1. (a) A “participant” means any person who is not a party but who actually supports or opposes a particular decision in an adjudicatory proceeding pending before the board and who has a financial interest in the decision.

2. (b) For purposes of Government Code Section 15626, a person actually “supports or opposes a particular decision” when he or she:

   1. (1) Communicates directly, either in person or in writing, with a board member or employees of the board for the purpose of influencing the decision in a proceeding; and/or
   2. (2) Testifies or makes an oral statement before the board during an adjudicatory proceeding pending before the board for the purposes of influencing the decision of the board; and/or
   3. (3) Communicates with the employees of the board, or when his or her agent lobbies in person, testifies in person or otherwise communicates with board members and/or the employees of the board, for the purpose of influencing the board member's decision in a proceeding and the board member knows or has reason to know that the communication has occurred.
3. (c) A person does not “actively support or oppose a particular decision” when he or she communicates to the public at large, other than those oral or written communications made in proceedings before the agency.
4. (d) “Financial interest” has the meaning described in Article I (commencing with Section 87100) of Chapter 7 of Title 9 of the Government Code.
5. (e) A Political Action Committee organized pursuant to 2 U.S.C. Section 441(a)-(b) and/or Government Code Section 82013 is not considered a participant under Government Code Section 15626.
6. (f) When a close corporation is a participant in an adjudicatory proceeding pending before the board, the majority shareholder is subject to the disclosure requirements of Government Code Section 15626.

History

1. New section filed 7-21-94; operative 8-22-94 (Register 94, No. 29).