According to the act, an agency can adopt a new regulation only if it is within their scope of authority and consistent with state law.
The director appoints a staff of full-time attorneys, and any other technical or clerical positions that need to be filled.
[9] The California Administrative Procedure Act has been criticized for being wrapped in unneeded bureaucracy.
A California Performance Review report describes how the act contains numerous layers of housekeeping details that increase cost and delay without adding value to the resulting regulations.
The OAL interprets this to mean describing the necessity of each individual provision in the Initial Statement of Reasons for the regulation.
[10] With few exceptions, the California State Personnel Board is exempt from the Administrative Procedure Act.