reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 2 - Department Administered Interagency Merit System for Program Employees › Section 17030 - Department Oversight of Local Agency Personnel System for Program Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For any Local Agency not approved to operate its own
				  Personnel System in total, the Department shall oversee the Local Agency's
				  operation of its merit-based Personnel System for Program employees pursuant to
				  this Chapter. In the case of a Local Agency that is approved by the Department
				  to operate specific elements of its Personnel System for Program employees, the
				  Department shall oversee all other aspects of the Local Agency's operation of
				  its merit-based Personnel System pursuant to this Chapter.
1. Amendment
				  of subsections (d) and (l), new subsections (n) and (q), subsection relettering
				  and amendment of NOTE filed 5-7-2003 subject to partial compliance with the
				  Administrative Procedure Act and limited review by the Office of Administrative
				  Law pursuant to Government Code section
				  18215;
				  effective on filing pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 19).
2. Repealer of article 2 heading, repealer
				  of chapter 2 (articles 1-9, sections
				  17400-17592) new chapter 2
				  (sections 17030-17047) and repealer and new
				  section filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and
				  printing only (Register 2016, No. 26).
NOTE: Authorit cited: Sections
					 19800,
					 19801,
					 19803 and
					 19811,
					 Government Code. Reference: Sections
					 19801,
					 19803 and
					 19808,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 2 - Department Administered Interagency Merit System for Program Employees › Section 17031 - Qualifications and Classification of Program Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except for those positions designated as
				unclassified under (b), the Local Agency shall allocate every Program position
				to a Classification established by the Department that is appropriate to the
				duties of the position. The Local Agency's position allocation shall be subject
				to audit by the Department.
(b)
				Every Local Agency may designate a limited number of positions within the
				Program as unclassified or otherwise not subject to merit system requirements
				and the requirements of these regulations so long as such designation is
				consistent with the Local Agency's Personnel System regarding the type, number,
				level and process for establishing such unclassified positions. Designations of
				positions as unclassified are subject to audit by the Department.
1. New section
				  filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing
				  only (Register 2016, No. 26).
Note: Authority cited: Sections
					 19801,
					 19803 and
					 19811,
					 Government Code. Reference: Section
					 19800,
					 Government Code; and 5 CFR
					 900.602(a).
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 2 - Department Administered Interagency Merit System for Program Employees › Section 17032 - Recruitment and Selection of Program Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall ensure that the
				availability of Program employee positions is advertised for a sufficient
				period of time and in a manner that provides for a qualified candidate pool
				based on the level of the position, the required qualifications, and the
				availability of qualified applicants in the appropriate labor market.
(b) The advertisement shall include a
				description of the duties of the position, the position compensation, required
				minimum qualifications, a description of the selection process, and
				instructions on when and how to submit an application.
(c) If applications will be accepted for
				shorter a period of time than the full advertising period, the advertisement
				shall state the date, time, and manner that applications will be accepted.
				Applications must be accepted on the last day of the advertising period or a
				date subsequent to the close of the advertising period.
1. New section
				  filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing
				  only (Register 2016, No. 26).
Note: Authority cited: Sections
					 19800,
					 19801,
					 19803 and
					 19811,
					 Government Code. Reference: Section
					 19803,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 2 - Department Administered Interagency Merit System for Program Employees › Section 17033 - Selection Processes for Applicants to Program Positions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The selection process shall fairly test
				and determine the relative qualifications, fitness and ability of applicants to
				perform the duties of the Program position to which they seek appointment.
				Applicants shall be selected based on job-related criteria developed prior to
				reviewing or examining any individual application. The selection process may be
				conducted through interviews, written examinations, performance based
				examinations, assessments of education and experience of the applicants, or any
				combination of processes that are reasonably designed to ascertain the
				applicant's ability to perform the duties of the Program position.
(b) Eligibility to participate in the
				selection process may be limited to current employees of the Local Agency or of
				the Program if the Local Agency's Personnel System allows for such limitations
				on the candidate group in positions at a similar level to the vacant Program
				position.
1. New section
				  filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing
				  only (Register 2016, No. 26).
Note: Authority cited: Sections
					 19800,
					 19801,
					 19803 and
					 19811,
					 Government Code. Reference: Section
					 19803,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 2 - Department Administered Interagency Merit System for Program Employees › Section 17034 - Certification of Qualified Candidates and Appointment to Program Positions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the
				conclusion of the selection process, the Department shall provide to the Local
				Agency a list of applicants and the scores each applicant achieved in the
				selection process for the Program position. The Local Agency shall follow its
				Personnel System to certify the appropriate number of names for consideration
				for appointment and to finalize the appointment.
(b) Appointment procedures for Program
				employees shall be conducted by the Local Agency in the same manner as for
				other Local Agency employees.
(c)
				If Local Agency employees are required to serve probationary periods, the Local
				Agency shall require and administer probationary periods for Program employees
				in the same manner. If a Local Agency is authorized to reject an employee while
				the employee is on probation, Program employees may be rejected for the same
				reasons and in the same manner as for other employees. The Program employee may
				appeal that rejection to the Department. The appeal must be in writing and
				filed within 30 calendar days of the date on which the rejection became
				effective. The appeal does not delay the effective date of the rejection on
				probation.
(d) The rights of the
				parties to an appeal under this section shall be in accordance with section
				17045(b) through
				(g) of these regulations except that the
				appellant has the burden to show by a preponderance of the evidence that the
				rejection during probation was done in bad faith.
1. New section
				  filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing
				  only (Register 2016, No. 26).
Note: Authority cited: Sections
					 19800,
					 19801,
					 19803 and
					 19811,
					 Government Code. Reference: Section
					 19803,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 2 - Department Administered Interagency Merit System for Program Employees › Section 17035 - Disqualification of Applicants from Consideration for Program Positions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Local Agency or the Department may disqualify any applicant
				  from competing in the examination or from further consideration for appointment
				  for any of the following reasons:
(a)
				Failure to meet any of the required qualifications for the position.
(b) Failure to follow application or
				examination procedures for the position.
(c) False statements in the application or
				selection process.
(d) Any other
				reason established in the Local Agency's Personnel System.
Any applicant so disqualified shall be notified in writing of
				  the basis for the disqualification and shall be entitled to appeal the decision
				  in accordance with section
				  17036 of these
				  regulations.
1. New section
				  filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing
				  only (Register 2016, No. 26).
Note: Authority cited: Sections
					 19800,
					 19801,
					 19803 and
					 19811,
					 Government Code. Reference: Section
					 19803,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 2 - Department Administered Interagency Merit System for Program Employees › Section 17036 - Selection Process Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicants to Program positions may
				appeal to the Department actions and decisions made in the Local Agency
				selection process on the following grounds:
(1) for alleged irregularity, discrimination,
				bias, or fraud in one or more steps in an examination.
(2) for alleged improper acts or
				circumstances resulting in erroneous interpretation and application, by the
				examiners, of the skills, knowledge and abilities considered essential for
				satisfactory performance in the class for which the applicant was
				examined.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 2 - Department Administered Interagency Merit System for Program Employees › Section 17037 - Compensation for Program Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Local Agencies shall compensate Program employees pursuant to
				  the Personnel System in the same manner established for other Local Agency
				  employees. The Department may review the Local Agency's compensation policy and
				  practices as necessary to ensure compliance with the Federal Requirements. The
				  compensation plan may include provisions explaining the circumstances under
				  which a Program employee's salary may remain above the maximum for the Program
				  employee's Classification if the salary would be reduced through no fault of
				  the Program employee, and if the Personnel System permits compensation above
				  the classification maximum under the same circumstances for all Local Agency
				  employees.
1. New section
				  filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing
				  only (Register 2016, No. 26).
Note: Authority cited: Sections
					 19800,
					 19801,
					 19803 and
					 19811,
					 Government Code. Reference: Section
					 19803,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 2 - Department Administered Interagency Merit System for Program Employees › Section 17038 - Training for Program Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Local Agencies shall provide training to Program employees
				  pursuant to the Personnel System in the same manner established for other Local
				  Agency employees. The Department may review the Local Agency's training policy
				  and practices as necessary to ensure compliance with the Federal
				  Requirements.
1. New section
				  filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing
				  only (Register 2016, No. 26).
Note: Authority cited: Sections
					 19800,
					 19801,
					 19803 and
					 19811,
					 Government Code. Reference: Section
					 19803,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 2 - Department Administered Interagency Merit System for Program Employees › Section 17039 - Performance Evaluation for Program Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Local Agencies shall evaluate the performance of Program
				  employees pursuant to the Personnel System in the same manner established for
				  other Local Agency employees. Performance rating criteria must be job related,
				  objective, and applied consistently to all employees subject to performance
				  evaluation. Program employee complaints about the performance evaluation
				  reports or process shall be processed in accordance with Local Agency
				  procedures.
1. New section
				  filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing
				  only (Register 2016, No. 26).
Note: Authority cited: Sections
					 19800,
					 19801,
					 19803 and
					 19811,
					 Government Code. Reference: Section
					 19803,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 2 - Department Administered Interagency Merit System for Program Employees › Section 17040 - Overall Fairness of the Local Agency Personnel System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Local Agency shall provide for equal employment
				  opportunity, nondiscrimination, and other policies promoting fairness in the
				  overall personnel operations for applicants and Program employees pursuant to
				  the Personnel System in the same manner established for other Local Agency
				  employees.
1. New section
				  filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing
				  only (Register 2016, No. 26).
Note: Authority cited: Sections
					 19800,
					 19801,
					 19803 and
					 19811,
					 Government Code. Reference: Section
					 19803,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 2 - Department Administered Interagency Merit System for Program Employees › Section 17041 - Conflict of Interest and Improper Use of Authority for Program Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Local Agency shall follow the rules and procedures
				  regarding conflicts of interest, including rules relating to improper use of
				  authority by an employee for Program employees pursuant to the Personnel System
				  in the same manner established for other Local Agency
				  employees.
1. New section
				  filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing
				  only (Register 2016, No. 26).
Note: Authority cited: Sections
					 19800,
					 19801,
					 19803 and
					 19811,
					 Government Code. Reference: Section
					 19803,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 2 - Department Administered Interagency Merit System for Program Employees › Section 17043 - Failure to Meet Requirements for Continuing Employment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If such a procedure is permitted under
				the Local Agency's Personnel System, in lieu of disciplinary action, a Local
				Agency may terminate, demote, transfer, reduce the salary, or otherwise alter
				the employment of a Program employee without the Program employee's consent and
				for reasons unrelated to the Program employee's iob performance when the only
				cause of action against the employee is failure to meet a requirement for
				continuing employment. Such actions shall not be considered disciplinary for
				purposes of the Program employee's record and may be referred to as
				non-disciplinary actions. Such actions may include but are not limited to
				demotion or transfer; termination based on an unapproved absence by the
				employee; demotion or transfer unrelated to a reduction in force; actions based
				on the Program employee's medical condition; the imposition of paid and unpaid
				leaves; and any other action permitted under the Local Agency's Personnel
				System.
(b) A Program employee may
				appeal such actions to the Department after seeking a remedy directly from the
				Local Agency. In the event the Local Agency and the Program employee are unable
				to resolve the dispute, the Program employee shall notify the Department in
				writing of his or her appeal and the basis for the appeal. The employee shall
				attach evidence of having requested a remedy directly from the Local Agency and
				the outcome of that request. Such appeals must be filed with the Department
				within 30 calendar days of the date on which the Program employee was notified
				that the Local Agency would not provide the relief the Program employee
				requested. An appeal does not delay the effective date of the action.
(c) The scope of appeal is limited to:
(1) Whether the Local Agency failed to comply
				with an element of the Personnel System.
(2) Whether the Local Agency is taking the
				action for an unlawful reason.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 2 - Department Administered Interagency Merit System for Program Employees › Section 17044 - Disciplinary Actions Based on Program Employee Performance or Conduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a Program employee's performance or conduct is
				  unacceptable to the Local Agency, the Local Agency may take Disciplinary Action
				  against the Program employee for any cause established in the Local Agency's
				  Personnel System. The Local Agency shall prepare and serve the Disciplinary
				  Action in accordance with the Personnel System rules, including provisions
				  describing the length and type of notice to be given to the Program employee,
				  the contents of the notice, any right to meet or appeal to the Local Agency
				  prior to the action becoming effective, and the inclusion of documentary
				  evidence with the notice of the action.
1. New section
				  filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing
				  only (Register 2016, No. 26).
Note: Authority cited: Sections
					 19800,
					 19801,
					 19803 and
					 19811,
					 Government Code. Reference: Section
					 19803,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 2 - Department Administered Interagency Merit System for Program Employees › Section 17046 - Processing Grievances from Program Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Grievances shall be defined and processed as provided in the
				  Personnel System for Program employees as for other Local Agency
				  employees.
1. New section
				  filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing
				  only (Register 2016, No. 26).
Note: Authority cited: Sections
					 19800,
					 19801,
					 19803 and
					 19811,
					 Government Code. Reference: Section
					 19803,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 2 - Department Administered Interagency Merit System for Program Employees › Section 17047 - Department Audits of Local Agency Personnel Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may audit any Local Agency's Personnel System
				  under this Chapter as necessary to ensure that those elements of the Personnel
				  System applied to Program employees are in compliance with the Federal
				  Requirements. The audit schedule, scope, and frequency of audits are within the
				  discretion of the Department. The audit process may include an entrance
				  conference with the Local Agency, a review of Local Agency documentation, field
				  work as necessary to clarify or expand on the documentation, an exit interview,
				  and an opportunity for comment by the Local Agency to the draft report prepared
				  by the Department. If a Local Agency submits written comments in response to a
				  draft report, the response shall be included in the final audit report. The
				  Local Agency or Department Representative may dispute Department audit findings
				  pursuant to section
				  17013 of these
				  regulations.
1. New section
				  filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing
				  only (Register 2016, No. 26).
Note: Authority cited: Sections
					 19800,
					 19801,
					 19803 and
					 19811,
					 Government Code. Reference: Sections
					 19803 and
					 19808,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 1 - General › Section 18104 - Secure Electronic Signatures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as otherwise provided by law, an
				agency responsible for maintaining original reports, statements, forms, and
				other documents required under the Act may receive such filings:
(1) In paper format with the filer's
				handwritten signature; or
(2) In
				electronic format with the filer's secure electronic signature, if permitted by
				the agency.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 1 - General › Section 18109 - Storage of Originals and Copies of Reports (81009). [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-30-76; effective thirtieth day thereafter (Register 76, No. 18). For
				  prior history of Chapter 1, see Register 75, No. 45.
2. Repealer
				  filed 1-25-80; effective thirtieth day thereafter (Register 80, No.
				  4).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 81009,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 1 - General › Section 18110 - Duties of Filing Officers-Campaign Statements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It shall be the duty of a filing officer
				pursuant to Government Code section
				81010(b)
				in connection with the filing of candidate and committee campaign statements
				pursuant to Chapter 4 or 5 of the Political Reform Act to determine whether
				required documents have been filed.
(1) In
				order to fulfill the duty to determine whether required documents have been
				filed, if the filing officer is aware that a candidate or committee has an
				obligation to file a campaign statement and has failed to do so, the filing
				officer shall notify the candidate or committee of the obligation to file a
				statement.
(2) In determining
				whether required documents have been filed, the filing officer shall not be
				required to conduct any investigation to determine whether a committee or
				candidate has an obligation to file a campaign statement. This subdivision is
				not intended to prevent the filing officer from performing such an
				investigation.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 1 - General › Section 18115 - Duties of Filing Officers and Filing Officials- Statements of Economic Interests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A filing
				officer is the person or agency which receives and retains original statements
				of economic interests. A filing officer's duties with respect to a statement
				submitted in paper format are set forth in Regulation 18115.1, and a filing
				officer's duties with respect to a statement submitted in electronic format are
				set forth in Regulation 18115.2. In addition, a filing officer shall:
(1) Supply the necessary forms and manuals
				prescribed by the Commission.
(2)
				Determine whether the proper statements have been filed and whether they
				conform on their face with the Act's requirements. In determining if statements
				conform on their face to the Act's requirements, the filing officer must review
				the information contained in at least 20 percent of the statements which are
				filed on time, at least half of which must be selected on a random basis, and
				the information contained in all statements which are filed late, to determine
				whether:
(A) The summary page is completed
				correctly, and all schedules applicable to the filer are either attached or
				checked "no reportable interests."
(B) The attached schedules include all
				required descriptive information for each financial interest.
(C) Information on one schedule suggests that
				required information is omitted on either that schedule or another
				schedule.
(3) Promptly
				notify the filer if a required statement has not been filed or if the review of
				the schedules in subdivision (a)(2) indicates that the statement is incomplete
				or incorrect in any material respect.
(4) After making at least two attempts at
				attaining compliance, report any apparent violation of the Act to the
				appropriate agencies. The filing officer shall obtain updated contact
				information for the filer associated with an apparent violation and provide
				that information when reporting the apparent violation consistent with
				Regulation 18360. An apparent violation exists when:
(A) The filing officer knows or has reason to
				know that the statement contains material inaccuracies or omissions.
(B) A filer fails or refuses to file all or a
				part of a statement required by the Act or Commission Regulations adopted
				pursuant to the Act after the filing officer has provided reasonable notice of
				the filer's failure to file a complete statement.
(5) Compile and maintain current lists of all
				statements required to be filed with the agency and all those actually filed
				with the agency.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 1 - General › Section 18115.1 - Duties of Filing Officers and Filing Officials-Paper Format Statements of Economic Interests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Pursuant to Section
				81010(b), a filing
				officer shall review a statement of economic interests submitted in paper
				format to ensure:
(1) The statement is
				legible and readable when reproduced.
(2) The statement's cover sheet includes the
				filer's full name, formal official title, an email address, and the residential
				or business street address of the filer, as well as the type of statement and
				the period covered.
(3) The
				statement has been signed and dated by the filer in compliance with Section
				81004, unless the statement is an
				expanded statement filed for an additional position under Regulation
				18723.1.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 1 - General › Section 18115.2 - Duties of Filing Officers and Filing Officials-Electronically Format Statements of Economic Interests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to Section
				81010(b), a filing
				officer shall review a statement of economic interests submitted through the
				Commission's electronic filing system or an electronic filing system approved
				by the Commission pursuant to Section
				87500.2(c)(3), or
				filed pursuant to subdivision (b) of Regulation 18757, to ensure the statement:
(1) Contains the filer's full name, formal
				official title or designated position, an email address, and the residential or
				business street address of the filer. The filing officer shall ensure that the
				filer's full name and the formal position title are complete and accurate to
				promote the accuracy and consistency of electronic filing system databases and
				electronic recordkeeping.
(2)
				Contains the filer's secure electronic signature and date in compliance with
				Section 81004, unless the statement is an
				expanded statement filed for an additional position under Regulation
				18723.1.
(3) If filed through an
				electronic filing system, sets forth the System Acceptance Number ("SAN")
				assigned by the Commission to the approved electronic filing system verifying
				the Commission's certification of the system under Regulation
				18756.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 1 - General › Section 18116 - Reports and Statements; Filing Dates. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-27-77; effective thirtieth day thereafter (Register 77, No.
				  53).
2. Amendment filed 10-29-81; effective thirtieth day thereafter
				  (Register 81, No. 44).
3. Amendment of subsections (b) and (c) filed
				  3-3-86; effective thirtieth day thereafter (Register 86, No. 10).
4.
				  Amendment of subsection (a) and repealer of subsection (a) designator and
				  subsections (b) and (c) filed 10-23-96; operative 10-23-96 pursuant to
				  Government Code section
				  11343.4(d)
				  (Register 96, No. 43).
5. Amendment of section and NOTE filed
				  2-17-2011; operative 3-19-2011. 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. 7).
6. Repealer filed
				  9-14-2020; operative 10-14-2020 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 2020, No. 38).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 82036,
					 82036.5,
					 84203,
					 84203.3,
					 84204,
					 85309 and
					 85500,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 1 - General › Section 18117 - Duties of Filing Officers and Filing Officials - Effect of Non-Compliance on Filing and Disclosure Obligations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).
2.
				  Amendment of NOTE filed 7-22-2019; operative 8-21-2019 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 2019, No. 30).
3. Repealer filed 9-14-2020; operative
				  10-14-2020 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 2020, No. 38).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 81010,
					 84101,
					 84103,
					 84108,
					 84200-
					 84209,
					 84218,
					 84220,
					 84224,
					 84225,
					 84511,
					 84605,
					 85304,
					 85309,
					 85310,
					 85500,
					 86100-
					 86117,
					 87200-
					 87205,
					 87302 and
					 87302.6,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 2 - Definitions › Section 18200 - Terms and References

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this Division, the following terms have the
				  following meanings:
(a) "Act" refers
				to the Political Reform Act as set forth in Title 9 (commencing with Section
				81000) of the Government
				Code.
(b) "Regulation" refers to
				this Division, Division 6 of Title 2 of the California Code of Regulations,
				unless otherwise specified.
(c)
				"Section" refers to the Government Code, unless otherwise specified.
1. Change
				  without regulatory effect adding section filed 10-31-2007 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2007, No. 44).
2. Change without regulatory
				  effect amending section heading and section filed 3-19-2008 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2008, No. 12).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 81000,
					 83111 and
					 83112,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 2 - Definitions › Section 18202 - Definitions. Quasi-Legislative Administrative Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				proceeding of a state agency is not a quasi-legislative proceeding for the
				purposes of Government Code Section
				82002 if it is any of the
				following:
(1) A proceeding to determine the
				rights or duties of a person under existing laws, regulations or
				policies.
(2) A proceeding
				involving the issuance, amendment or revocation of a permit or
				license.
(3) A proceeding to
				enforce compliance with existing law or to impose sanctions for violations of
				existing law.
(4) A proceeding at
				which an action is taken involving the purchase or sale of property, goods or
				services by such agency.
(5) A
				proceeding at which an action is taken which is ministerial in
				nature.
(6) A proceeding at which
				an action is taken awarding a grant or contract.
(7) A proceeding involving the issuance of a
				legal opinion.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 2 - Definitions › Section 18204.5 - Substantial or Regular-Local Government Employees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-3-75 as an emergency; effective upon filing (Register 75, No.
				  10).
2. Repealer filed 6-30-75 as an emergency; effective upon
				  filing. Certificate of Compliance included (Register 75, No.
				  27).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 82039 and
					 86105-
					 86109,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 2 - Definitions › Section 18208.5 - Lobbyist Firms-Definitions and Reporting Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-10-75 as an emergency; effective upon filing (Register 75, No.
				  15).
2. Repealer filed 8-1-75 as an emergency; effective upon
				  filing. Certificate of Compliance included (Register 75, No.
				  31).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 86108,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 2 - Definitions › Section 18215 - Contribution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A contribution
				is any payment made for political purposes for which a donor does not receive
				full and adequate consideration. A payment is made for political purposes if it
				is:
(1) For the purpose of influencing or
				attempting to influence the action of the voters for or against the nomination
				or election of a candidate or candidates, or the qualification or passage of
				any measure; or
(2) Received by or
				made at the behest of the following or any agent thereof:
(A) A candidate;
(B) A controlled committee;
(C) An official committee of a political
				party, including a state central committee, county central committee, assembly
				district committee, or any subcommittee of such committee; or
(D) An organization formed or existing
				primarily for political purposes, including, but not limited to, a political
				action committee established by any membership organization, labor union, or
				corporation.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 2 - Definitions › Section 18215.1 - Contributions; when Aggregated. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-4-2006; operative 5-4-2006 (Register 2006, No. 14). For prior history,
				  see Register 97, No. 46.
2. Amendment of Comment filed 7-22-2019;
				  operative 8-21-2019 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 2019, No. 30).
3. Repealer filed 9-14-2020; operative
				  10-14-2020 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 2020, No. 38).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 82015,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 2 - Definitions › Section 18215.2 - Uncompensated Internet Activity by Individuals that is Not a Contribution or Expenditure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Definitions:
(1) Internet activities. For the
				purposes of this regulation, the term "Internet activities" includes, but is
				not limited to, the following activities conducted over or related to the
				Internet: sending or forwarding electronic messages; social networking;
				providing a hyperlink or other direct access to another person's website;
				blogging; creating, maintaining or hosting a website; paying a nominal fee for
				the use of another person's website; and any other form of communication
				distributed over the Internet.
(2)
				Equipment and services. For the purposes of this regulation, the term
				"equipment and services" includes, but is not limited to: computers, handheld
				communication devices that provide access to the Internet, software, routers,
				servers, Internet access purchased from an Internet Service Provider (ISP),
				subscription fees, blog hosting services, bandwidth, licensed graphics used on
				the Internet, Internet domain name services, e-mail services, and any other
				technology that is used to provide access to or use of the
				Internet.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 2 - Definitions › Section 18215.4 - Cryptocurrency Contributions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 10-22-2018; operative 11-21-2018 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. 43).
2. Repealer 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).
Note: Authority cited: Section
					 84300,
					 Government Code. Reference: Section
					 85201,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 2 - Definitions › Section 18216 - Enforceable Promise to Make a Payment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person who makes an enforceable promise
				to make a payment to or at the behest of a candidate or committee makes a
				contribution to the candidate or committee, except to the extent the person
				receives full and adequate consideration, and unless it is clear from the
				surrounding circumstances that the enforceable promise is not made for
				political purposes.
(b) A person
				makes an "enforceable promise to make a payment," as that term is used in
				subdivision (a), if the person:
(1)
				Guarantees a loan.
(2) Furnishes
				security for a loan.
(3) Endorses a
				loan.
(4) Cosigns a loan.
(5) Makes and delivers a post-dated
				check.
(6) Establishes a line of
				credit at a bank or other commercial lending institution for a candidate or
				committee.
(7) Promises in writing
				to make a payment for specific goods or services, and the candidate or
				committee, based on the promise, expends specific funds or enters into an
				enforceable contract with a third party.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 2 - Definitions › Section 18217 - Nonprofit Organization as Controlled Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A nonprofit organization, as defined in
				subdivision (f), shall be considered a controlled committee, if both of the
				following apply:
(1) A candidate, the
				candidate's agent, or any committee the candidate controls, exercise
				significant influence over the actions and decisions of the organization, or
				acts jointly with the organization in connection with the making of
				expenditures.
(2) The organization
				qualifies as a committee under Section
				82013(a),
				and the organization is operated for political purposes. For purposes of this
				regulation, an organization is "operated for political purposes" if either of
				the following applies:
(A) The organization
				receives or expends funds for the purpose of influencing or attempting to
				influence the action of the voters for or against the nomination or election of
				a candidate or the qualification or passage of any measure.
(B) The organization makes contributions to
				candidates or their controlled committees.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 2 - Definitions › Section 18219 - Designated Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of Section
				  82019 the term "designated
				  employee" includes a consultant as defined under Regulation 18700.3(a) and an
				  employee in a newly created position that makes or participates in the making
				  of decisions and whose specific position is not yet listed in an agency's
				  conflict-of-interest code.
1. New section
				  filed 11-12-2009; operative 1-1-2010. 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. 46).
2.
				  Amendment filed 7-22-2019; operative 8-21-2019 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 2019, No. 30).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 82019,
					 Government Code.