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Old 03-05-2009, 9:25 PM
hoffmang hoffmang is offline
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Originally Posted by FABIO GETS GOOSED!!! View Post
If you don't already know what statutory exemption I could have been talking about there is no need to say any more on that topic.
Though DOJ usually enjoys a prosecutor's privilege it doesn't when its promulgating rules of generally applicability under a statute that it has been delegated to interpret and enforce.

The APA applies to any ruling DOJ makes now that AB-2728 mooted their one statutory exemption from the APA.

If another statutory exemption existed, then why didn't they claim it on the permanence underground regulation?

Gene Hoffman
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