California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 7 - Conflicts of Interest › Article 2.5 - Post-Employment Laws › Section 18741.1 - Revolving Door; State Permanent Ban

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The prohibitions of Sections
				  87401 and
				  87402 apply to any state
				  administrative official if all of the following criteria are met:
(1) The official has permanently left or is
				  on a leave of absence from, as defined in Regulation 18746.4(a), any particular
				  state office or employment.
(2) The
				  official is compensated, or is promised compensation, for making an appearance
				  or communication, or for aiding, advising, counseling, consulting, or assisting
				  in representing another person, other than the State of California, in a
				  judicial, quasi-judicial or other proceeding. For purposes of Section
				  87401 and
				  87402, a payment made for necessary
				  travel, meals, and accommodations received directly in connection with
				  voluntary services is not considered compensation.
(3) The official makes an appearance or
				  communication, or aids, advises, counsels, or assists in representing another
				  person, other than the State of California, in making an appearance or
				  communication, before any officer or employee of any state administrative
				  agency for the purpose of influencing, as defined in Regulation 18746.2, a
				  judicial, quasi-judicial or other proceeding, including but not limited to any
				  proceeding described in Regulation 18202, subdivisions (a)(1)-(a)(7).
(4) The judicial, quasi-judicial or other
				  proceeding includes any proceeding in which the official participated
				  personally and substantially by making, participating in the making, or
				  influencing of a governmental decision, as defined in Regulation 18704, but
				  excluding any proceeding involving the rendering of a legal advisory opinion
				  not involving a specific party or parties. A supervisor is deemed to have
				  participated in any proceeding that was "pending before," as defined in
				  subdivision (b) of Regulation 18438.2, the official's agency and that was under
				  the supervisor's supervisory authority. For purposes of this regulation, a
				  proceeding is under a supervisor's "supervisory authority" if any of the
				  following applies to the supervisor:
(A) The
				  supervisor's duties include the primary responsibility within the agency for
				  directing the operation or function of the program where the proceeding is
				  initiated or conducted. However, this provision does not apply to a supervisor
				  who is only responsible for the general oversight of the administrative actions
				  or functions of a program in which the responsibilities concerning the specific
				  or final review of the proceeding are expressly delegated to other persons in
				  the agency.
(B) The supervisor
				  directly supervises the person performing the investigation, review, or other
				  action involved in the proceeding including, but not limited to, assigning the
				  matter for which the required conduct is taken.
(C) The supervisor reviews, discusses, or
				  authorizes any action in the proceeding.
(D) The supervisor has contact with any of
				  the participants in the proceeding regarding the subject of the
				  proceeding.
(5) The
				  judicial, quasi-judicial or other proceeding is the same proceeding in which
				  the official participated.
COMMENT: Also see
In re Lucas
(2000) 14
					 FPPC Ops. 15.