Section 10288 - Ex Parte Communications After the Close of the Public Hearing and After the End of the Time Period for Receipt of Written Communications; Public Comments and Responses(a) If an ex parte communication occurs after the close of the public hearing or the deadline for submitting written comments but before the Commission has voted on the matter that is the subject of the communication, the ex parte communication shall be disclosed as required by Section 10283 and notice of the communication shall be provided as required by Section 10286.(b) The Commission Chair or the Commission may determine that the communication contains new or different information pertinent to the decision being made. The Commission Chair or the Commission may also determine that reopening the public hearing is therefore necessary to protect the integrity of the decision-making process.(c) If the Commission chair or the Commission makes both such determinations, it shall circulate the communication to the entire Commission and may reopen the public hearing to allow the public sufficient opportunity to comment on and to rebut the information contained in the communication unless a legal deadline for voting prevents reopening the hearing.(d) If necessary, either the deadline for Commission voting shall be extended or the Commission shall deny the application because of the public's inability to comment on the new or different information.(e) If a conflict occurs between this section and Commission Regulation Section 10430, this section shall take precedence.Cal. Code Regs. Tit. 14, § 10288
1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
2. Amendment of subsection (a) 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. Note: Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.50, 66632, 66638 and 66641.6, Government Code; and Sections 29520, 29524, 29601, 29610 and 29611, Public Resources Code.
1. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
2. Amendment of subsection (a) 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.