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California Regulations § 18361.6 Probable Cause Presentation by Civil or Criminal Prosecutor

Up to Chapter 3: Fair Political Practices Commission

Regulation Text

The Executive Director may permit any civil or criminal prosecutor, within the meaning of Government Code sections 91001 and 91001.5 , to present a case for determination of probable cause under the procedures of regulation 18361.4 and to present such a case to the Commission at an administrative hearing if probable cause is found. When the Executive Director authorizes such a presentation, the Executive Director may require that the prosecutor prepare the probable cause report described in subdivision (a) of regulation 18361.4 and present the case at any probable cause conference or administrative hearing that is held.

Source

1. New section filed 10-26-2004; operative 11-25-2004 (Register 2004, No. 44). 2. Amendment filed 5-12-2021; operative 6-11-2021 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 2021, No. 20).

History

1. New section filed 10-26-2004; operative 11-25-2004 (Register 2004, No. 44). 2. Amendment filed 5-12-2021; operative 6/11/2021 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 2021, No. 20 ).

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