California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 8 - Ex Parte Communications › Section 10286 - Notification of Parties and Interested Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As soon as is practicable, and prior to
				  the Commission's consideration of the matter that is the subject of an ex parte
				  communication, all parties to a proceeding and all persons interested in the
				  proceeding shall be notified that a Commissioner has received an impermissible
				  ex parte communication. If the disclosure occurs prior to the Commission
				  meeting at which the Commission considers the matter that is the subject of the
				  ex parte communication, the Executive Director shall provide notice by mail or
				  email and by posting notice of the disclosure on the Commission's website with
				  the materials for that Commission meeting. If the disclosure occurs at the
				  Commission meeting at which the Commission considers the matter that is the
				  subject of the ex parte communication, the disclosure shall occur in writing as
				  provided in subsections
				  10283(c) or (d),
				  as applicable, and notice of the disclosure shall be provided orally on the
				  record by the Commissioner making the disclosure prior to the Commission's
				  consideration of the matter that is the subject of the communication.
(b) If the communication was received orally,
				  the Executive Director or the Commissioner providing notice of the disclosure
				  shall include a copy of the memorandum and any response to the communication as
				  required by Sections
				  10283(d) and (e)
				  with the written notification.
(c)
				  If the communication was received in writing, the Executive Director or the
				  Commissioner providing notice of the disclosure shall include a copy of the
				  written communication and any response to the communication as required by
				  Section 10283(c) with the
				  written notification.
(d) In either
				  case, the notice shall also state that any party or person may request an
				  opportunity to address the Commission concerning the communication either at
				  the Commission meeting at which the Commission considers the matter that is the
				  subject of the communication or within 10 days of receiving the notice of the
				  communication as required by this section or shall waive the opportunity to
				  address the Commission concerning the communication.
1. New
					 section filed 12-27-2004; operative 1-26-2005 (Register 2004, No.
					 53).
2. Amendment of section and NOTE filed 8-2-2022; operative
					 10-1-2022 pursuant to Government Code section
					 11343.4(a)
					 (Register 2022, No. 31). Transmission deadline specified in Government Code
					 section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified
					 in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Sections
						11400.20
						and
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						11430.50,
						66632,
						66638 and
						66641.6,
						Government Code; and Sections
						29520,
						29524,
						29601,
						29610
						and
						29611,
						Public Resources Code.