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 10283 - General Policy and Disclosure of Ex Parte Communications
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Except as provided in Section 10284, ex parte communications are prohibited in adjudicatory actions. However, if an impermissible ex parte communication occurs, any Commission member who has an ex parte communication concerning any adjudicatory matter pending before the Commission shall disclose the content of the communication on the record.
(b) The disclosure shall occur in writing as provided in subsections (c) or (d), as applicable, prior to the Commission meeting at which the Commission considers the matter that is the subject of the ex parte communication or during that meeting prior to the Commission's consideration of the agenda item that is the subject of the communication.
(c) Compliance with this disclosure requirement regarding the receipt of an ex parte communication in written form shall be accomplished by submitting a copy of the written communication and any response to the communication to the Executive Director as soon as practicable after the communication for inclusion into the record of the matter that is the subject of the ex parte communication.
(d) Compliance with this disclosure requirement regarding the receipt of an ex parte communication orally shall be accomplished by submitting a memorandum to the Executive Director as soon as practicable after the communication for inclusion into the record of the matter that is the subject of the ex parte communication.
(e) The memorandum required by paragraph (d) shall include the substance of the communication, any response by the recipient Commission member, and the identity of each person from whom the recipient Commission member received the communication.
(f) This policy shall not apply to quasi-legislative matters such as the adoption of or the amendment to a Commission plan, the adoption of or the amendment of a Commission regulation, and Commission comments on proposed or pending legislation.
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 11430.10, 11430.40, 66632, 66638 and 66641.6, Government Code; and Sections 29520, 29524, 29601, 29610 and 29611, Public Resources Code.
