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 10281 - Definition of an Ex Parte Communication

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An ex parte communication is any oral or
				  written communication, direct or indirect, regarding a pending adjudicatory
				  proceeding between a member of the Commission and either any party to the
				  pending Commission adjudicatory proceeding or a member of the public that does
				  not occur in a Commission public hearing, Commission workshop, or other
				  official Commission proceeding or on the official Commission record for the
				  proceeding. Except as provided in subsection (b), this includes any
				  communication to a member of the Commission from any party to a pending
				  adjudicatory proceeding or from a member of the public concerning such a
				  proceeding whether or not the Commissioner receiving the communication responds
				  thereto.
(b) The Commission is
				  required by law to provide an opportunity for members of the public to address
				  the Commission on each agenda item noticed for consideration at a Commission
				  meeting, including pending adjudicatory proceedings, before or during the
				  Commission's consideration of the item. In light of the public's right to
				  address the Commission, an ex parte communication does not include a letter,
				  email message, or other written communication to the Commission or a member of
				  the Commission commenting on a pending adjudicatory proceeding if the
				  communication is included in the official Commission record for the proceeding
				  and provided that the Commissioner receiving the communication does not respond
				  thereto.
(c) If the Executive
				  Director is copied on a letter, email, or other written communication to the
				  Commission or a member of the Commission or if the Executive Director has
				  received such a communication as a public comment submission to the Commission,
				  the Executive Director shall include the communication in the official
				  Commission record for the proceeding and distribute it to the Commission prior
				  to the Commission's consideration of the matter that is the subject of the
				  communication, and no Commissioner shall have an obligation to disclose the
				  communication. If such a communication is addressed to one or more members of
				  the Commission individually and is not copied to or received by the Executive
				  Director, any Commissioner receiving such a communication shall forward it to
				  the Executive Director, who shall include the communication in the official
				  Commission record for the proceeding and shall distribute it to the Commission
				  prior to the Commission's consideration of the matter that is the subject of
				  the communication, and no Commissioner shall have an obligation to disclose 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
						11125.7,
						11405.20,
						11405.30,
						11405.40,
						11405.50,
						11405.60,
						11405.70,
						11405.80,
						11410.10,
						11410.20,
						11430.10,
						66632,
						66638 and
						66641.6,
						Government Code; and Sections
						29520,
						29524,
						29601,
						29610
						and
						29611,
						Public Resources Code.