California Code of Regulations
Title 2 - Administration
Division 6 - Fair Political Practices Commission
Chapter 9.5 - Ethics
Section 18944.2 - Agency Raffles and Exchanges of Presents
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) Applicability. This regulation identifies when a payment made by a state or local government agency of an item awarded to an agency official in a raffle open to all employees of the agency, or the unit of the agency holding the raffle, or received in an exchange of presents among agency employees, will be treated as a gift to the official.
(b) Agency Raffles.
(c) Exchanges of Presents Among Agency Employees. When an employee of an agency receives a present in an exchange of presents, where all participants in the exchange are agency employees, any present received by the official in the exchange is not a gift so long as the present received is provided by another employee of the agency and is not substantially disproportionate in value from the item provided by the official.
(d) This regulation does not apply to a ticket or pass of the type described in Regulation 18944.1, which shall be governed by that regulation, if the ticket or pass is provided from a source other than an agency employee.
1. New section
filed 6-22-94; operative 6-22-94 (Register 94, No. 25).
2. Change
without regulatory effect relocating section filed 11-17-94 pursuant to section
100, title 1, California Code of
Regulations (Register 94, No. 46).
3. Change without regulatory
effect amending NOTE filed 7-27-95 pursuant to section
100, title 1, California Code of
Regulations (Register 95, No. 30).
4. Change without regulatory
effect amending subsection (b) filed 7-18-2000 pursuant to section
100, title 1, California Code of
Regulations (Register 2000, No. 29).
5. Repealer and new section
filed 6-11-2008; operative 7-1-2008. 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).
6.
Renumbering of former section
18944.2 to section
18944 and renumbering of former
section 18944.4 to new section
18944.2, including amendment of
section heading and section, filed 1-23-2012. Pursuant to California Code of
Regulations, title 2, section
18313(e), FPPC has
designated an effective date of 1-1-2012. 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 2012, No.
4).
Note: Authority cited: Section 83112, Government Code. Reference: Section 82028, Government Code.