California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 3 - Fair Political Practices Commission › Section 18361 - Delegation by the Executive Director Pertaining to Enforcement Proceedings and Authority to Hear Probable Cause Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Executive Director is unavailable,
				or cannot be fair or impartial, the Executive Director may delegate in writing
				the Director's authority under Regulations 18360, 18361.1 through 18361.3, and
				18361.5 through 18361.8, to the General Counsel or to an attorney from the
				Legal Division. The Executive Director may also delegate the Director's
				authority under Regulations 18361.1 and 18361.7, in writing, to an
				administrative law judge.
(b)
				Probable cause proceedings under Regulation 18361.4 shall be heard by the
				General Counsel or an attorney from the Legal Division. The General Counsel may
				delegate the authority to hear probable cause proceedings, in writing, to an
				administrative law judge.
1. New section
				  filed 9-24-2007; operative 10-24-2007. 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 2007, No. 39). For prior history, see
				  Register 2004, No. 44.
2. Amendment filed 6-11-2008; operative
				  6-11-2008. 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 2008, No. 24).
3. Amendment of section
				  heading and section filed 12-7-2011; operative 1-6-2012. 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 2011, No.
				  49).
4. Amendment of subsection (a) filed 5-12-2021; operative
				  6-11-2021 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 2021, No. 20).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 83115,
					 83115.5
					 and
					 83116,
					 Government Code.