California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 1 - Definitions and General Procedures › Section 12012 - Ex Parte Communication

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  purposes of this section,
"ex parte communication
" or
"ex parte
" means a communication upon the merits of an
				  application without notice and opportunity for all parties to participate in
				  the communication.
(b) The
				  limitations on
ex parte
communication imposed by Business and
				  Professions Code section
				  19872,
				  subdivisions (a) and (b) apply when an application is submitted to the Bureau
				  for investigation until the Bureau report is submitted to the Commission and
				  the communication is upon the merits of the application.
(c) The limitations on
ex
				  parte
communication imposed by Business and Professions Code sections
				  19872,
				  subdivisions (a) and (c) apply when the Bureau report is submitted to the
				  Commission until a decision is final pursuant to Section
				  12066 and the communication is upon
				  the merits of the application.
(d)
				  When the
ex parte
provisions of subsections (b) or (c) apply,
				  the following communications will not be considered
ex parte:
(1) Communications related to undisputed
				  issues of practice and procedure that are not upon the merits of an
				  application.
(2) Communications
				  made at an evidentiary hearing or Commission meeting and which concern a
				  properly noticed matter.
(3)
				  Information or documents provided by the applicant, or his, her, or its
				  designated agent, upon the merits of an application pending disposition before
				  the Bureau or Commission to an advisor or member of the Commission which is
				  simultaneously provided to the Bureau or advocate of the Commission, if one has
				  been designated.
(4) Information or
				  documents provided by the Bureau or an advocate of the Commission, upon the
				  merits of an application pending disposition before the Commission to an
				  advisor or member of the Commission which is simultaneously provided to the
				  applicant.
(5) Information or
				  documents provided by any other interested person upon the merits of an
				  application pending disposition before the Bureau or Commission to an advisor
				  or member of the Commission which is simultaneously provided to both the Bureau
				  and an advocate of the Commission, if one has been designated, and the
				  applicant.
(6) Communications
				  between an advisor of the Commission and a member of the Commission.
(7) Information or documents provided by the
				  Bureau upon the merits of an application pending disposition before the
				  Commission to an advisor or member of the Commission pursuant to Business and
				  Professions Code section
				  19822,
				  subdivision (b), but that cannot be provided to the applicant pursuant to
				  Business and Professions Code section
				  19821,
				  subdivision (d), and section
				  19868 subdivisions (b)(3) and
				  (c)(2), and which is provided as follows:
(A)
				  The Bureau first provides redacted information or documents to both an advisor
				  or member of the Commission and the applicant;
(B) If an advisor or member of the Commission
				  requests an unredacted copy of the information or documents, the Commission
				  will provide a notice to the applicant, pursuant to Section
				  12006, allowing at least 14
				  calendar days for the applicant to object and pursue any appropriate judicial
				  remedies to challenge the request and seek a judicial in camera review of the
				  confidentiality and relevancy of the information; and,
(C) The Bureau will provide the unredacted
				  information or documents only to an advisor or member of the Commission and
				  only after the time period specified to seek judicial review has elapsed, or
				  the appropriate judicial remedies have been exhausted, whichever is
				  later.