California – No Liability for Good Faith Reliance on Administrative Rulings

SALT Report 2414 – The California State Legislature has proposed an amendment to certain personal liability statutes. Specifically, the Bill provides that “any person who relies upon a written order, ruling, approval, interpretation, or enforcement policy of a state agency or Department shall not be liable or subject to punishment for a violation of a statute or regulation in a judicial or administrative proceeding if the person takes specified actions.” These actions include:

  • Seeking a written order, ruling, approval, interpretation, or enforcement policy from the state agency or Department charged with interpreting that particular area of law
  • Relying upon, and conforming to, the written order, ruling, approval, interpretation, or enforcement policy, and
  • Providing true and correct information to the state agency in seeking the written order, ruling, approval, interpretation, or enforcement policy

Senate Bill 713 is currently scheduled for hearing on May 7, 2013. If passed, these provisions will apply to all actions and proceedings on or after January 1, 2014.

For Further Information

California State Legislature – Senate Bill 713