§ 18329. Formal Written Advice and Informal Assistance.
2 CA ADC § 18329Barclays Official California Code of Regulations
2 CCR § 18329
§ 18329. Formal Written Advice and Informal Assistance.
(a) General. Commission staff provides formal written advice and informal assistance to persons subject to the Act to facilitate compliance with the requirements of the Act. Advice provided by Commission staff does not establish legal precedent and is not binding on any party, except to the extent formal written advice provides the requestor with immunity within the parameters set forth in Section 83114(b). However, written advice may provide guidance to other parties in similar circumstances for purposes of determining the requirements of the Act. Written advice is not an Opinion of the Commission under Section 83114(a), nor a declaration of policy by the Commission. It may be subject to further review and action by the Commission.
(B) A statement of the material facts. If additional facts are needed, Commission staff will contact the requestor. If a requestor fails to respond to a request for additional information within 14 days, Commission staff may decline to provide formal advice under subdivision (b)(6)(C). The time period for formal written advice begins upon receipt of the additional information.
(3) Time for response. Commission staff will provide formal written advice within 21 working days of receiving the request or, where applicable, receiving the additional information requested by Commission staff. The General Counsel may extend the time for the response upon a determination of good cause.
(E) Regards an unsettled area of law, or an area of the law susceptible to multiple reasonable interpretations, and thus presents one or more issues that require an interpretation best considered through the Commision Opinion process set forth in Regulation 18320, the regulatory process, or a legislative action;
(ii) Where advice may be provided without construing the unsettled law or interpretation issue, Commission staff may provide advice or assistance to the requestor to facilitate timely compliance with the Act pending further action by the Commission. Advice or assistance provided under this provision will be reported to the Commission pursuant to subdivision (d)(1).
(F) Presents an overly broad, or hypothetical question that lacks a specific issue or accompanying facts necessary to evaluate and analyze the required elements of compliance with the Act. However, if the request presents hypothetical facts that represent an intended course of conduct, or sufficiently identifies the area of the Act at issue, the General Counsel may treat it as an informal assistance request under subdivision (c);
(7) Reconsideration. General Counsel may amend a formal advice letter, or reconsider a decision to decline advice, if the requestor provides sufficient additional relevant facts to satisfy the requirements of this subdivision. The requestor may challenge formal written advice by seeking a Commission Opinion pursuant to Regulation 18320.
(1) Request. A request for informal assistance may be made either orally or in writing and by any person whose duties under the Act are in question, or that person's authorized representative, by any person with a duty to advise other persons relating to their duties or actions under the Act, or by any agency whose members or employees are subject to the provisions of the Act.
(E) Presents a question too complex or otherwise inappropriate for resolution by informal assistance. Where appropriate, Commission staff will notify the requestor that a request may be made for formal written advice pursuant to subdivision (b), or for a Commission Opinion pursuant to Regulation 18320;
(1) Reports to the Commission. The Commission may periodically require a report of formal written advice issued by Commission staff. The report may include assistance or advice provided pursuant to subdivision (b)(6)(E)(ii). The report will be part of the Commission meeting agenda and may be noticed for Commission review and action regarding the reported advice letters.
(C) Regards an unsettled area of law, or an area of the law susceptible to multiple reasonable interpretations, and thus presents issues that require an interpretation best considered through the Commission Opinion process set forth in Regulation 18320, the regulatory process, or a legislative action.
Credits
Note: Authority cited: Section 83112, Government Code. Reference: Section 83114(b), Government Code.
History
1. New section filed 5-10-76 as an emergency; effective upon filing (Register 76, No. 20).
2. Certificate of Compliance filed 7-28-76 (Register 76, No. 31).
3. Repealer and new section filed 3-31-77; effective thirtieth day thereafter (Register 77, No. 14).
4. Amendment of subsections (c)-(g) filed 11-2-78; effective thirtieth day thereafter (Register 78, No. 44).
5. Amendment of section heading filed 10-29-81; effective thirtieth day thereafter (Register 81, No. 44).
6. Amendment of subsection (g) filed 7-14-83; effective thirtieth day thereafter (Register 83, No. 29).
7. Repealer and new section filed 7-16-85; effective thirtieth day thereafter (Register 85, No. 29).
8. Repealer and new section filed 7-22-2019; operative 8-21-2019 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 2019, No. 30).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 2, § 18329, 2 CA ADC § 18329
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