(ii) adverse consequences in the subject proceeding or in other Commission proceedings. In determining the appropriate penalties or sanctions, the Commission shall consider (i) the harm caused by virtue of the violation, (ii) the person’s or entity’s conduct in preventing, detecting, correcting, disclosing, and rectifying the violation, (iii) the amount of penalty that will achieve the objective of deterrence based on the person’s or entity’s financial resources, (iv) penalties or sanctions that the Commission has imposed under reasonably comparable factual circumstances, and (v) the totality of circumstances from the perspective of the public interest. (m) The Commission shall render its decision based on the evidence of record. Ex parte communications, and any notice filed pursuant to Rule 8.3, are not a part of the evidentiary record of the proceeding. Note: Authority cited: Section 1701, Public Utilities Code. Reference: Sections 1701, 1701.1, 1701.2, 1701.3 and 1701.4, Public Utilities Code. 8.3. (Rule 8.3) Communications at Conferences. This rule governs communications concerning any issue in an adjudicatory or ratesetting proceeding between interested persons and decisionmakers at a conference. (a) Individual oral ex parte communications are subject to the requirements of Rule 8.2. Pursuant to Rule 8.2(b), communications regarding adjudicatory proceedings are prohibited and the limited exceptions set forth in (b) and (c) apply only to ratesetting proceedings. (b) A decisionmaker’s presentation or dialogue during a question and answer session where the audience includes an interested person is not a one-way ex parte communication. (c) An interested person’s presentation or dialogue during a question and answer session where the audience includes a decisionmaker is not an ex parte communication subject to Rule 8.2(c)(2) but must be reported in the same manner as an ex parte communication pursuant to Rule 8.4(a). Note: Authority cited: Section 1701, Public Utilities Code. Reference: Sections 1701 and 1701.1, Public Utilities Code. 8.4. (Rule 8.4) Reporting Ex Parte Communications. (a) Ex parte communications that are subject to these reporting requirements shall be reported by the interested person, regardless of
11.6. (Rule 11.6) Motion for Extension of Time. Motions for extension of time limits established in these rules or in a ruling of an Administrative Law Judge or Commissioner may be made orally, by email, or by letter to the Administrative Law Judge. If other parties to the proceeding are affected by the extension, the party requesting the extension must first make a good-faith effort to ask such parties to agree to the extension. The party requesting the extension must report the results of this effort when it makes its request. If the extension is granted, the party requesting the extension shall notify all other parties to the proceeding of the extension, unless the grant of the extension is by oral ruling delivered on the record of the proceeding. If the extension is in regard to the time to file a document, the opening paragraph of the document shall indicate that the Administrative Law Judge has granted the extension. No extensions will be granted of time requirements established by statute, unless the statute permits extension or waiver of the requirement. Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Reference: Section 1701, Public Utilities Code. 11.7. (Rule 11.7) Referral to Law and Motion Judge. The assigned Administrative Law Judge may refer motions for the resolution of discovery disputes to a designated Law and Motion Administrative Law Judge. The Law and Motion Administrative Law Judge shall preside over discovery matters referred to him or her by the assigned Administrative Law Judge. The Law and Motion Administrative Law Judge may set law and motion hearings and take such other action as may be necessary and appropriate to the discharge of his or her duties. Rulings under this procedure will be deemed to be rulings in the proceeding in which the motions are filed. Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 1701, Public Utilities Code. ARTICLE 12. SETTLEMENTS 12.1. (Rule 12.1) Proposal of Settlements. (a) Parties may, by written motion any time after the first prehearing conference and within 30 days after the last day of hearing, propose settlements on the resolution of any material issue of law or fact or on a
13.11. (Rule 13.11) Briefs. The Administrative Law Judge or presiding officer, as applicable, may fix the time for the filing of briefs. Concurrent briefs are preferable. Factual statements must be supported by identified evidence of record. Citations to the transcript must indicate the transcript page number(s) and identify the party and witness sponsoring the cited testimony. Citations to exhibits must indicate the exhibit number and exhibit page number. A brief of more than 20 pages shall contain a subject index, a table of authorities, and a summary of the briefing party's recommendations following the table of authorities. Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 1701, Public Utilities Code. 13.12. (Rule 13.12) Oral Argument in Adjudicatory Proceeding. In any adjudicatory proceeding, if an application for rehearing is granted, the parties shall have an opportunity for final oral argument before the presiding officer, if a party so requests within the time and in the manner specified. Note: Authority cited: Section 1701, Public Utilities Code. Reference: Sections 1701 and 1701.2, Public Utilities Code. 13.13. (Rule 13.13) Oral Argument Before Commission. (a) The Commission may, on its own motion or upon recommendation of the assigned Commissioner or Administrative Law Judge, direct the presentation of oral argument before it. (b) In ratesetting and quasi-legislative proceedings, a party has the right to make an oral argument before the Commission, provided that the party makes such request by motion no later than the time for filing opening briefs or, if opening briefs are not permitted by the scoping memo, within the time and in the manner specified in the scoping memo or later ruling in the proceeding. A quorum of the Commission shall be present; however, a Commissioner may be present by teleconference to the extent permitted by the Bagley-Keene Open Meeting Act. Note: Authority cited: Section 1701, Public Utilities Code. Reference: Sections 1701, 1701.3 and 1701.4, Public Utilities Code.