reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 6 - Lobbyists › Section 18625 - Placing Official Under Personal Obligation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of Government Code Section
				86205(a),
				placing an elected state officer, legislative official, agency official, or
				state candidate the lobbyist or lobbying firm is registered to lobby under
				personal obligation includes:
(1) Arranging
				or making a loan whether secured or unsecured, to the elected state officer,
				legislative official, agency official or state candidate, either directly or
				through an agent.
(2) Failing to
				make sufficient efforts to collect debt for services provided to the elected
				state officer, legislative official, agency official or state
				candidate.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 6 - Lobbyists › Section 18626 - Contingency Fees Prohibition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				For purposes of Section
				86205, subdivision (f), the phrase
				"any payment in any way contingent" means every type of payment, including
				payment of a fee, salary, bonus, commission or any other form of compensation,
				which payment is dependent to any degree on the defeat, enactment, or outcome
				of any proposed legislative or administrative action.
(b) A contract for lobbying services does
				not, in itself, violate Section
				86205(f) if it
				expressly states the agreed upon terms of all compensation to be received in
				return for those lobbying services and does not make the agreed upon payment
				dependent to any degree, directly or indirectly, on a specific outcome of the
				proposed legislative or administrative action for which the lobbying services
				are to be rendered.
1. New section
				  filed 12-13-2022; operative 1-12-2023 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 2022, No. 50).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 86205,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 6 - Lobbyists › Section 18630 - Home Hospitality (86203). [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 11-4-75; operative 12-4-75 (Register 75, No. 45).
2. Amendment
				  of section heading and subsections (a)-(d) filed 10-13-78; operative 1-1-79
				  (Register 78, No. 41).
3. Amendment of subsection (a) filed 5-28-86
				  as an emergency; operative 5-28-86 (Register 86, No. 22). A Certificate of
				  Compliance must be transmitted to OAL within 120 days or emergency language
				  will be repealed on 9-25-86.
4. Certificate of Compliance filed
				  9-15-86 (Register 86, No. 38).
5. Repealer filed 3-19-2010;
				  operative 4-18-2010. 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 and not subject to procedural or substantive review
				  by OAL) (Register 2010, No. 12).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 86203,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 6 - Lobbyists › Section 18640 - Activity Expenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				When reporting activity expenses as required under Section
				86112 for events described under
				Regulation 18946.2, subdivisions (a) and (b), the value of the expense reported
				by any person required to file a periodic report under Article 1 of Chapter 6
				of this title for each reportable person attending the event shall be
				calculated as provided in Regulation 18946.2(b).
(b) Notwithstanding subdivision (a) of this
				regulation, if an official notifies the filer, in writing, that the official
				attended the event but that the official did not stay for any meal or
				entertainment, and that the official received only minimal appetizers and
				drinks, the value of the gift received is the value of any specific item, other
				than food, that is presented to the official and guest accompanying the
				official at the event. For purposes of this subdivision, "entertainment" means
				a feature show or performance intended for an audience, and does not include
				music provided for background ambiance.
Upon receiving the above notification from the official, the
				  value of the expense reported by the filer may be reported to reflect the value
				  of gift pursuant to this regulation.
COMMENT: Cross-reference: See Regulation 18946.2, subdivision
				  (e).
1. New section
				  filed 5-2-2005; operative 5-2-2005 pursuant to Government Code section
				  11343.4
				  (Register 2005, No. 18).
2. Amendment filed 8-7-2012; operative
				  9-6-2012. 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 2012, No. 32).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 86112 and
					 86112.5,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 6 - Lobbyists › Section 18650 - Reportable Exchanges (86107 and 86109). [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 10-13-78; designated effective 1-1-79 (Register 78, No.
				  41).
2. Repealer filed 8-27-81; effective thirtieth day thereafter
				  (Register 81, No. 35).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 86107 and
					 86109,
					 Government Code.
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 18700 - Basic Rule and Guide to Conflict of Interest Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Basic Rule: A public official at any
				  level of state or local government has a prohibited conflict of interest and
				  may not make, participate in making, or in any way use or attempt to use the
				  official's position to influence a governmental decision when the official
				  knows or has reason to know the official has a disqualifying financial
				  interest. A public official has a disqualifying financial interest if the
				  decision will have a reasonably foreseeable material financial effect,
				  distinguishable from the effect on the public generally, directly on the
				  official, or the official's immediate family, or on any financial interest
				  described in subdivision (c)(6)(A-F) herein. (Sections
				  87100,
				  87101, & 87103.)
(b) Application: The Act's conflict of
				  interest prohibitions apply only to public officials and only to governmental
				  decisions that have a financial effect.
(c) For purposes of the Act's conflict of
				  interest prohibitions (Sections
				  87100-87105; Regulations
				  18700-18707), the following definitions apply:
(1) "Public Official" (see Section
				  82048) means every member, officer,
				  employee, or consultant of a state or local government agency other than:
(A) A judge or court commissioner;
(B) A member of the Board of Governors and
				  designated employees of the State Bar of California;
(C) A member of the Judicial
				  Council;
(D) A member of the
				  Commission on Judicial Performance, provided that the member is subject to the
				  provisions of Article 2.5 (commencing with Section
				  6035) of Chapter 4 of Division 3 of
				  the Business and Professions Code as provided in Section
				  6038 of that article.
(E) A federal officer or employee serving in
				  an official federal capacity on a state or local government agency.
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 18700.1 - Definitions: Source of Income, Commission Income and Incentive Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) For purposes of disqualification under
				  Sections 87100 and
				  87103, a public official has a
				  financial interest in any person from whom the official has received income,
				  including commission income and incentive compensation, aggregating $500 or
				  more within 12 months prior to the time when the relevant governmental decision
				  is made. A public official's income includes income that has been promised to
				  the public official but not yet received, if the official has a legally
				  enforceable right to the promised income.
(2) In addition to having a financial
				  interest in any business entity from which the official has received income of
				  $500 or more within 12 months before the relevant governmental decision is
				  made, the official has a source-of-income financial interest in all of the
				  following:
(A) Any individual owning a 50
				  percent or greater interest in that business entity.
(B) Any individual, regardless of the extent
				  of the individual's ownership interest in that entity, who has the power to
				  direct or cause the direction of the management and policies of the business
				  entity.
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 18700.2 - Parent, Subsidiary, Otherwise Related Business Entity: Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of
				  Section 82034 and Section
				  87209, in determining if a business
				  entity has an interest in real property or does business or plans to do
				  business in the jurisdiction, or has done business in the jurisdiction at any
				  time during the two years prior to the time any statement or any other action
				  is required under the Act, the business entity includes a "parent,"
				  "subsidiary," or "otherwise related to" another business entity as those terms
				  are defined in subdivision (b) below.
(b) Parent, Subsidiary, Otherwise Related
				  Business Entity, defined.
(1) Parent -- A
				  business entity is a "parent" if it is a corporation that controls more than 50
				  percent of the voting stock of another corporation. The parent corporation is
				  also a parent to any subsidiaries of the corporation that it
				  controls.
(2) Subsidiary -- A
				  business entity is a "subsidiary" if it is a corporation whose voting stock is
				  more than 50 percent controlled by another corporation. The subsidiary
				  corporation is also a subsidiary to any corporation that controls its parent
				  corporation.
(3) Otherwise related
				  business entity. Business entities, other than a parent corporation as defined
				  in subdivision (b)(1), are otherwise related if:
(A) The same person or persons together
				  direct or control each business entity; or
(B) The same person or persons together have
				  a 50 percent or greater ownership interest in each business
				  entity.
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 18700.3 - Consultant, Public Official Who Manages Public Investments: Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of
				  Sections 82019 and
				  82048, "consultant" means an
				  individual who, pursuant to a contract with a state or local government agency:
(1) Makes a governmental decision whether to:
(A) Approve a rate, rule, or
				  regulation;
(B) Adopt or enforce a
				  law;
(C) Issue, deny, suspend, or
				  revoke any permit, license, application, certificate, approval, order, or
				  similar authorization or entitlement;
(D) Authorize the agency to enter into,
				  modify, or renew a contract provided it is the type of contract that requires
				  agency approval;
(E) Grant agency
				  approval to a contract that requires agency approval and to which the agency is
				  a party, or to the specifications for such a contract;
(F) Grant agency approval to a plan, design,
				  report, study, or similar item;
(G)
				  Adopt, or grant agency approval of, policies, standards, or guidelines for the
				  agency, or for any subdivision thereof; or
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 18701.1 - Real Estate or Professional License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Possession of a real estate sales or brokerage license, or
					 any other professional license, without regard to the official's business
					 activity or likely business activity, does not in itself make a material
					 financial effect on the official's economic interest reasonably
					 foreseeable.
1. Change
					 without regulatory effect renumbering former section
					 18706.1 to new section
					 18701.1, including repeal of
					 subsection (a) designator, 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).
Note: Authority cited: Section
						83112,
						Government Code. Reference: Sections
						87100,
						87102.5,
						87102.6,
						87102.8 and
						87103,
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 - Materiality Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In order to determine if a governmental decision's reasonably foreseeable
				  financial effect on a financial interest is material, for a governmental
				  decision that affects:
(1) A financial
				  interest in a business entity, -- apply Regulation 18702.1;
(2) A financial interest in real property, --
				  apply Regulation 18702.2;
(3) A
				  financial interest in a source of income, -- apply Regulation
				  18702.3;
(4) A financial interest
				  in a source of gifts, -- apply Regulation 18702.4;
(5) The public official's personal finances,
				  or those of a member of the official's immediate family, -- apply Regulation
				  18702.5;
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 18702.1 - Materiality Standard: Financial Interest in a Business Entity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The reasonably
				  foreseeable financial effect of a governmental decision on an official's
				  financial interest in a business entity is material if any of the following
				  criteria are met:
(1) Explicitly Involved.
				  The entity is a named party in, or the subject of, the decision, including any
				  decision in which the entity:
(A) Initiates
				  the proceeding by filing an application, claim, appeal, or other request for
				  action concerning the entity with the official's agency;
(B) Offers to sell a product or service to
				  the agency;
(C) Bids on, or enters
				  into, a contract with the agency, or is identified as a subcontractor on a bid
				  or contract with the agency;
(D) Is
				  the named or intended manufacturer or vendor of any products to be purchased by
				  the agency with an aggregate cost of $1,000 or more in any 12-month
				  period;
(E) Applies for a permit,
				  license, grant, tax credit, exception, variance, or other entitlement from the
				  agency;
(F) Is the subject of any
				  inspection, action, or proceeding under the regulatory authority of the agency;
				  or
(G) Is subject to an action
				  taken by the agency that is directed at the entity.
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 18702.2 - Materiality Standard: Financial Interest in Real Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The reasonably foreseeable financial
				  effect of a governmental decision on a parcel of real property in which an
				  official has a financial interest, other than a leasehold interest, is material
				  whenever the governmental decision:
(1)
				  Involves the adoption of or amendment to a development plan or criteria
				  applying to the parcel;
(2)
				  Determines the parcel's zoning or rezoning, other than a zoning decision
				  applicable to all properties designated in that category; annexation or
				  de-annexation; inclusion in or exclusion from any city, county, district, or
				  local government subdivision or other boundaries, other than elective district
				  boundaries;
(3) Would impose,
				  repeal, or modify any taxes, fees, or assessments that apply to the
				  parcel;
(4) Authorizes the sale,
				  purchase, or lease of the parcel;
(5) Involves the issuance, denial or
				  revocation of a license, permit or other land use entitlement authorizing a
				  specific use of or improvement to the parcel or any variance that changes the
				  permitted use of, or restrictions placed on, the property;
(6) Involves construction of, or improvements
				  to, streets, water, sewer, storm drainage or similar facilities, and the parcel
				  will receive new or improved services that provide a benefit or detriment
				  disproportionate to other properties receiving the services;
(7) Involves property located 500 feet or
				  less from the property line of the parcel unless there is clear and convincing
				  evidence that the decision will not have any measurable impact on the
				  official's property; or
(8)
				  Involves property located more than 500 feet but less than 1,000 feet from the
				  property line of the parcel, and the decision would change the parcel's:
(A) Development potential;
(B) Income producing potential;
(C) Highest and best use;
(D) Character by substantially altering
				  traffic levels, intensity of use, parking, view, privacy, noise levels, or air
				  quality; or
(E) Market
				  value.
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 18702.3 - Materiality Standard: Financial Interest in a Source of Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The reasonably
				  foreseeable financial effect of a governmental decision on an official's
				  financial interest in a source of income is material if any of the following
				  criteria are met:
(1) The source is a named
				  party in, or the subject of, the decision including a claimant, applicant,
				  respondent, or contracting party.
(2) The source is an individual and:
(A) The decision may affect the individual's
				  income, investments, or other assets or liabilities (other than an interest in
				  a business entity or real property) by $1,000 or more; or
(B) The official knows or has reason to know
				  that the individual has an interest in a business entity that will be
				  financially affected under the materiality standards in Regulation 18702.1;
				  or
(C) The official knows or has
				  reason to know that the individual has an interest in real property and:
(i) The property is a named party in, or the
				  subject of, the decision as defined in Regulations 18701(a) and 18702.2(a)(1)
				  through (6); or
(ii) There is clear
				  and convincing evidence the decision would have a substantial effect on the
				  property.
(3)
				  The source is a nonprofit organization and one of the following applies:
(A) The decision may result in an increase or
				  decrease of the organization's annual gross receipts, or the value of the
				  organization's assets or liabilities, in an amount equal to or more than:
(i) $1,000,000; or
(ii) Five percent of the organization's
				  annual gross receipts and the increase or decrease is equal to or greater than
				  $10,000.
(B) The decision
				  may cause the organization to incur or avoid additional expenses or to reduce
				  or eliminate expenses in an amount equal to or more than:
(i) $250,000; or
(ii) One percent of the organization's annual
				  gross receipts and the change in expenses is equal to or greater than
				  $2,500.
(C) The official
				  knows or has reason to know that the organization has an interest in real
				  property and:
(i) The property is a named
				  party in, or the subject of, the decision under Regulations 18701(a) and
				  18702.2(a)(1) through (6); or
(ii)
				  There is clear and convincing evidence the decision would have a substantial
				  effect on the property.
(4) The source is a business entity that will
				  be financially affected under the materiality standards in Regulation
				  18702.1.
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 18702.6 - Material Financial Effect: Source of Income or Gifts Who is an Individual Indirectly Involved in the Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-17-88; operative 11-16-88 (Register 88, No. 43).
2.
					 Repealer 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).
Note: Authority cited: Section
						83112,
						Government Code. Reference: Section
						87103,
						Government Code.
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 18703 - Public Generally

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General Rule. A governmental decision's financial effect on a public official's
				  financial interest is indistinguishable from its effect on the public generally
				  if the official establishes that a significant segment of the public is
				  affected and the effect on the official's financial interest is not unique
				  compared to the effect on the significant segment.
(b) A significant segment of the public is:
(1) At least 25 percent of:
(A) All businesses or non-profit entities
				  within the official's jurisdiction;
(B) All real property, commercial real
				  property, or residential real property within the official's jurisdiction;
				  or
(C) All individuals within the
				  official's jurisdiction.
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 18703.1 - Economic Interest, Defined: Business Entities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-12-90; operative 10-12-90 (Register 90, No. 43).
2.
					 Amendment filed 3-26-96; operative 3-26-96 pursuant to Government Code section
					 11343.4(d)
					 (Register 96, No. 13).
3. 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).
4. Change without regulatory effect amending
					 section heading filed 3-26-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 13).
5. Editorial correction of
					 HISTORY 3 (Register 2000, No. 25).
6. Amendment of subsections (a)
					 and (e) filed 2-13-2001. 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 2001, No. 7).
7. Change
					 without regulatory effect amending subsections (c) and (e) filed 10-6-2003
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 41).
8. Amendment of first paragraph
					 and subsection (c) and repealer of subsection (d)(3) filed 3-11-2004; operative
					 3-11-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 11).
9. Repealer filed 8-12-2014; operative
					 9-11-2014 pursuant to title 2, section
					 18312(e)(1) of the
					 California Code of Regulations. Submitted to OAL for filing and printing
					 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 2014, No.
					 33).
Note: Authority cited: Section
						83112,
						Government Code. Reference: Sections
						87100,
						87102.5,
						87102.6,
						87102.8
						and
						87103,
						Government Code.
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 18703.2 - Economic Interest, Defined: Real Property. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 11-29-93; operative 12-29-93 pursuant to Government Code section
					 11346.2(d)
					 (Register 93, No. 49).
2. Change without regulatory effect amending
					 first paragraph filed 4-11-96 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 96, No. 15).
3. Change without regulatory
					 effect amending section heading filed 7-18-96 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 96, No. 29).
4. 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).
5. Change without regulatory effect amending
					 section heading filed 3-26-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 13).
6. Editorial correction of
					 HISTORY 4 (Register 2000, No. 25).
7. Amendment of subsection (a)
					 filed 2-13-2001. 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 2001, No. 7).
8. Amendment of
					 subsection (a) filed 3-11-2004; operative 3-11-2004 pursuant to Government Code
					 section
					 11343.4
					 (Register 2004, No. 11).
9. Repealer filed 5-18-2015; operative
					 6-17-2015. 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) (Register 2015, No. 21).
Note: Authority cited: Section
						83112,
						Government Code. Reference: Sections
						87100,
						87102.5,
						87102.6,
						87102.8
						and
						87103,
						Government Code.
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 18703.5 - Economic Interest, Defined: Personal Finances. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 11-21-88; operative 12-21-88 (Register 88, No. 48).
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. Change without regulatory effect amending
					 section heading filed 3-26-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 13).
4. Editorial correction of
					 HISTORY 2 (Register 2000, No. 25).
5. Amendment of section heading
					 and section filed 1-17-2001; operative 2-1-2001. 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 2001, No.
					 3).
6. Amendment filed 3-11-2004; operative 3-11-2004 pursuant to
					 Government Code section
					 11343.4
					 (Register 2004, No. 11).
7. Repealer filed 5-18-2015; operative
					 6-17-2015. 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) (Register 2015, No. 21).
Note: Authority cited: Section
						83112,
						Government Code. Reference: Sections
						87100,
						87102.5,
						87102.6,
						87102.8
						and
						87103,
						Government Code.
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 18704 - Making, Participating in Making, or Using or Attempting to Use Official Position to Influence a Government Decision, Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Making a Decision. A public official
				  makes a governmental decision if the official authorizes or directs any action,
				  votes, appoints a person, obligates or commits the official's agency to any
				  course of action, or enters into any contractual agreement on behalf of the
				  official's agency.
(b)
				  Participating in a Decision. A public official participates in a governmental
				  decision if the official provides information, an opinion, or a recommendation
				  for the purpose of affecting the decision without significant intervening
				  substantive review.
(c) Using
				  Official Position to Attempt to Influence a Decision. A public official uses an
				  official position to influence a governmental decision if the official:
(1) Contacts or appears before any official
				  in the official's agency or in an agency subject to the authority or budgetary
				  control of the official's agency for the purpose of affecting a decision;
				  or
(2) Contacts or appears before
				  any official in any other government agency for the purpose of affecting a
				  decision, and the public official acts or purports to act within the official's
				  authority or on behalf of the official's agency in making the
				  contact.
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 18704.1 - Determining when a Public Official is Making a Governmental Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former section
					 18702.1 to section
					 18704.1, including amendment of
					 section heading and 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). For prior
					 history of section
					 18704.1, see Register 2015, No.
					 6.
2. Repealer filed 6-22-2015; operative 7-22-2015. Submitted to
					 OAL for filing and printing only 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. 26).
Note: Authority cited: Section
						83112,
						Government Code. Reference: Sections
						81002,
						81003,
						87100,
						87101,
						87105 and
						87200,
						Government Code.
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 18704.2 - Determining when a Public Official is Participating in Making a Governmental Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former section
					 18702.2 to section
					 18704.2, including amendment of
					 section heading and 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). For prior
					 history of section
					 18704.2, see Register 2014, No.
					 18.
2. Repealer filed 6-22-2015; operative 7-22-2015. Submitted to
					 OAL for filing and printing only 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. 26).
Note: Authority cited: Section
						83112,
						Government Code. Reference: Section
						87100,
						Government Code.
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 18704.3 - Determining when a Public Official is Using or Attempting to Use His or Her Official Position to Influence a Governmental Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former section
					 18702.3 to section
					 18704.3, including amendment of
					 section heading and subsection (a), 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). For prior history of section
					 18704.3, see Register 2000, No.
					 25.
2. Repealer filed 6-22-2015; operative 7-22-2015. Submitted to
					 OAL for filing and printing only 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. 26).
Note: Authority cited: Section
						83112,
						Government Code. Reference: Section
						87100,
						Government Code.
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 18704.4 - Exceptions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former section
					 18702.4 to new section
					 18704.4, 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).
2. Repealer
					 filed 6-22-2015; operative 7-22-2015. Submitted to OAL for filing and printing
					 only 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.
					 26).
Note: Authority cited: Section
						83112,
						Government Code. Reference: Section
						87100,
						Government Code.
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 18704.5 - Public Identification of a Conflict of Interest for Section 87200 Filers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former section
					 18702.5 to section
					 18704.5, including amendment of
					 section heading and 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). For prior
					 history of section
					 18704.5, see Register 2015, No.
					 6.
2. Repealer filed 6-22-2015; operative 7-22-2015. Submitted to
					 OAL for filing and printing only 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. 26).
Note: Authority cited: Section
						83112,
						Government Code. Reference: Sections
						87100,
						87105 and
						87200,
						Government Code.
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 18704.6 - Consultant, Public Official Who Manages Public Investments: Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former section
					 18701 to new section
					 18704.6, including amendment of
					 section heading and 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).
2.
					 Repealer filed 6-22-2015; operative 7-22-2015. Submitted to OAL for filing and
					 printing only 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.
					 26).
Note: Authority cited: Section
						83112,
						Government Code. Reference: Sections
						82019,
						82048,
						87100,
						87200 and
						87302,
						Government Code.
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 18705 - Legally Required Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A public official who has a financial
				  interest in a decision or has received a disqualifying contribution under
				  Section 84308 may establish that the
				  official is legally required to make or to participate in the making of a
				  governmental decision within the meaning of Section
				  87101 only if there exists no
				  alternative source of decision consistent with the purposes and terms of the
				  statute authorizing the decision.
(b) Whenever a public official who has a
				  financial interest in a decision or has received a disqualifying contribution
				  under Section
				  84308 is legally required to make
				  or to participate in making such a decision, the official, or an employee of
				  the agency on behalf of the official, shall state the existence of the
				  potential conflict as follows:
(1) The
				  official or employee shall disclose the existence of the conflict and describe
				  with particularity the nature of the economic interest. "Particularity" as used
				  in this regulation shall be satisfied if the official or employee discloses:
(A) whether the conflict involves an
				  investment, business position, interest in real property, or the receipt of
				  income, loan, gift, or contribution;
(B) if the interest is an investment, the
				  name of the business entity in which each investment is held; if the interest
				  is a business position, a general description of the business activity in which
				  the business entity is engaged; if the interest is real property, the address
				  or another indication of the location of the property, unless the property is
				  the official's principal or personal residence, in which case the official or
				  employee shall disclose this fact. For income, loans or gifts, the official or
				  employee shall disclose the person or entity that is the source. For
				  contributions, the official or employee shall disclose that the official has
				  received contributions from a party or participant greater than $250 within the
				  preceding 12 months and the name of the party or participant who made the
				  contributions.