California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 7 - Conflicts of Interest › Article 2 - Disclosure › Section 18734 - Designated Employees and Consultants - Positions Pending Code Amendment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) New Positions
				  and Consultants -- Interim Disclosure: Consultants and newly created positions
				  as set forth in Regulation 18219 that make or participate in the making of
				  decisions that may foreseeably have a material effect on any financial interest
				  shall file interim disclosure under this category.
(b) Disclosure Requirements: Persons in
				  positions specified in subdivision (a) of this regulation shall file under the
				  broadest disclosure category in the agency's conflict-of-interest code until
				  the agency amends its code to reflect the position. However, the agency may
				  determine that the broadest disclosure is not necessary and set interim
				  disclosure that is more tailored to positions with a limited range of duties.
				  This determination shall include a description of the position's duties and,
				  based upon that description, a statement of the extent of disclosure
				  requirements.
(c) Public Records:
				  Records pertaining to positions that file under this category are public
				  records and must be retained for the public's inspection in the same manner and
				  location as the agency's conflict-of-interest code as set forth in Section
				  81008(a). This
				  includes any written documents that support a limited disclosure
				  category.
(d) Time of Filing:
				  Persons in positions specified in this regulation shall file an initial
				  statement within 30 days of assuming office and shall continue to file annually
				  in the same manner and location specified in the agency's conflict-of-interest
				  code.
(e) Annual Statement: Any
				  statement filed under this provision is deemed to satisfy the requirement of
				  Section 87302(b), which
				  requires that an initial or annual statement be filed.
(f) Nothing in this regulation shall be
				  construed to exempt any agency from complying with provisions of Section
				  87306.
(g) Effective Date: This regulation shall be
				  effective January 1, 2010.
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 of section heading and section filed 2-23-2011;
					 operative 2-10-2011, pursuant to California Code of Regulations, title 2,
					 section 18312(c)(3).
					 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 2011, No. 8). A Certificate of Compliance must be
					 transmitted to OAL within 120 days or emergency language will be repealed on
					 6-11-2011.
3. Editorial correction of HISTORY 2 (Register 2011, No.
					 13).
4. Amendment of subsection (b), new subsections (c)-(c)(3),
					 repealer of subsection (g) and subsection relettering filed 4-1-2011; operative
					 2-10-2011, pursuant to California Code of Regulations, title 2, section
					 18312(c)(3).
					 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 2011, No. 13). A Certificate of Compliance must be
					 transmitted to OAL within 120 days or emergency language will be repealed on
					 6-11-2011.
5. Reinstatement of section as it existed prior to the
					 2-10-2011 emergency amendments filed 2-23-2011 and 4-1-2011 by operation of
					 Government Code section
					 11422.1(c)
					 (Stats. 1971, c. 1303). See 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 2011, No. 34).
Note: Authority cited: Section
						83112,
						Government Code. Reference: Section
						87302,
						Government Code.