Council approves employment regulation text on criminal history for OAL submission

The Fair Employment and Housing Council approved unmodified text for proposed employment regulations related to criminal history and authorized department staff to submit the package to the Office of Administrative Law.

Council member Wilensky said the item concluded a third 15‑day comment period and that the subcommittee had proposed no additional changes to the text. Wilensky and other council members thanked stakeholders and staff, specifically noting Rachel Langston’s assistance to the subcommittee.

An emailed public comment from Jean Buchanan asked whether the proposed addition (listed in the comment as “A5 to CCR Title 2 Division 4.1 Chapter 5 Subchapter 2 Article 2 Section 1107.1”) would affect employment of people with felony convictions in K‑12 school settings under Education Code 45122.1. Buchanan’s question was read into the record: “Can I confirm this revision does not affect employment of felons in the K‑12 school context per Education Code 45122.1?” The council did not provide an on‑the‑record legal determination during the meeting; the question was recorded as a public comment for staff consideration.

The council moved to approve the unmodified text, authorize department staff to submit it to the Office of Administrative Law, and permit non‑substantial edits if required by that office. On the roll call, Council member Hong, Council member Allude, Chair Sandoval and Council member Walensky voted aye; the motion passed.

The action advances the administrative rulemaking process; any substantive legal interpretation (for example, how the rule intersects with Education Code 45122.1) would be resolved through staff review, formal comment responses, or legal analysis outside the meeting record.