reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18315 - Complaint Against a Commissioner

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Chief of Enforcement shall refer any
				complaint alleging a current member of the Commission violated the Political
				Reform Act to the Office of the Attorney General within two business days of
				receiving the complaint.
(b) The
				referral shall be in writing and include a copy of the complaint and any
				materials submitted with the complaint.
(c) The Chief of Enforcement shall inform the
				Chair of any complaint alleging another member of the Commission violated the
				Political Reform Act. The Chief of Enforcement shall inform the Vice Chair of
				any complaint alleging the Chair violated the Political Reform Act.
(d) Upon referring the complaint to the
				Office of the Attorney General, the Chief of Enforcement shall provide a copy
				of the referral, including any materials submitted with the referral, to the
				member of the Commission who is the subject of the complaint and to the person
				who filed the complaint.
1. New section
				  filed 8-22-2022; operative 9-21-2022 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 2022, No. 34). For prior history, see Register 2007, No.
				  35.
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 83115,
					 91001,
					 91004,
					 91005 and
					 91005.5,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18316.5 - Application of Government Code Section 83116.5

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Commission will not apply Government
				Code Section
				83116.5 to
				find a violation of this title [FN1] by a person who provides incorrect advice
				interpreting any provision of this title which causes the advisee to violate
				this title under any of the following circumstances:
(1) Government Employees or Contractors. If
				the person is an employee of or under contract to a state or local government
				agency and is giving advice interpreting the provisions of this title as part
				of the person's government contract or employment.
(2) Private Sector Filers. If the person is
				not exempted by subdivision (1), and the person has filing or reporting
				obligations under this title, if either of the following applies:
(A) There is no direct relationship between
				the advice given and the duties or activities of the position for which the
				person has filing or reporting obligations; or the client being advised is not
				the client for whom the filing occurs; or
(B) If the person's conduct in giving the
				advice was not grossly negligent. "Grossly negligent" means that the person
				giving an incorrect interpretation failed both to diligently research the
				subject related to the advice given and to use informed judgment in providing
				the advice, and the advice was clearly erroneous.
A person will be deemed to have "diligently researched" the
				  subject related to the advice given if the person reviewed the applicable
				  provisions of this title and the regulations, opinions, and manuals of the
				  Commission, including the compilation of such documents contained on the agency
				  website at
www.fppc.ca.gov
, as well as any
				  applicable reported appellate court decisions and the California Code of
				  Regulations.
(3)
				Attorneys in Private Capacity. If the person is not a government employee or
				contractor, as defined in subdivision (a)(1), or a private sector filer, as
				defined in subdivision (a)(2), and the person is an active member of the State
				Bar of California whose only service in connection with the violation was
				providing legal advice and who was not also engaged in the planning,
				organizing, or directing of an activity from which the violation occurred.
				"Legal advice" means the rendering of oral or written advice including the
				preparation of documents and reports incidental to the rendering of such
				advice, but shall not include the preparation of any report or document
				required to be filed under this title by the person providing the
				advice.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18316.6 - Treasurer Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				A treasurer may be held liable for a violation of the Act for failing to abide
				by the duties specified in Sections
				84100 and
				84104, and Regulation
				18427.
(b) Consistent with the
				provisions of Section
				83116.5, a treasurer may be held
				jointly and severally liable for a violation of the Act where the treasurer
				failed to abide by the duties as specified in Regulation 18427, caused another
				person to violate the Act, or aided and abetted a person to violate the
				Act.
(c) For purposes of
				subdivisions (a) and (b) of this regulation, where a duty is applicable to a
				candidate, the Commission may determine that the treasurer is not liable for
				the violation if the candidate does not have a controlled committee, and the
				treasurer did not cause or aid and abet the candidate to violate the
				Act.
(d) Notwithstanding
				subdivisions (a) and (b) of this regulation, where a treasurer of a committee
				performs any duty specified in Regulation 18427 on behalf of a major donor
				committee, as defined in Section
				82013, subdivision (c), and the
				treasurer causes that committee to violate the Act, the Enforcement Division
				may propose to the Commission that the treasurer be held solely responsible for
				the violation within meaning of Section
				91006. Evidence of negligence or
				intentional conduct by any person who violated the Act will be considered by
				the Enforcement Division in making the recommendation.
1. New 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).
2. Amendment of
				  subsections (a), (b) and (d) 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
					 81004,
					 83116,
					 83116.5,
					 84100 and
					 91006,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18318 - Collections. Executive Director's Authority for the Settlement of an Order for Monetary Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Executive Director has the authority to enter into a settlement agreement on
				behalf of the Commission in full satisfaction of an order for monetary
				penalties where all the following are met:
(1)
				The monetary penalty order is no longer subject to any means of judicial
				review.
(2) Three collection demand
				letters, each sent at a minimum of 30 day intervals, were sent by staff
				notifying the debtor of the debt owed and the further actions that may be taken
				in the Commission's collection process.
(3) Staff made reasonable collection efforts
				by:
(A) Seeking offsets from payments due to
				the debtor from the Franchise State Tax Board or other state departments,
				and
(B) If legally permissible,
				obtaining a court or court clerk's judgment against the debtor pursuant to
				Sections 91013.5 or
				91013.7, and then using an
				appropriate judgment enforcement method pursuant to the Code of Civil
				Procedure, including filing real property or personal property liens, bank
				levies or wage garnishments against the debtor's assets.
(4) The Executive Director has determined the
				settlement is appropriate considering the following factors:
(A) The settlement amount exceeds the amount
				likely to be collected within a reasonable time period.
(B) The debtor's ability to satisfy the full
				debt or a greater amount of the debt within a reasonable time given the
				debtor's assets or income, or debtor's reasonable prospects of acquiring assets
				or income.
(C) The extent to which
				the debt owed includes interest accrued on the original penalty
				amount.
(D) The severity and type
				of violation for which the penalties were assessed.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18319 - Delegation of Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise provided, any authority imposed upon the
				  Executive Director by regulations adopted by the Fair Political Practices
				  Commission may be delegated in writing to any member of the Commission staff or
				  any person contracting with the Commission.
1. New section
				  filed 11-2-78; effective thirtieth day thereafter (Register 78, No.
				  44).
2. Amendment of section heading filed 10-29-81; effective
				  thirtieth day thereafter (Register 81, No. 44).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 83108,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18320 - Requests for Opinions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Opinion requests may be submitted to the Commission by any person whose duties
				under the Act are in question or by that person's representative.
(1) The identity of the person whose duties
				are in question shall be provided with the opinion request. If the opinion
				request is submitted by the representative of several persons similarly
				situated, the identity of at least one such person shall be provided with the
				opinion request.
(2) The immunity
				provided by Government Code section
				83114
				shall extend only to the person or persons identified in the opinion
				request.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18321 - Review of Requests Denied by the Executive Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any member of the Commission or any interested person may
				  request a review of an opinion request denied by the Executive Director at the
				  next meeting of the Commission following issuance of the denial. If a majority
				  of the Commission approves the granting of an opinion request, the denial shall
				  be rescinded, the person submitting the opinion request shall be notified in
				  writing, and the opinion shall be issued as provided in 2 Cal. Code Regs.
				  sections 18322 and
				  18324.
1. New section
				  filed 8-1-75; effective thirtieth day thereafter (Register 75, No.
				  31).
2. Repealer and new section filed 5-10-76 as an emergency;
				  effective upon filing. Certificate of Compliance included (Register 76, No.
				  20).
3. Amendment filed 10-29-81; effective thirtieth day thereafter
				  (Register 81, No. 44).
4. Change without regulatory effect amending
				  section filed 10-6-2003 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2003, No. 41).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 83114,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18322 - Procedures for Issuing Opinions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the Commission has agreed to issue an opinion, the
				  following procedures shall apply:
(a)
				The Commission shall hold a hearing on the opinion request.
(b) The Commission staff shall prepare a
				memorandum which discusses the issues and includes any staff recommendations.
				At least two weeks prior to the hearing on the opinion request, the staff
				memorandum shall be provided to the members of the Commission, the Attorney
				General, the Franchise Tax Board, the Secretary of State, the person requesting
				the opinion, and other interested persons and shall be made available to the
				public.
(c) Any interested person
				may submit memoranda, briefs, arguments or other relevant material regarding
				the opinion no later than 5 days prior to the scheduled hearings on the opinion
				request. An original and five copies of briefs or arguments shall be submitted
				unless the person submitting the material declares he is financially unable to
				supply copies.
(d) The person
				requesting the opinion may present oral testimony at the hearing on the opinion
				request. Any other interested person may, upon request, be permitted to present
				oral testimony.
(e) The Commission
				shall adopt the opinion at a public meeting. Prior to the meeting, a draft of
				the opinion shall be provided to the members of the Commission, the Attorney
				General, the Franchise Tax Board, the Secretary of State, the person requesting
				the opinion, and other interested persons and shall be made available to the
				public.
(f) The time limits in this
				section may be waived or extended by the Commission.
1. New section
				  filed 8-1-75; effective thirtieth day thereafter (Register 75, No.
				  31).
2. Repealer and new section filed 5-10-76 as an emergency;
				  effective upon filing. Certificate of Compliance included (Register 76, No.
				  20).
3. Amendment filed 10-29-81; effective thirtieth day thereafter
				  (Register 81, No. 44).
4. Amendment filed 7-14-83; effective
				  thirtieth day thereafter (Register 83, No. 29).
5. Amendment filed
				  6-29-84; effective thirtieth day thereafter (Register 84, No.
				  26).
6. Amendment filed 1-8-86; effective thirtieth day thereafter
				  (Register 86, No. 2).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 83114,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18323 - Hearing on Draft Opinions (83114). [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 8-1-75; effective thirtieth day thereafter (Register 75, No.
				  31).
2. Repealer and new section filed 5-10-76 as an emergency;
				  effective upon filing. Certificate of Compliance included (Register 76, No.
				  20).
3. Repealer and new section filed 7-28-76; effective thirtieth
				  day thereafter (Register 76, No. 31).
4. Repealer filed 10-29-81;
				  effective thirtieth day thereafter (Register 81, No.
				  44).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 83114,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18324 - Opinions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Opinions
				adopted by the Commission shall be effective upon adoption and shall be
				published along with any dissenting or concurring opinions by Commissioners
				submitted within thirty days after the adoption.
(b) The time for the effective date or for
				the publication of an opinion may be shortened or extended by the Chair,
				subject to appeal by any interested person to the Commission.
1. New section
				  filed 8-1-75; effective thirtieth day thereafter (Register 75, No.
				  31).
2. Repealer and new section filed 5-10-76 as an emergency;
				  effective upon filing. Certificate of Compliance included (Register 76, No.
				  20).
3. Repealer and new section filed 7-28-76; effective thirtieth
				  day thereafter (Register 76, No. 31).
4. Amendment filed 10-29-81;
				  effective thirtieth day thereafter (Register 81, No. 44).
5.
				  Amendment of subsection (b) 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
					 83114(a),
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18325 - Time Periods for Preparing Opinions (83114). [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 8-1-75; effective thirtieth day thereafter (Register 75, No.
				  31).
2. Repealer and new section filed 5-10-76 as an emergency;
				  effective upon filing. Certificate of Compliance included (Register 76, No.
				  20).
3. Repealer filed 10-29-81; effective thirtieth day thereafter
				  (Register 81, No. 44).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 83114,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18326 - Petition for Rehearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Within 14 days after the adoption or rejection of a formal opinion by the
				Commission, the person who submitted the opinion request, a Commissioner or the
				Executive Director may petition the Commission to grant a rehearing. The
				petition, if submitted by the person who submitted the opinion request, shall
				be in writing and shall set forth, with specificity, the reasons for the
				request.
(b) Whenever the
				Commission grants a petition for rehearing, the Commission shall suspend the
				opinion pending the rehearing.
1. New section
				  filed 3-30-76; effective thirtieth day thereafter (Register 76, No.
				  14).
2. Amendment filed 10-29-81; effective thirtieth day thereafter
				  (Register 81, No. 44).
3. Amendment of subsection (a) filed
				  12-18-2006; operative 1-17-2007. 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) (Register 2006, No.
				  51).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 83114(a),
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18327 - Voting Requirements for Formal Action by the Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise provided by regulation, the concurring
				  votes of at least three Commissioners shall be required to authorize any formal
				  action by the Commission.
(a) Formal
				action includes, but is not limited to: the adoption of opinions, regulations
				or resolutions; the granting of petitions for rehearing; the approval of
				manuals or forms; and the issuance of any decision, order or declaration
				pursuant to Government Code Section
				83116.
(b) Formal action does not include decisions:
				to approve conflict of interest codes; to hear testimony; to convene, adjourn
				or recess a meeting; or to conduct discussions.
1. New section
				  filed 4-30-76; effective thirtieth day thereafter (Register 76, No.
				  18).
2. Amendment filed 11-2-78; effective thirtieth day thereafter
				  (Register 78, No. 44).
3. Amendment filed 10-29-81; effective
				  thirtieth day thereafter (Register 81, No. 44).
4. Amendment filed
				  5-18-87; operative 5-18-87 (Register 87, No.
				  21).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 83107-
					 83117,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18329 - Formal Written Advice and Informal Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General. Commission staff provides formal
				written advice and informal assistance to persons subject to the Act to
				facilitate compliance with the requirements of the Act. Advice provided by
				Commission staff does not establish legal precedent and is not binding on any
				party, except to the extent formal written advice provides the requestor with
				immunity within the parameters set forth in Section
				83114(b). However,
				written advice may provide guidance to other parties in similar circumstances
				for purposes of determining the requirements of the Act. Written advice is not
				an Opinion of the Commission under Section
				83114(a), nor a
				declaration of policy by the Commission. It may be subject to further review
				and action by the Commission.
(b)
				Formal Written Advice. Formal written advice is provided pursuant to Section
				83114(b) as
				follows:
(1) Request. Any person whose duties
				under the Act are in question, or that person's authorized representative, may
				request formal written advice. A request for advice must include:
(A) The name, title, position, and contact
				information of the person whose duties are in question and, where applicable, a
				statement of authorization and contact information for the authorized
				representative; and
(B) A statement
				of the material facts. If additional facts are needed, Commission staff will
				contact the requestor. If a requestor fails to respond to a request for
				additional information within 14 days, Commission staff may decline to provide
				formal advice under subdivision (b)(6)(C). The time period for formal written
				advice begins upon receipt of the additional information.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18329.5 - Commission Advice Procedure - Government Code Sections 87300-87306

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Commission
				shall not render formal written advice or informal assistance regarding the
				interpretation of an agency's conflict of interest code or the application of
				that code to a specific individual unless the following criteria are satisfied:
(1) The individual, agency, or authorized
				representative requesting advice must comply with all the requirements of 2
				Cal. Code Regs. section
				18329 regarding requests for formal
				written advice or informal assistance; and
(2) The Commission is the Code Reviewing
				Body.
Where the Commission is the code reviewing body for the
				  conflict of interest code in question, the individual or the individual's
				  authorized representative requesting the advice or assistance must first
				  request a determination from the agency adopting the conflict of interest code;
				  or
(3) The Commission is not
				the Code Reviewing Body.
(A) Where the
				Commission is not the code reviewing body for the conflict of interest code in
				question, and the requesting party is an individual or the individual's
				authorized representative, the requesting party must first request a
				determination from the agency and the code reviewing body for such conflict of
				interest code.
(B) Where the
				Commission is not the code reviewing body for the conflict of interest code in
				question, and the requesting party is an agency, the agency must first request
				a determination from the code reviewing body for such conflict of interest
				code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18350 - Moscone Governmental Conflict of Interest Act. Disclosure of Economic Interests by Fair Political Practices Commission and Staff. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Chapter
				  5 (Section 18350) filed 5-30-75 as an
				  emergency; effective upon filing (Register 75, No. 22).
2.
				  Certificate of Compliance filed 8-14-75 (Register 75, No. 33).
3.
				  Repealer filed 9-28-76; effective thirtieth day thereafter (Register 76, No.
				  40).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 3700-
					 3710,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18360 - Complaints Filed with the Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Enforcement Division of the Commission receives
				  complaints and referrals from a variety of sources and pursues matters
				  proactively.
(a) Requirements for
				filing a complaint or referral.
(1) A
				complaint or referral must:
(A) Be filed with
				the Enforcement Division via the Electronic Complaint System available on the
				Commission's website.
(B) Identify
				the person(s) who allegedly violated the Act (if known) and the specific
				provision(s) of the Act allegedly violated.
(C) Describe with as much particularity as
				possible the facts constituting each alleged violation.
(D) State the facts that support the
				complainant's belief that a person has violated the Act and include any
				documents or other evidence supporting this conclusion.
(E) Include or describe with as much
				particularity as possible evidence or means of obtaining evidence in support of
				the complaint.
(F) Include the name
				and current contact information of any potential witness (if
				known).
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18360.1 - Eligibility Requirements and Considerations for Campaign Violations - Streamline (Tiers One and Two), Warning Letters and the Political Reform Education Program (PREP)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				eligible, filers may voluntarily resolve violations of the Political Reform Act
				(the "Act") by accepting a Warning Letter, completing the Political Reform
				Education Program ("PREP"), paying a Tier One Streamline penalty, paying a Tier
				Two Streamline penalty, or paying a Mainline penalty. The Chief of Enforcement
				will determine the appropriate form and amount of penalty to offer in
				settlement for a violation depending on the circumstances. Mitigating
				circumstances result in consideration of issuance of a Warning Letter or
				participation in PREP instead of a Streamline penalty. Aggravating
				circumstances result in the consideration of either a Tier Two Streamline
				penalty or a Mainline penalty. A Mainline penalty is generally higher, and the
				stipulation includes a full description of the violation and surrounding
				events.
(b) Types of Violations
				Eligible for consideration of a Warning Letter, PREP, or a Streamline penalty.
(1) Late Campaign Statements and
				Reports.
(2) Unreported
				Contributions and Expenditures.
(3)
				Cash Contribution(s) or Expenditure(s) of $100 or More.
(4) Campaign Bank Account.
(5) Committee Naming.
(6) Advertising and Mass Mailing
				Disclosures.
(7) Slate Mailer
				Organization Filing Issues.
(8)
				Recordkeeping.
(9) Major Donor
				Notifications.
(10) Late Campaign
				Statements and Reports (Major Donor Filers).
(11) Contribution Limits.
(12) Section 84308.
(13) Recurring Contributions.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18360.2 - Eligibility Requirements and Considerations for Ethics and Lobbying Violations - Streamline (Tiers One and Two), Warning Letters and the Political Reform Education Program (PREP)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				eligible, filers may voluntarily resolve violations of the Political Reform Act
				(the "Act") by accepting a Warning Letter, completing the Political Reform
				Education Program ("PREP"), paying a Tier One Streamline penalty, paying a Tier
				Two Streamline penalty, or paying a Mainline penalty. The Chief of Enforcement
				will determine the appropriate form and amount of penalty to offer in
				settlement for a violation depending on the circumstances. Mitigating
				circumstances result in consideration of issuance of a Warning Letter or
				participation in PREP instead of a Streamline penalty. Aggravating
				circumstances result in the consideration of either a Tier Two Streamline
				penalty or a Mainline penalty. A Mainline penalty is generally higher, and the
				stipulation includes a full description of the violation and surrounding
				events.
(b) Types of Violations
				Eligible for consideration of a Warning Letter, PREP, or Streamline penalty.
(1) Late Statement of Economic
				Interests.
(2) Unreported Economic
				Interest(s) on a Statement of Economic Interests.
(3) Late Lobbying Reports.
(4) Unreported Lobbying Activity.
(5) Gift Limit.
(6) Proper Recusal for a Conflict of
				Interest.
(7) Late Behested Payment
				Reports.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18360.3 - Penalties in Streamline Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Streamline penalty stipulations are approved by the Chief of
				  Enforcement and are reported to the Commission for discussion only before they
				  are executed. The Chief of Enforcement will include those stipulations in the
				  Commission agenda, as a part of the Executive Staff Report. After the close of
				  the hearing, the Chief of Enforcement may execute all or any of the Streamline
				  penalty stipulations, at their discretion. Penalties in streamline cases are
				  not to exceed the prescribed maximum fine amount per violation found in
				  Government Code Section
				  83116,
				  subdivision (c) and the total Streamline penalty should not exceed the amount
				  that would be paid in a Mainline Settlement.
The base penalties below can vary in $100 increments based on
				  the extent and gravity of the public harm caused by the specific violation, the
				  level of experience of the respondent(s) with the requirements of the Political
				  Reform Act, the level of diligence to come into compliance, and the level of
				  cooperation during investigation and in reaching settlement. The Enforcement
				  Chief has the discretion to include and exclude violations but must
				  specifically report out inclusion or exclusion in the Executive Staff
				  Report.
(a) Late Statement of Economic
				Interests.
(1) Tier One Penalty Amount. The
				penalty for failing to timely file a Statement of Economic Interests is
				$200-$600.
(2) Tier Two Penalty
				Amount. The penalty for failing to timely file a Statement of Economic
				Interests is $800-$1,200.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18361.1 - Administrative Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The staff, under the direction of the Executive Director, shall seek to first
				obtain the information requested in an administrative subpoena on a voluntary
				basis. The staff shall not serve an administrative subpoena less than 21 days
				after written communication to the prospective recipient requesting voluntary
				disclosure of information. The Executive Director, in the exercise of
				discretion, may forego requesting voluntary disclosure of information with
				respect to an investigation in progress. The staff shall periodically report to
				the members of the Commission the reasons for the issuance of any
				administrative subpoena without first seeking to obtain the information
				voluntarily. Failure to report to the Commission concerning the issuance of
				subpoenas shall not affect the validity of any administrative
				subpoena.
(b) When the staff issues
				an administrative subpoena as provided in subdivision (a), the recipient of the
				subpoena must provide all records in their possession responsive to the
				subpoena. Any record(s) withheld based on objection must be accompanied by a
				description of the withheld record(s), which shall include the following
				information:
(i) the date of the
				record;
(ii) the identity of the
				author(s);
(iii) the identity of
				the recipient(s);
(iv) the specific
				ground for which the objection to produce the record is made; and
(v) the current location of the
				record.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18361.2 - Memorandum Respecting Civil Litigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Executive Director concludes civil
				litigation should be initiated, the Executive Director shall submit to the
				Commission a written memorandum, which shall be first reviewed by the General
				Counsel, or an attorney from the Legal Division, summarizing the facts and the
				applicable law of the case and recommending the initiation of a lawsuit. The
				memorandum shall include all exculpatory and mitigating information known to
				the staff.
(b) The Commission shall
				review the memorandum at an executive session. The General Counsel, or an
				attorney from the Legal Division, and the Commission Assistant shall be in
				attendance. No other member of the staff may be present unless the Commission
				meets with a member of the staff for that person to answer questions. The
				Commission may not resume its deliberations until the person is no longer
				present. Any communication between the Commission and the person during the
				executive session shall be recorded. After review of the memorandum, the
				Commission may direct the Executive Director to do any of the following:
(1) Initiate civil litigation.
(2) Decide whether probable cause proceedings
				should be commenced pursuant to 2 Cal. Code of Regulations Section
				18361.4.
(3) Return the matter to the staff for
				further investigation.
(4) Take no
				further action on the matter or take any other action it deems
				appropriate.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18361.3 - Referral of Questions of Law to the Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Executive Director or any Commissioner believes that
				  an enforcement decision should not be made until a question of law involving an
				  interpretation of the Political Reform Act is resolved, the Executive Director
				  or any Commissioner may submit the question to the entire Commission. The
				  Commission shall consider the question in general terms at a regular public
				  session. Prior to resolving the question of law, the Commission or the
				  Executive Director may request the staff or any other interested party to
				  submit a legal analysis of the question of law.
1. New section
				  filed 10-26-2004; operative 11-25-2004 (Register 2004, No.
				  44).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 83115,
					 83115.5
					 and
					 83116,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18361.4 - Probable Cause Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Probable Cause. Under Sections
				83115.5 and
				83116, probable cause exists when
				the evidence sufficiently supports a reasonable belief or strong suspicion that
				the Act has been violated.
(b)
				Probable Cause Report. To commence probable cause proceedings pursuant to
				Sections 83115.5 and
				83116, the Chief of Enforcement
				shall direct Enforcement Division staff to prepare a probable cause report that
				contains a written summary of the law and evidence that supports a finding of
				probable cause that each alleged violation of the Act has occurred, as well as
				a description of any exculpatory evidence indicating a violation alleged in the
				report did not occur. The probable cause report may include hearsay evidence,
				including declarations of investigators or others relating the statements of
				witnesses or concerning the examination of physical evidence.
(c) No probable cause hearing will take place
				until at least 21 calendar days after Enforcement Division staff provides the
				following, by service of process or registered or certified mail with return
				receipt requested, to each respondent:
(1) A
				copy of the probable cause report;
(2) Notification that each respondent has the
				right to respond in writing to the probable cause report and to request a
				probable cause conference at which the respondent may be present in person and
				represented by counsel, notification of all deadlines to file a written
				response, and request a probable cause conference;
(3) If the Commission met in executive
				session on this matter pursuant to Regulation 18361.2, a copy of any staff
				memoranda submitted to the Commission at that time along with the recording of
				any discussion between the Commission and the staff at the executive session as
				required in subdivision (b) of Regulation 18361.2; and
(4) A probable cause checklist form which
				includes information regarding a respondent's options for a probable cause
				conference, written response, and evidence, as well as the respondent(s) best
				contact information, available dates, and preferred method of
				service.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18361.6 - Probable Cause Presentation by Civil or Criminal Prosecutor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director may permit any civil or criminal
				  prosecutor, within the meaning of Government Code sections
				  91001 and
				  91001.5,
				  to present a case for determination of probable cause under the procedures of
				  regulation 18361.4 and to present such a case to the Commission at an
				  administrative hearing if probable cause is found. When the Executive Director
				  authorizes such a presentation, the Executive Director may require that the
				  prosecutor prepare the probable cause report described in subdivision (a) of
				  regulation 18361.4 and present the case at any probable cause conference or
				  administrative hearing that is held.
1. New section
				  filed 10-26-2004; operative 11-25-2004 (Register 2004, No. 44).
2.
				  Amendment 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.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18361.7 - Executive Director Subpoena Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding 2 Cal. Code Regs. Section
				  18319:
The Executive Director has the authority to issue a subpoena
				  on behalf of the Commission pursuant to Sections
				  83118 and
				  11450.05 et seq. The Executive
				  Director may authorize the issuance of a subpoena duces tecum if the Executive
				  Director finds, based on information submitted in writing, that the information
				  requested in the subpoena is material to a specific matter under investigation,
				  and the Executive Director reasonably believes the person or entity has the
				  desired information under its control.
1. New section
				  filed 10-26-2004; operative 11-25-2004 (Register 2004, No. 44).
2.
				  Amendment 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).
3.
				  Amendment filed 6-22-2015; operative 7-22-2015. Submitted to OAL for filing and
				  printing only 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 2015, No.
				  26).
4. Amendment 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.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18361.8 - Inapplicability of Regulations 18361.1 Through 18361.8 to Other Enforcement Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
None of the procedures described in regulations 18361.1
				  through 18361.8 and none of the provisions of Government Code sections
				  83115.5
				  and
				  83116 need
				  be followed in connection with the disposition of any enforcement matter other
				  than by way of an administrative hearing conducted pursuant to Government Code
				  section
				  83116.
1. New section
				  filed 10-26-2004; operative 11-25-2004 (Register 2004, No.
				  44).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 83115,
					 83115.5
					 and
					 83116,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18361.9 - Procedure for Commission's Consideration of Proposed Decision by an Administrative Law Judge; Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Service of Process. Within 14 days of
				receipt of a proposed decision by an administrative law judge following a
				hearing held pursuant to Government Code section
				83116, the
				Executive Director shall serve a copy of the proposed decision on all parties
				that shall include notification of the date, time and place the matter will be
				considered by the Commission.
(b)
				Briefing Procedure of Proposed Decision by an Administrative Law Judge.
(1) Opening Brief. No later than 14 days
				after the date of service of the proposed decision, the Enforcement Division
				shall file an opening brief. The Enforcement Division shall file the original
				opening brief, with proof of service attached, with the Executive Director of
				the Commission. The Enforcement Division shall serve a copy of the brief, with
				proof of service, on the respondent. The opening brief may only address the
				following:
(A) Whether the facts stated in
				the proposed decision are consistent with the evidence presented;
(B) Whether the proposed decision contains an
				accurate statement and/or application of the law;
(C) Which of the dispositions provided for in
				Government Code section
				11517 is
				recommended by the Enforcement Division and why; and