Ex Parte Communication Requirements
Ex parte communications raise due process and fair hearing concerns because Commission decisions must be based on information that has been provided to all parties and the public, and also must be based on material contained only in the administrative record. The memorandum on ex parte communications explains the prohibition on ex parte communications, and Commissioners’ duties to disclose and report such communications if they occur to preserve the integrity of the Commission’s decision-making process. The Commission’s regulations prohibit ex parte communications in adjudicatory actions (permit, consistency and enforcement actions) before the Commission. (Cal Code Regs., tit. 14, § 10283(a).) If a prohibited ex parte communication nevertheless occurs, the regulations require Commissioners to disclose the content of the communication on the record, and to submit to the Executive Director a copy of any written communication, including any response, or a memorandum that includes the substance of any oral communication, including any response, and identifies the party or parties involved. (Id. § 10283(c), (d), (e)).
If an ex parte communication occurs for any permit application, enforcement action or consistency review determination, you may send the ex parte disclosure form (Word // Pdf) to email@example.com or can contact Commission legal staff at (415) 352-3600.
If you do not already have Adobe Acrobat installed on your computer, you should download the free Acrobat Reader from Adobe's web site at www.adobe.com, download instructions are available on the Adobe web site. Once you have downloaded the Acrobat Reader you can view PDF documents in your web browser if it supports plug-ins, or if it does not support plug-ins, you can save the file(s) to your hard drive and view and save them by opening them in Acrobat Reader.