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HomeHealth and Safety CodeDiv. 101Pt. 1Ch. 2Art. 3§ 100300 Local Regulation Dispute Resolution

§ 100300 Local Regulation Dispute Resolution

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 100300 Local Regulation Dispute Resolution

This law lets anyone who disagrees about how a city, county or district should apply department rules ask the department to explain and decide the issue.

Key Takeaways

  • •You can ask the department for a written interpretation when there’s a dispute about its rules.
  • •The department may hold a hearing so all sides can be heard.
  • •The department must send its decision within 60 days, and the decision binds the local agency and the parties unless a court reviews it.

Example

A restaurant owner and the city health inspector can’t agree on whether a new rule about kitchen ventilation applies to the owner’s building.

The owner can send a request to the department for a clear answer. The department may hold a hearing where both the owner and the inspector speak, then sends a decision within 60 days. That decision must be followed by the city and the restaurant unless someone takes the matter to court.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 100300 Local Regulation Dispute Resolution

When a dispute arises as to the interpretation or enforcement of regulations of the department that are being enforced by a city, city and county, county, or district, a request for clarification or interpretation may be submitted to the department. The department shall make a determination of the proper interpretation and required enforcement when so requested by a party to the dispute. In making its determination the department may conduct a hearing where all interested parties may present relative comments or arguments. Determinations of the department made pursuant to this section shall be transmitted to the concerned local agency and the involved party or parties within 60 days after the receipt of the request. The determination of the department shall be binding upon the local agency and the parties subject to the regulations of the department, except when the matter may be subject to judicial review. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)

Last verified: January 11, 2026

Key Terms

disputeinterpretationenforcementdeterminationbinding

Related Statutes

  • § 1280.4 Civil Penalties For Reporting Failures
  • § 1281 Sexual Assault Hospital Standards
  • § 1283 Minor Custody Release Rules
  • § 1289.4 Long-Term Care Theft Program
  • § 131215 Department Dispute Resolution Process

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 100300.
View Official Source