Section 5024 - Ex Parte Communications(a) Hearings on appeals are subject to the ex parte communication restrictions of the Administrative Procedure Act (Gov. Code § 11430.10 et seq.). Pursuant to Government Code section 11430.10, an ex parte communication is a "communication, direct or indirect, regarding any issue in the proceeding, to the [council or council member] from an employee or representative of an agency that is a party or from an interested person outside the agency, without notice and opportunity for all parties to participate in the communication."(b) The restrictions on ex parte communications apply from the date the appeal is filed to the date that the council issues a final decision on the appeal.(c) To ensure compliance with this section, council members shall avoid ex parte communications while an appeal is pending. If a council member receives an ex parte communication, including, but not limited to, by an individual sending a letter to a council member concerning a pending appeal matter, the council member shall notify the council's legal adviser or executive officer.(d) At the first appropriate publicly noticed council meeting after an appeal is filed, the council's legal adviser shall remind the council of this ex parte communications restriction and answer questions about its scope.Cal. Code Regs. Tit. 23, § 5024
Note: Authority cited: Sections 85210 and 85225.30, Water Code. Reference: Sections 11430.10 and 11430.80, Government Code.
1. New section filed 1-24-24; operative 1/24/24 pursuant to Water Code section 85225.30. Submitted to OAL for filing with the Secretary of State and printing only pursuant to Government Code section 11343.8. (Register 2024, No. 4).