California Code of Regulations
Title 14 - Natural Resources
Division 5 - San Francisco Bay Conservation and Development Commission
Chapter 2 - The Commission, the Staff, and the Advisory Review Boards
Article 8 - Ex Parte Communications
Section 10281 - Definition of an Ex Parte Communication
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) An ex parte communication is any oral or written communication, direct or indirect, regarding a pending adjudicatory proceeding between a member of the Commission and either any party to the pending Commission adjudicatory proceeding or a member of the public that does not occur in a Commission public hearing, Commission workshop, or other official Commission proceeding or on the official Commission record for the proceeding. Except as provided in subsection (b), this includes any communication to a member of the Commission from any party to a pending adjudicatory proceeding or from a member of the public concerning such a proceeding whether or not the Commissioner receiving the communication responds thereto.
(b) The Commission is required by law to provide an opportunity for members of the public to address the Commission on each agenda item noticed for consideration at a Commission meeting, including pending adjudicatory proceedings, before or during the Commission's consideration of the item. In light of the public's right to address the Commission, an ex parte communication does not include a letter, email message, or other written communication to the Commission or a member of the Commission commenting on a pending adjudicatory proceeding if the communication is included in the official Commission record for the proceeding and provided that the Commissioner receiving the communication does not respond thereto.
(c) If the Executive Director is copied on a letter, email, or other written communication to the Commission or a member of the Commission or if the Executive Director has received such a communication as a public comment submission to the Commission, the Executive Director shall include the communication in the official Commission record for the proceeding and distribute it to the Commission prior to the Commission's consideration of the matter that is the subject of the communication, and no Commissioner shall have an obligation to disclose the communication. If such a communication is addressed to one or more members of the Commission individually and is not copied to or received by the Executive Director, any Commissioner receiving such a communication shall forward it to the Executive Director, who shall include the communication in the official Commission record for the proceeding and shall distribute it to the Commission prior to the Commission's consideration of the matter that is the subject of the communication, and no Commissioner shall have an obligation to disclose the communication.
1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
2. Amendment of section and NOTE filed 8-2-2022; operative 10-1-2022 pursuant to Government Code section 11343.4(a) (Register 2022, No. 31). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
Note: Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11125.7, 11405.20, 11405.30, 11405.40, 11405.50, 11405.60, 11405.70, 11405.80, 11410.10, 11410.20, 11430.10, 66632, 66638 and 66641.6, Government Code; and Sections 29520, 29524, 29601, 29610 and 29611, Public Resources Code.
