONS

The Fair Employment and Housing Council of the

Department of Fair Employment and Housing (hereaf-

ter “Council”) proposes to amend section 11017 of and

add section 11017.1 to Title 2 of the California Code of

Regulations after considering all comments, objec-

tions, and recommendations regarding the proposed

action.

PUBLIC HEARING

The Council will hold a public hearing at 10:00 a.m.

on April 7,2016,at the following location:

Maudelle Shirek Building

2134 Martin Luther King Jr. Way

City Council Chambers, Second Floor

Berkeley, CA 94704

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 April 7,2016.

The Council will consider only comments received by

that time. Written comments can be mailed to:

Fair Employment and Housing Council

c/o Brian Sperber, Legislative & Regulatory

Counsel

Department of Fair Employment and Housing

320 West 4th Street, 10th Floor

Los Angeles, CA 90013

Telephone: 213–337–4495

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 veter-

an status of any person.

In compliance with the Administrative Procedure

Act, the Council proposes to adopt these rules as duly

noticed, vetted, and authorized regulations. The broad

objective of the proposed amendments is to describe

how the consideration of criminal history in employ-

ment decisions may constitute a violation of the FEHA

if it adversely impacts persons based on the protected

classes above. 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 Califor-

nians from employment discrimination and by enforc-

ing non–discrimination laws statewide.

The proposed amendments most notably clarify and/

or articulate the following: (1) California employers are

prohibited under the enumerated state laws from utiliz-

ing certain criminal background information in hiring,

promotion, training, discipline, termination and other

employment decisions; (2) the concept of adverse im-

pact; (3) how to prove adverse impact; (4) the affirma-

tive defense of job–relatedness and business necessity,