California Code of Regulations
Title 2 - Administration
Division 6 - Fair Political Practices Commission
Chapter 3 - Fair Political Practices Commission
Section 18361 - Delegation by the Executive Director Pertaining to Enforcement Proceedings and Authority to Hear Probable Cause Proceedings
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) If the Executive Director is unavailable, or cannot be fair or impartial, the Executive Director may delegate in writing the Director's authority under Regulations 18360, 18361.1 through 18361.3, and 18361.5 through 18361.8, to the General Counsel or to an attorney from the Legal Division. The Executive Director may also delegate the Director's authority under Regulations 18361.1 and 18361.7, in writing, to an administrative law judge.
(b) Probable cause proceedings under Regulation 18361.4 shall be heard by the General Counsel or an attorney from the Legal Division. The General Counsel may delegate the authority to hear probable cause proceedings, in writing, to an administrative law judge.
1. New section
filed 9-24-2007; operative 10-24-2007. 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 2007, No. 39). For prior history, see
Register 2004, No. 44.
2. Amendment filed 6-11-2008; operative
6-11-2008. 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) (Register 2008, No. 24).
3. Amendment of section
heading and section filed 12-7-2011; operative 1-6-2012. 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 2011, No.
49).
4. Amendment of subsection (a) filed 5-12-2021; operative
6-11-2021 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 2021, No. 20).
Note: Authority cited: Section 83112, Government Code. Reference: Sections 83115, 83115.5 and 83116, Government Code.
