1. (a) communications specifically authorized by statute and required for the disposition of an adjudicatory matter;
2. (b) the communication involves a matter of procedure or practice that is not in controversy;
3. (c) the communication is from an employee or representative of BCDC who has not served as an investigator, prosecutor, or advocate during the proceeding or in its pre-adjudicative stage and whose purpose is to assist or advise the Commission;
4. (d) the communication is from an employee or representative of BCDC and concerns a settlement proposal advocated by the employee or representative; and
5. (e) the communication is from an employee or representative of BCDC and involves a non-prosecutorial proceeding.

The following types of ex parte communications are not prohibited by these regulations and do not require any disclosure into the record:

Note: Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.20, 11430.30, 66632, 66638 and 66641.6, Government Code; and Sections 29520, 29524, 29601, 29610 and 29611, Public Resources Code.

History

1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).

2. Amendment of subsection (c) and Note filed 8-2-2022; operative 10-1-2022 pursuant to Government Code section 11343.4(a) (Register 2022, No. 31). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.