2020-05-07 Gov Newsom EO-N-63-20 Extension 60-daysEXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-63-20
WHEREAS on March 4, 2020, I proclaimed a State of Em ergency to exist in
California as a result of the threat of COVID-19; and
WHEREAS the COVID-19 pandemic, as well as physical distancing and
other public health mea sures undertaken in response to it, have affected
governmenta l agencies, workers, priva t e businesses, and California residents,
w ith associated impacts on adherence to certain statutory and regulatory
deadlin es, as well as to workers ' e fforts to vindicate their labor and employment
rights; and
WHEREAS the COVID-19 pandemic, as well as physical distancing and
other public health measures undertaken in response to it, have a lso had
widespread impacts on sta t e and local governments' ability to perform certain
functions via in-person interactions, and such functions sho uld be performed via
other means to the extent consis t ent with publi c safety and o th er critical public
inte rests; and
WHEREAS under the p rovisions of Government Code secti on 8571, I find
that str ict complian ce with various statutes and regu lations specifi ed in this order
would prevent, hinder, or delay appropriate actions to prevent and mitigate the
effects of the COVID-19 pandemic.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of th e State of Ca lif ornia,
in accordance with th e authority vested in me by th e State Constitution and
statutes of the State of California, and in particular, Government Code sections
8567, 8571, and 8627, do hereby issue th e following Order to become effective
immediat e ly:
IT IS HEREBY ORDERED THAT:
1) The tim e in wh ich to complete the eva lu ation required under
Education Code section 17311 (b)(3) (concerning Public School Project
In spectors ) is ext ended to September l, 2020, as to any inspector who
has previously passed an initi a l evaluation under that subdivision and
whose reevaluation would otherwise be due on or before May 6, 2020.
2) Notwithstanding the three-year period set forth in Gove rnm e nt Cod e
section 4459.8(a), any certification und e r Gove rnm e nt Cod e sectio n
4459.5 (concernin g C e rtifi ed A ccess Sp ecia li sts) that would otherwise
have expired between March 19, 2020 and May 31, 2020 is ext e nd e d
for 60 days from the date of thi s Ord e r. Such c e rtifi c ations may b e
subject to further renewa l as otherwise provid e d by law.
3) The timeframes set forth in Health and Sa fety Code sections 13144.2 ,
and 13144.3, are suspended for 60 days. As a result, the deadline for
submitting applications under Health and Safety Code section 131 44.2
is extended to June 30, 2020, and current li st ings under Health and
Safety Code section 13144.3 are extended to August 29, 2020. No
penalty sha ll be imposed for failure to pay a renewal fee under Health
and Safety Code section 13144.2 , if that fee is received by June 30,
2020 .
4) The timeframes set forth in Health and Safety Code sections 13127 and
13128 are suspended for 60 days. As a result, the deadline for renewing
registrations under Health and Safety Code section 13127 is extended
to June 30, 2020, and current registration s under Health and Safety
Code section 13128 are extended to August 29, 2020. No penalty shal l
be imposed for failure to pay a registration fee under Health and
Safety Code section 13127 , subdivision ( c) ( 1 ) , if that fee is received by
June 30, 2020.
5) The timeframes set forth in California Code of Regulations , Title 19,
sections 938, 939, and 944 are su spended for 60 days. As a result , both
current certifications and the deadlines for renewing those
certifications under California Code of Regulations, Title 19 , sections
938 and 939 are extended to August 29, 2020. In addition, the deadline
for filing a notice of renew al under California Code of Regulations, Title
19, sections 944 is extended to June 30, 2020, and no late fee sha ll be
charged if a notice of renewal is received by that date.
6) The term of office specified in Government Code section 8204 is
extended for a period of 60 days for any notary public w hose
commission has expired since March l, 2020 or w hose commission is set
to expire over the next 60 days, on the conditions that :
a) The notary public sha ll annotate on each notarial act
completed during the extension the following : "The notary
commission extended pursuant t o Executive Order N-63-20.";
and
b) The notary public shall maintain a va lid surety bond pursuant to
Government Code section 8212 during the extension.
7) The requirement in Civil Code section l 185(b) (3) (A) that an
identification card or driver's li cense issued by the California
Department of Motor Vehicles is current or has been issued w ithin the
last 5 years in order to serve as satisfactory evidence of identity for an
officer or notary public to acknowledge an in strument is, for a period
of 60 days, suspended with respect to any identification card or
driver's li cense issued by the California Department of Motor Vehicles
showing an expiration date of March 1, 2020 or later.
8) The deadlines specified in the following statutes and regulations shall
be extended for a period of 60 days:
a) Labor Code sections 142 .2 and 147 , related to reports by the
Division of Occupational Safety and Health (Cal/OSHA) and the
Occupational Safety & Health Standards Board (OSHSB) on
proposed standards or variances;
b) Labor Code section 99 , related to the Labor Commissioner 's
filing of claims and liens of employees, and Civil Code section
8414 to the extent it governs the deadlines for filing and
recording such claims and liens;
c) Labor Code sections 46 1 6 ( b) ( 1 ) and California Code of
Regulations, Title 8, sections 9767.2(a) and (b) and 9767 .8(d),
related to the period in which the administrative director must
act upon Medical Provider Network applications or requests for
modifications or reapprovals;
d) California Code of Regulations, Title 8, section 17304, related to
the period in which the Return -T o -Work Supplement Program
must receive an appli cation for a Return -to-Work Supplement;
e) California Code of Regulations, title 8, section 17309, related to
filing a Return-to Work Supplement appeal and any reply or
responsive papers ;
f) Labor Code section 123.5 and California Code of Regulations,
Title 8, sections 9713 , 9714, and 9714.5, related to the period in
which Workers' Compensation Administrative Law Judges must
file decisions;
g) Labor Code 5313, related to the period in which the Workers'
Compensation Appeals Board must act on any decision
submitted by a Workers' Compensation Administrative Law
Judge;
h) Government Code section 3505.4(a) and Cali forn ia Code of
Regulations, Title 8, section 32802(a)(l), related to the period in
which a party must request that the parties' differences be
submitted to a factfinding panel under Meyers-Milias-Brow n Act
post-impasse resolution procedures;
i) Government Code section 3548.1, related to the period in which
a party must request that the parties' differences be submitted
to a factfinding panel under Educational Employment Relations
Act post-impasse resolution procedures; and
j) Government Code section.3591, related to the period in which a
party must request that the parties' differences be submitted to
a factfinding panel under Educational Employment Relations
Act post-impasse resolution procedures.
9) The deadlines specified in or that apply to the following statutes and
regulations shall be extended for a period of 60 days to the limited
extent that the time to issue a citation or file a complaint, claim , or
appeal would otherwise elapse in the 60-day period following this
Order:
a) All Labor Code sections and related regulations setting the time
for the Labor Commissioner to issue any citation under the Labor
Code, including a civil wage and penalty assessment pursuant
to Labor Code section 17 41 ;
b) All Labor Code sections and related regulations setting
deadlines for any employer or other person to appeal or petition
for review of any citation issued by the Labor Commissioner;
c) Labor Code sections 98 , 98.7, 1700.44, and 2673.1 , related to
workers' rights to file complaints and initiate proceedings with
the Labor Commissioner;
d) Labor Code section 6317, related to the issuance of Cal/OSHA
citations; and
e) Labor Code sections 6319, 6600, 6600.5, 6601, and 6601.5,
related to the appeal of citations, notices, or orders of
Cal/OSHA .
1 O)Any statute or regulation that requires a public employer to post notice
on "employee bulletin boards" is suspended , provided that the public
employer provides such notice to its employees through electronic
means, such as through electronic mail to its employees, posting on an
employer-operated website frequented by its employees, or any other
electronic means customarily used by the public employer to
communicate with its employees.
11 )Any statute or regulation that permits a party or witness to participate
in a hearing in person, a member of the public to be physically present
at the place where a presiding officer conducts a hearing , or a party
to object to a presiding officer conducting all or part of a hearing b y
telephone, television, or other electronic means, is suspended,
provided that all of the following requirements are satisfied :
a) Each participant in the hearing has an opportunity to participate
in and to hear the entire proceeding while it is taking place and
to observe exhibits ;
b) A member of the public who is otherwise entitled to observe the
hearing may observe the hearing using electronic means; and
c) The presiding officer satisfies all requirements of the Americans
with Disabilities Act and Unruh Civil Rights Act.
12)The timeframe in California Code of Regulations , Title 11 , section
1950(c)( 1 )(C), is extended from 180 days to one year for the purpose of
authorizing the Executive Director of the Commission on Peace Officer
Standards and Training (POST) to issue discretionary exemptions to
individual law enforcement agencies seeking to temporarily reemploy
peace officers who retired or separated in good standing from the
requesting agency. The term of any such temporary peace officer
reemployment shall expire no later than one year from the date of this
Order, unless further extended by Executi ve Order.
13) On a case-by-case basis, POST' s Executive Director is authorized to
grant individual technical and schedu ling waivers or exceptions to
address disruptions caused by the COVID-19 pandemic. Th e Executive
Director shall notify the POST Commission of any such waiver or
exception and shall rescind the waiver or exception once it is no
longer necessary.
l 4)To protect the health, safety, and welfare of students and instructors in
Basic Academy training courses, POST t emporarily may allow lecture-
based Basic Academy in structi on to be delivered on line in a format
POST deems appropriate. For any in stru ction conducted online, POST
shall require that students be closely monitored by instructors to ensure
students gain a thorough understanding of the materials. POST sha ll
continue to require in-person instruction for testing and practical skills
training . Any prohibitions set forth in POST policies, procedures, or the
California Code of Regulations (including but not limited to California
Code of Regulations, Title 11, section 1052) that limit the abilit y to
conduct online Basic Academy training for lecture-based courses are
temporarily waived.
15) Law enforcement agencies are encouraged to adopt telephonic,
remote , or other procedures for registration and reporting under the
Sex Offender Registration Act that are consistent with St ate and local
public health guidance regarding physical distancing, and to post or
publicize such procedures through means calculated to reach any
person subject to the Act.
a) To the extent that a law enforcement agency institutes
telephonic, remote, or other procedures to enable physical
distancing, all provisions of the Sex Offender Registration Act
(Penal Code section s 290 to 290 .024, inclusive) and
implementing procedures that require persons subject to the Act
to appear in person, and all provisions of the Act and
implementing procedures that require such persons to provide a
signature, fingerprints , and photograph, are suspended for 60
days.
b) To ensure that lack of technology does not prevent any
individual from complying w ith registration and reporting
requirements, law enforcement agencies are encouraged to
provide alternative means of registration and reporting,
including permitting the physical presence of registrants
consistent with State and local public health guidance
regarding physical distancing.
The requirement t o register and all other registration and reporting
requirements of the Sex Offender Registration Act remain in place.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in eq uity, against the State of
California, its agencies, departments, entities, officers, employees, or any o ther
person .
IN WITNESS WHEREOF I have hereunto
set my hand and caused the Great
Seal of the State of alifornia to be
A LE X PA DILL A
Secretary of State
f May 2020.