California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18361.5 - Administrative Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Administrative Hearing Brief. Not later than seven days prior to a contested
				administrative hearing that is to be heard by the Commission itself, the
				Enforcement Division shall, and any respondent may, submit to the Commission a
				written brief describing the evidence to be presented at the hearing and
				outlining significant legal arguments expected to be raised. Any brief
				submitted to the Commission by any party pursuant to this section shall also be
				provided to all other parties to the administrative action within one business
				day.
(b) Preliminary Matters and
				Hearing on Merits. If the Enforcement Division determines that a hearing on the
				merits should be conducted before an administrative law judge alone pursuant to
				Government Code section
				11512(a),
				the Enforcement Division shall provide a copy of the accusation as well as a
				memorandum describing the issues involved to each member of the Commission. If,
				at the next regularly scheduled meeting, two or more Commissioners indicate a
				desire to participate in the hearing, the matter will be scheduled for a
				hearing before the Commission when an administrative law judge is available.
				All Commissioners are eligible to participate in the hearing, regardless of
				whether they voted to hear the matter themselves or not.
(c) Hearing by the Commission. If the
				Commission decides to participate in a hearing on the merits, the Chair of the
				Commission may assign to the administrative law judge, prior to the hearing on
				the merits, the duty to hear any or all motions as to procedural matters,
				validity or interpretation of the Political Reform Act, disqualification of any
				member of the Commission, or any other matters not related to the truth of the
				factual allegations in the accusation. The Chair shall provide notice of
				assignment to the administrative law judge and the parties. Except as ordered
				otherwise by the Chair, the parties shall file, and the assigned administrative
				law judge shall hear and issue written decisions on, any such motions or
				matters consistent with
				1 CCR
				§
										1022.
(d) Standard of Proof. When an administrative
				hearing is conducted under Government Code section
				83116,
				findings shall be made on a preponderance of the evidence and it shall require
				the concurrence of at least three members of the Commission to find a violation
				or impose any order.
(e) Factors to
				be Considered by the Commission. In framing a proposed order following a
				finding of a violation pursuant to Government Code section
				83116, the
				Commission and the administrative law judge shall consider all the surrounding
				circumstances including but not limited to:
(1) The extent and gravity of the public harm
				caused by the specific violation;
(2) The level of experience of the violator
				with the requirements of the Political Reform Act;
(3) Penalties previously imposed by the
				Commission in comparable cases;
(4)
				The presence or absence of any intention to conceal, deceive or
				mislead;
(5) Whether the violation
				was deliberate, negligent or inadvertent;
(6) Whether the violator demonstrated good
				faith by consulting the Commission staff or any other government agency in a
				manner not constituting a complete defense under Government Code section
				83114(b);
(7) Whether the violation was isolated or
				part of a pattern and whether the violator has a prior record of violations of
				the Political Reform Act or similar laws; and
(8) Whether the violator, upon learning of a
				reporting violation, voluntarily filed amendments to provide full
				disclosure.