California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 7 - Conflicts of Interest › Article 1 - Conflicts of Interest; General Prohibition › Section 18702.4 - Materiality Standard: Financial Interest in Source of Gift

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The financial effect of a governmental decision on the
					 source of a gift to a public official, as identified in Section
					 87103(e), is
					 material if:
(a) The source is a
				  claimant, applicant, respondent, contracting party, or is otherwise named or
				  identified as the subject of the proceeding; or
(b) The source is an individual that will be
				  financially affected under the standards applied to an official in Regulation
				  18702.5, or the official knows or has reason to know that the individual has an
				  interest in a business entity or real property that will be financially
				  affected under the standards applied to a financial interest in Regulation
				  18702.1 or 18702.2, respectively; or
(c) The source is a nonprofit organization
				  that will be financially affected under the materiality standards applied to a
				  nonprofit source of income interest in Regulation 18702.3; or
(d) The source is a business entity that will
				  be financially affected under the standards as applied to a financial interest
				  in Regulation 18702.1.
1. New
					 section filed 10-17-88; operative 11-16-88 (Register 88, No. 43).
2.
					 Repealer and new section filed 11-23-98; operative 11-23-98 pursuant to the
					 1974 version of Government Code section
					 11380.2
					 and title 2, California Code of Regulations, section
					 18312(d) and (e)
					 (Register 98, No. 48).
3. Editorial correction of HISTORY 2
					 (Register 2000, No. 25).
4. Amendment of subsection (c)(2) filed
					 6-14-2005; operative 7-14-2005 (Register 2005, No. 24).
5. Change
					 without regulatory effect renumbering former section
					 18702.4 to new section
					 18704.4 and renumbering former
					 section 18705.4 to section
					 18702.4, including amendment of
					 section, filed 4-27-2015. 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 and not subject to procedural or
					 substantive review by OAL) (Register 2015, No. 18).
6. Amendment of
					 subsection (c) filed 7-10-2015; operative 7-10-2015 pursuant to section
					 18312(e)(1)(A),
					 title 2, California Code of Regulations. 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 and not subject to procedural or
					 substantive review by OAL) (Register 2015, No. 28).
7. Amendment of
					 subsection (c) filed 1-21-2020; operative 2-20-2020 pursuant to Cal. Code
					 Regs., tit. 2, section
					 18312(e).
					 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 and not subject to procedural or substantive review by OAL)
					 (Register 2020, No. 4).
Note: Authority cited: Section
						83112,
						Government Code. Reference: Sections
						87100,
						87102.5,
						87102.6,
						87102.8
						and
						87103,
						Government Code.