California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 1 - General Provisions › Article 3 - Conflict of Interest › Appendix - Appendix

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Designated Employees
Disclosure Categories
Commissioner of Business Oversight
1
Chief Deputy Commissioner
1
Special Assistant to the Commissioner
1
General Counsel and Assistant General Counsel
1
Senior Deputy Commissioner and Deputy Commissioners in
							 the Division of Corporations
2
Senior Deputy Commissioner and Deputy Commissioners in
							 the Division of Financial Institutions
2
Deputy Commissioner and Counsel assigned to the
							 Division of Law & Policy
2
Deputy Commissioner and Counsel assigned to the
							 Enforcement Division
2
Deputy Commissioner for Legislation
2
Deputy Commissioner for Public Affairs
3
Corporations Examiners, Investigators, and Auditors
							 (any grade)
3
Financial Institutions Managers and Examiners (any
							 grade)
3
Deputy Commissioner for Administration
4
Staff Services Manager (any grade)
4
Data Processing Manager (any grade)
4
Systems Software Specialists (any grade), Information
							 Systems Analysts (any grade), and Programmer Analysts (any grade)
4
Accounting Administrators, Accounting Officers,
							 Accountants (any grade), and Budget Analysts (any grade)
4
Business Services Officers and Business Services
							 Assistants
4
All Contract Analysts and Procurement Staff
4
Training Officer
4
Consultants/New Positions*
1
Disclosure Categories
Category 1.
Each "designated employee" in this category shall
					 report:
All investments, income (including gifts, loans, and travel
					 payments), business positions, and interests in real property.
Category 2.
Each "designated employee" in this category shall
					 report:
(1) Any investment, income (including gifts, loans, and
					 travel payments) or business position in any business entity which:
(a) holds a license, certificate, permit, or registration
					 from the Commissioner of Business Oversight;
(b) the employee knows or reasonably should know has
					 transacted business with the Department;
(c) has been the subject of any legislation or rulemaking
					 activity during the preceding two years; or
(d) the employee knows or has reason to know will transact
					 business with the Department or be subject of any legislation or rulemaking
					 activity.
(2) Any interest in real property that has been rented or
					 leased to in the previous two years, or which the employee knows or has reason
					 to know may be rented, leased, or sold to a business entity or non-profit,
					 which;
(a) Holds a license, certificate, permit, or registration
					 from the Commissioner of Business Oversight;
(b) has transacted with the Department;
(c) been the subject of any legislation or rulemaking
					 during the preceding two years; or
(d) the employee knows or has reason to know will transact
					 business with the Department or be subject of any legislation or rulemaking
					 activity.
(3) To "transact business" with the Department of Business
					 Oversight includes, but is not limited to, any activity or contact with the
					 Department in connection with a permit, order, registration, license,
					 certificate, opinion, complaint, or enforcement action. A business entity,
					 non-profit, or income source has been or will be "the subject of any
					 legislation or rulemaking activity" if the business entity, non-profit, or
					 income source is, was, will be, or would have been affected by any legislation
					 or rule in connection with the laws over which the Commissioner of Business
					 Oversight has jurisdiction, whether or not such legislation or rule was
					 enacted, adopted, amended, or repealed.
Category 3.
Each "designated employee" in this category shall
					 report:
(1) Any investment, income (including gifts, loans, and
					 travel payments) or business position in any business entity which:
(a) holds a license, certificate, permit, or registration
					 from the Commissioner of Business Oversight;
(b) the employee knows or has reason to know has transacted
					 business on behalf of the Department during the preceding two years;
(c) the employee knows or has reason to know that he or she
					 will transact business on behalf of the Department.
(2) Any interest in real property that has been rented or
					 leased to in the previous two years, or which the designated employee knows or
					 has reason to know may be rented, leased, or sold to a business entity or
					 non-profit which:
(a) holds a license, certificate, permit, or registration
					 from the Commissioner of Business Oversight;
(b) the employee knows or has reason to know has transacted
					 business on behalf of the Department of Business Oversight during the preceding
					 two years; or
(c) the employee knows or has reason to know that he or she
					 will transact business on behalf of the Department.
(3) For the purposes of this category, to "transact
					 business" with the Department of Business Oversight" includes, but is not
					 limited to, preparing or reviewing material in connection with a permit, order,
					 registration, license, certificate, opinion, complaint, enforcement action,
					 legislation, or rules in connection with the laws over which the Commissioner
					 of Business Oversight has jurisdiction.
(4) Absent specific knowledge to the contrary which, in
					 light of his or her specific functions and duties within the Department which
					 would put the employee on notice, a designated employee in Category 3 has no
					 reason to know that he or she will transact business on behalf of the
					 Department with any business entity solely by reason of its being an issuer of
					 securities that are exempted from the qualification requirement of the
					 Corporate Securities Law of 1968, Corporations Code section
					 25000 et
					 seq.
Category 4.
Each "designated employee" in this category shall
					 report:
(1) Any investment, income (including gifts, loans and
					 travel payments) or business position in any business entity which during the
					 preceding two years has provided, or which the employee knows or has reason to
					 know may provide, the Department of Business Oversight with services, supplies,
					 materials, machines, equipment, or office space.
(2) Any interest in real property leased to or rented to
					 the Department of Business Oversight.
(3) Any interest in real property that the employee knows
					 or has reason to know has been rented or leased to in the preceding two years,
					 or has reason to know may be rented, leased, or sold to a business entity or
					 non-profit that has provided or may provide the Department of Business
					 Oversight with services, supplies, materials, machines, equipment, or office
					 space.
*Consultants/New Positions
A consultant or new position shall disclose their economic
					 interests pursuant to the broadest disclosure category in the Code (Category 1)
					 subject to the following limitations:
The Commissioner may determine in writing that a particular
					 consultant, although a "designated position" is hired to perform a range of
					 duties limited in scope and thus is not required to fully comply with the
					 disclosure requirements described in this category. Such written determination
					 shall include a description of the duties and, based upon that description, a
					 statement of the extent of disclosure requirements. The Commissioner's
					 determination is a public record and shall be released for public inspection in
					 the same manner and location as this conflict of interest code.