(a) Except as provided in subdivision (b), regulations concerning the following subject matters shall be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3):
(1) Board hearing procedures relating to public testimony and participation, except a procedure that is expressly required by statute.
(2) Board hearing procedures relating to disciplinary and merit matters, and disability discrimination complaints, including claims of discrimination based upon medical condition, mental disability or physical disability and denial of reasonable accommodation, unless the board hearing procedures are mandated by statutes, court decisions, or board precedential decisions. However, rulings within the discretion of an administrative law judge are not subject to this article.
(3) Drug testing.
(4) Grounds for employee discipline.
(b) Notwithstanding subdivision (a), the following provisions of the Administrative Procedure Act shall not apply to regulations concerning the subject matters specified in subdivision (a):
(1) Paragraph (1) of subdivision (a) of, and paragraphs (4) and (5) of subdivision (b) of, Section 11346.2.
(2) Section 11346.3.
(3) Paragraph (3) of subdivision (a) of Section 11346.4.
(4) Subparagraph (B) of paragraph (3) of, and paragraphs (5) and (7) to (12), inclusive, of, subdivision (a) of Section 11346.5.
(5) Paragraphs (2), (4), and (5) of subdivision (a) of Section 11346.9.
(6) Paragraphs (6) and (7) of subdivision (b) of Section 11347.3.
(7) Subdivisions (a), (e), and (f) of Section 11349.
(8) Paragraphs (1), (5), and (6) of subdivision (a) of, and paragraph (3) of subdivision (d) of, Section 11349.1.
(Amended by Stats. 2014, Ch. 223, Sec. 1. (SB 1206) Effective January 1, 2015.)
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