Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The prohibitions of Section
87406 apply to the following:
(1) A member of the Legislature.
(2) An elected state officer.
(3) A member of a state board or commission
with "decisionmaking authority," as that term is defined in Regulation
18700(c)(2).
(4) An employee of a
state administrative agency who holds a position that is designated or should
be designated in the agency's conflict-of-interest code.
(5) An individual who holds a position
enumerated in Section
87200 appointed to or employed by a
state administrative agency.
(b) A public official covered by subdivision
(a) of this regulation is prohibited from making any appearance or
communication if all of the following apply:
(1) The official has permanently left, as
defined in Regulation 18746.4(b), any particular office or employment specified
in subdivision (a) of this regulation.
(2) The appearance or communication is made
within one year after leaving that office or employment. For a member of the
Legislature who resigns from office, however, the prohibition period commences
with the effective date of the resignation and concludes one year after the
adjournment sine die of the session in which the resignation occurred, meaning
it concludes one year after the final termination of the legislative
session.
(3) The public official is
compensated, or promised compensation, for the appearance or communication. For
purposes of Section
87406, a payment made for necessary
travel, meals, and accommodations received directly in connection with
voluntary services is not considered compensation.
(4) The appearance or communication is made
on behalf of any person as an agent, attorney, or representative of that
person. An appearance or communication made by a public official relating
solely to represent the official's personal interests under Regulation
18704(d)(2) is not prohibited or limited by this section.
(5) The appearance or communication is made
by any of the following for the purpose of influencing, as defined in
Regulation 18746.2:
(A) A former member of the
Legislature in a legislative action.
(B) A former elected state official, other
than a former member of the Legislature, in an administrative action, or any
discretionary action involving the issuance, amendment, awarding, or revocation
of a permit, license, grant or contract, or the sale or purchase of goods or
property.
(C) A former official as
specified in subdivision (a)(3) through (5) in a legislative or administrative
action, or any discretionary action involving the issuance, amendment,
awarding, or revocation of a permit, license, grant or contract, or the sale or
purchase of goods or property.
(6) The appearance or communication is any of
the following:
(A) Made by a former member of
the Legislature before the Legislature, any committee or subcommittee thereof,
any present member of the Legislature, or any officer or employee
thereof.
(B) Made by a former
elected state official, other than a former member of the Legislature, before
any state or administrative agency, or any officer or employee
thereof.
(C) Made by any former
official as specified in subdivision (a)(3) through (a)(5) before any of the
following:
(i) The state administrative
agency, or officer or employee thereof, that the public official worked for or
represented as specified in subdivision (a)(3) through (5). An employee loaned
to an agency is deemed to have worked for or represented that agency.
(ii) Any state administrative agency, or
officer or employee thereof, whose budget, personnel, and other operations are
subject to the direction and control of any agency described in subdivision
(b)(6)(C)(i). However, whether an agency is provided technical assistance or
legal advice, or is subject to oversight, by another agency pursuant to state
law, are not factors to be considered in determining whether an agency is
subject to the direction and control of another.
(iii) Any state administrative agency, or
officer or employee thereof, subject to the direction and control of the
Governor, if the official was a designated employee of the Governor's
office.
(c) Services performed to administer,
implement, or fulfill the requirements of an existing permit, license, grant,
contract, or sale agreement are excluded from the prohibitions of Section
87406 and this regulation, provided
the services do not involve the issuance, amendment, awarding, or revocation of
any of these actions or proceedings. However, the prohibitions of Government
Code Sections
87401 and
87402 may
apply.
1. New
section filed 2-18-99; operative 2-18-99 pursuant to Government Code section
11343.4(d)
(Register 99, No. 8).
2. Amendment of section heading and section
filed 6-15-2009; operative 7-15-2009. 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 2009, No. 25).
3.
Amendment of subsections (a)(3), (b)(2), (b)(4), (b)(5)(C), (b)(6)(C) and
(b)(6)(C)(i) filed 3-20-2018; operative 4-19-2018 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 2018, No. 12).
4. Amendment of subsection (b)(4) 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: Section
87406,
Government Code.
