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 10283 - General Policy and Disclosure of Ex Parte Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in Section
				  10284, ex parte communications are
				  prohibited in adjudicatory actions. However, if an impermissible ex parte
				  communication occurs, any Commission member who has an ex parte communication
				  concerning any adjudicatory matter pending before the Commission shall disclose
				  the content of the communication on the record.
(b) The disclosure shall occur in writing as
				  provided in subsections (c) or (d), as applicable, prior to the Commission
				  meeting at which the Commission considers the matter that is the subject of the
				  ex parte communication or during that meeting prior to the Commission's
				  consideration of the agenda item that is the subject of the
				  communication.
(c) Compliance with
				  this disclosure requirement regarding the receipt of an ex parte communication
				  in written form shall be accomplished by submitting a copy of the written
				  communication and any response to the communication to the Executive Director
				  as soon as practicable after the communication for inclusion into the record of
				  the matter that is the subject of the ex parte communication.
(d) Compliance with this disclosure
				  requirement regarding the receipt of an ex parte communication orally shall be
				  accomplished by submitting a memorandum to the Executive Director as soon as
				  practicable after the communication for inclusion into the record of the matter
				  that is the subject of the ex parte communication.
(e) The memorandum required by paragraph (d)
				  shall include the substance of the communication, any response by the recipient
				  Commission member, and the identity of each person from whom the recipient
				  Commission member received the communication.
(f) This policy shall not apply to
				  quasi-legislative matters such as the adoption of or the amendment to a
				  Commission plan, the adoption of or the amendment of a Commission regulation,
				  and Commission comments on proposed or pending legislation.
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
						11430.10,
						11430.40,
						66632,
						66638 and
						66641.6,
						Government Code; and Sections
						29520,
						29524,
						29601,
						29610
						and
						29611,
						Public Resources Code.