2. Procedural Background

The Order Instituting Rulemaking (OIR) was issued January 8, 2004. In accordance with the schedule set in the OIR, comments were filed February 27, 2004 and reply comments were filed March 15, 2004. Pursuant to the Administrative Law Judge's (ALJ) Ruling Setting Workshop (May 6, 2004), a workshop for discussion of the proposed revisions was held at the Commission's office in San Francisco on May 25, 2004. At the workshop, it became clear that the Commission would benefit from further comment on the issues related to proposed Rule 2.3.1(e), covering failure of e-mail service. Additional comments pursuant to the ALJ Ruling Requesting Additional Comments (June 9, 2004) were filed June 25, 2004. Comments on the draft decision were filed on December 8, 2004.² As we stated in the OIR, it was not necessary to hold a public hearing. Revisions to the initial proposed rules appended to the OIR are attached as Appendix B. The amended rules we adopt are attached as Appendix C. The draft decision serves as the notice of proposed changes and the final decision serves as the final statement of reasons required by the Administrative Procedure Act, Govt. Code section 11340 et seq.