Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) Service of Process. Within 14 days of
receipt of a proposed decision by an administrative law judge following a
hearing held pursuant to Government Code section
83116, the
Executive Director shall serve a copy of the proposed decision on all parties
that shall include notification of the date, time and place the matter will be
considered by the Commission.
(b)
Briefing Procedure of Proposed Decision by an Administrative Law Judge.
(1) Opening Brief. No later than 14 days
after the date of service of the proposed decision, the Enforcement Division
shall file an opening brief. The Enforcement Division shall file the original
opening brief, with proof of service attached, with the Executive Director of
the Commission. The Enforcement Division shall serve a copy of the brief, with
proof of service, on the respondent. The opening brief may only address the
following:
(A) Whether the facts stated in
the proposed decision are consistent with the evidence presented;
(B) Whether the proposed decision contains an
accurate statement and/or application of the law;
(C) Which of the dispositions provided for in
Government Code section
11517 is
recommended by the Enforcement Division and why; and
(2) Response Brief. No later than 14 days
after the date of service of the Enforcement Division's opening brief, the
respondent may file a response brief. The respondent shall file the original
response brief, with proof of service attached, and six copies with the
Executive Director of the Commission. The respondent shall serve a copy of the
response brief, with proof of service, on the Enforcement Division.
(3) Reply Brief. No later than 14 days after
the date of service of the respondent's brief, the Enforcement Division may
file a reply brief. The Enforcement Division shall file the original reply
brief, with proof of service attached, and six copies with the Executive
Director of the Commission. The Enforcement Division shall serve a copy of that
reply brief, with proof of service, on the respondent.
(4) Extensions. The Executive Director may,
for good cause, extend the time requirements set forth in this
subdivision.
(5) Service on
Commissioners. No later than 14 days after the Enforcement Division's deadline
to file a reply brief, the Executive Director shall submit a copy of each brief
to each Commissioner.
(6) Oral
Argument. Any party may request oral argument before the Commission on a
proposed decision by an Administrative Law Judge. The request for oral argument
must be made no later than 14 days of service of the Enforcement Division's
opening brief. Oral argument shall be limited to evidence in the underlying
administrative record.
(7)
Consideration by the Commission. After any oral argument heard in open session,
the Commission will consider a proposed decision in an executive session and
may take any action on the proposed decision authorized by Government Code
section
11517,
subdivision (c). The Commission will not take public comment as provided by
Government Code section
11125.7,
subdivision (e), regarding the proposed decision by the Administrative Law
Judge. Pursuant to Government Code section
11425.50,
subdivision (c), the Commission shall only consider evidence in the underlying
administrative record when taking any action authorized by Government Code
section
11517,
subdivision (c).
(c)
Petitions for Reconsideration.
(1) Any party
to the proceeding may petition the Commission for reconsideration within 15
days of service of the Commission decision by filing the petition with the
Executive Director. A petition shall be deemed filed with the Commission on the
date indicated on the proof of service; or, if there is no proof of service,
the postmark date or date of hand delivery to the Commission's
office.
(2) The petition shall set
forth in full detail the issues to be considered by the Commission and contain
specific references to the record and applicable principles of law. The
petition shall be based upon one or both of the following grounds:
(A) The petitioner has discovered new
material evidence that the petitioner could not, with reasonable diligence,
have discovered and produced at the administrative hearing;
(B) The decision contains prejudicial errors
of law or fact.
(3) An
opposing party may file an answer within 10 days of service of a petition for
reconsideration. The answer shall be served on all parties of record.
(4) A petition for reconsideration is deemed
denied unless it is granted or denied in writing no later than 30 days after
service of the Commission's decision. The Executive Director may extend the
time for considering a petition for up to 10 days.
(5) The Executive Director may grant or deny
a petition for reconsideration or extend the time in which to consider the
petition.
(6) If the petition is
granted, the case shall be assigned to the full Commission or to an
administrative law judge, either of whom may order the taking of additional
evidence, or may affirm, rescind, alter or amend the decision on the basis of
the record previously submitted. The decision after reconsideration shall be in
writing and shall specify the reasons for the decision. If assigned to an
administrative law judge, the decision is a proposed decision subject to the
procedure set forth in Government Code section
11517.
1. Renumbering
and amendment of former section
18361.5 to new section
18361.9 filed 10-26-2004; operative
11-25-2004 (Register 2004, No. 44).
2. Amendment of section heading
and section filed 11-16-2020; operative 1-1-2021 pursuant to Cal. Code Regs.,
tit. 2, section
18312(e).
Submitted to OAL for filing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal,
Third Appellate District, nonpublished decision, April 27, 1992 (FPPC
regulations only subject to 1974 Administrative Procedure Act rulemaking
requirements and not subject to procedural or substantive review by OAL)
(Register 2020, No. 47).
Note: Authority cited: Section
83112,
Government Code. Reference: Sections
83108 and
83116,
Government Code.
