Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A "proceeding involving a license, permit
or other entitlement for use" means any proceeding to grant, deny, revoke,
restrict, or modify a license, permit or other entitlement for use, that does
not solely involve purely ministerial decisions and is:
(1) Applied for by the party;
(2) Formally or informally requested by the
party; or
(3) A contract between
the agency and the party or a franchise granted by the agency to the party,
other than a contract that is competitively bid, a labor contract, or a
personal employment contract. For purposes of this provision:
(A) "Competitively bid contract" means a
contract required by law to be awarded to the lowest responsible bidder with a
responsive bid, or, if the successful bidder refuses or fails to execute the
contract, to the next lowest bidder with a responsive bid. "Responsible bidder"
means a bidder who has demonstrated the attribute of trustworthiness, as well
as quality, fitness, capacity, and experience to satisfactorily perform the
contract. "Responsive bid" means a bid that indicates compliance without
material deviation from the requirements of the solicitation and the terms and
conditions of the proposed contract.
(B) A "labor contract" is a contract or
agreement reached through collective bargaining or with a representative group
regarding the salary, benefits, or terms and conditions under an employment or
retirement policy for employees or retirees, including a project labor
agreement entered under Public Contract Code Section
2500.
(C) A "personal employment contract" is a
contract for employment, including the terms and conditions of employment,
between the agency and an agency employee.
(D) Except as provided in subdivision
(a)(3)(A), a contract between the agency and an independent contractor is
neither a labor agreement nor personal employment contract.
(b) "Pending." A
proceeding involving a license, permit, or other entitlement for use has
commenced and is considered pending only under the following circumstances:
(1) For an officer, a proceeding involving a
license, permit, or other entitlement for use is pending when:
(A) The decision is before the officer for
the officer's consideration. If the officer is a member of a governing body,
this includes any item placed on the agenda for discussion or decision at a
public meeting of the body; or
(B)
The officer knows or has reason to know a proceeding involving a license,
permit or other entitlement for use is before the jurisdiction of the agency
for its decision or other action, and it is reasonably foreseeable the decision
will come before the officer in the officer's decisionmaking
capacity.
(2) For a party
or party's agent, or a participant or participant's agent, a proceeding
involving a license, permit or other entitlement for use is pending when it is
before the jurisdiction of the agency for its decision or other
action.
1. New section
filed 1-26-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Amendment filed 11-10-83; effective thirtieth day thereafter
(Register 83, No. 46).
3. Amendment filed 2-22-85; effective
thirtieth day thereafter (Register 85, N. 8).
4. Amendment filed
7-13-2023; operative 8-12-2023 pursuant to Cal. Code Regs., tit. 2, section
18312(e).
Submitted to OAL for filing and printing 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 2023, No. 28).
Note: Authority cited: Section
83112,
Government Code. Reference: Section
84308,
Government Code.
