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 10286 - Notification of Parties and Interested Persons
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) As soon as is practicable, and prior to the Commission's consideration of the matter that is the subject of an ex parte communication, all parties to a proceeding and all persons interested in the proceeding shall be notified that a Commissioner has received an impermissible ex parte communication. If the disclosure occurs prior to the Commission meeting at which the Commission considers the matter that is the subject of the ex parte communication, the Executive Director shall provide notice by mail or email and by posting notice of the disclosure on the Commission's website with the materials for that Commission meeting. If the disclosure occurs at the Commission meeting at which the Commission considers the matter that is the subject of the ex parte communication, the disclosure shall occur in writing as provided in subsections 10283(c) or (d), as applicable, and notice of the disclosure shall be provided orally on the record by the Commissioner making the disclosure prior to the Commission's consideration of the matter that is the subject of the communication.
(b) If the communication was received orally, the Executive Director or the Commissioner providing notice of the disclosure shall include a copy of the memorandum and any response to the communication as required by Sections 10283(d) and (e) with the written notification.
(c) If the communication was received in writing, the Executive Director or the Commissioner providing notice of the disclosure shall include a copy of the written communication and any response to the communication as required by Section 10283(c) with the written notification.
(d) In either case, the notice shall also state that any party or person may request an opportunity to address the Commission concerning the communication either at the Commission meeting at which the Commission considers the matter that is the subject of the communication or within 10 days of receiving the notice of the communication as required by this section or shall waive the opportunity to address the Commission concerning 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 11430.50, 66632, 66638 and 66641.6, Government Code; and Sections 29520, 29524, 29601, 29610 and 29611, Public Resources Code.
