Naturist Action Committee v. Department of Parks & Recreation

Opinion

RYLAARSDAM, Acting P. J.

This appeal raises the question of whether an internal policy memorandum issued by defendant Department of Parks and Recreation (department) rises to the level of a regulation and thus cannot be revoked without satisfying the procedural requirements of the Administrative Procedure Act (APA; Gov. Code, § 11340 et seq.; all further statutory references are to this code unless otherwise stated). We conclude the memorandum is a regulation that has not satisfied the requirements of the APA and thus is not enforceable. The appeal of department and defendant Ruth…