1. (a) The Commission may designate, as a precedent decision, any decision or part of any decision that contains a significant legal or policy determination of general application that is likely to recur.
2. (b) Once the Commission designates a decision or part of a decision as precedent, the Commission may rely on it or that part of it as precedent and the parties may cite such decision in their argument to the Commission and courts.
3. (c) The Commission may reverse in whole or in part the prior designation of a decision as a precedent decision.
4. (d) Notice of intent to designate or withdraw designation of a precedent decision shall be given with the notice of a Commission meeting. Before or during the scheduled Commission meeting, members of the public may submit written or oral comments for or against the proposed action, following the Commission's standard public comment policies and procedures. The Commission may decide the issue at that meeting or put the matter over to a subsequent meeting.
5. (e) If a final judgment of a court of competent jurisdiction reverses or declares invalid a precedent decision, the Commission shall promptly modify the precedent decision to conform in all respects to the judgment of the court. The modified precedent decision shall supersede the prior precedent decision for all purposes.
6. (f) All precedent decisions shall be posted on the Commission's website with the goal of transparency and ease of research. Precedent decisions may be redacted to protect confidential information including sensitive cultural resource information.

Note: Authority cited: Section 8016, Health and Safety Code; and Section 5097.94, Public Resources Code. Reference: Section 8016, Health and Safety Code; and Section 11425.60, Government Code.

History

1. New section filed 3-4-2026; operative 7-1-2026 (Register 2026, No. 10).