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TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL

TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL. COURSE CURRICULUM. TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL. COURSE CURRICULUM. TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL. Module Two “LAWS AND REGULATIONS”. Second in a series of 14. Introduction. This module will:

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TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL

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  1. TRAINING FOR THEWEIGHTS AND MEASURES OFFICIAL COURSE CURRICULUM

  2. TRAINING FOR THEWEIGHTS AND MEASURES OFFICIAL COURSE CURRICULUM

  3. TRAINING FOR THEWEIGHTS AND MEASURES OFFICIAL Module Two“LAWS AND REGULATIONS” Second in a series of 14

  4. Introduction This module will: • Familiarize you with the Legislative process in California • Explain how and where regulations affecting weights and measures come from

  5. Module Objectives Learn the difference between a law and a regulation Learn how an idea becomes a proposed law Learn how a proposed law makes its way through the Legislature and is forwarded to the Governor for signature or veto Learn how regulations are proposed and adopted Learn where weights and measures regulations come from

  6. Laws and Regulations The California Constitution separates the powers of State government into three branches • The Legislative Branch California Constitution Article 4 – Legislative The legislative power of this State is vested in the California Legislature which consists of the Senate and Assembly, but the people reserve to themselves the powers of initiative and referendum… Article 5 – Executive The supreme executive power of this State is vested in the Governor. The Governor shall see that the law is faithfully executed…. Article 6 – Judicial The judicial power of this State is vested in the Supreme Court, courts of appeal, superior courts, and municipal courts, all of which are courts of record… • The Executive Branch • The Judicial Branch

  7. Laws and Regulations are Different What is a law? • A body of rules of action • Adopted by the Legislature • Requiring you to do something or prohibiting you from doing something • May have penalties attached

  8. Types of Laws Self-Executing “The principal weighmaster license fee is $75.00 per year.” This type of law is enforceable on its face. “The Department shall establish specifications for engine coolants and recycled engine coolants that promote the public safety in the operation of motor vehicles.” This type of law cannot be enforced until a regulation is adopted. Wholly Enabling Susceptible “There shall be adequate space between parked cars in a public parking lot.” This law could be enforced on a case-by-case basis, but the enforcement would present significant difficulties.

  9. Regulations What is a Regulation? • Guidelines that are adopted by the agencyresponsible for enforcing the law, interpreting the law, implementing the law, and/or clarifying the law • Adopted in accordance with the Administrative Procedures Act (APA) through the Office of Administrative Law (OAL)

  10. Words of Caution to Weights and Measures Officials • Program manuals and Examination Procedures Outline (EPO) are onlyguidelines to assist you with your job • Program manuals and EPO are notthe law • They cannot be referenced as violations when issuing a Notice of Violation, or writing a citation, criminal or civil case • You need to reference the correct Business and Professions Code or the California Code of Regulations section

  11. How Does an Idea Become a Law? • Idea or concept • Sponsor • Author • Legislative Process • Governor • Secretary of State

  12. From Idea to Law

  13. The Rulemaking Process

  14. OAL’s Review Process State agency mustsubmit rulemakingrecord within 1 yearof notice publication

  15. The Rulemaking Process For additional information about the ‘Rulemaking Process’, visit OAL’s website at http://www.oal.ca.gov.

  16. Weights and Measures Regulations • Are found in the California Code of Regulations,Title 4, Division 9 • Many are adopted from another organization’s standards, publications or handbook • ASTM • SAE • NIST • FTC • NHTSA – US DOT B&P Code Sections 12107, 12211, 12609, 13440, 13450, 13460 & 13710Provide the authority for the Secretary of the California Department of Food and Agriculture to adopt other organizations’ standards, publications, or handbooks

  17. Input Sources for Weights and Measures Regulations Western Weights and Measures Association (WWMA) • Ideas for changes come from regional sealers / deputy sealers groups, CACASA, DMS, industry or citizens • Ideas for changes to HB 44, HB 130, and HB 133, once developed, are presented to the WWMA for discussion and consideration National Conference on Weights and Measures (NCWM) • Proposals from regional associations are presented to the Conference for discussion and voting. If passed, the amendment or addition is adopted into HB 44, HB 130, or HB 133

  18. Summary The difference between a law and a regulation How an idea becomes a proposed law How a proposed law becomes an actual law How regulations are proposed and adopted Where weights and measures regulations come from

  19. Conclusion This training module has provided you witha better understanding of how weights and measures Laws and Regulations work andare enacted.

  20. TRAINING FOR THEWEIGHTS AND MEASURES OFFICIAL This Concludes Module 2“LAWS AND REGULATIONS”

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