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California Regulations § 60846 Written Public Comments and Responses

Up to Article 1: Application Process

Regulation Text

(a) Beginning on the date that the names of the successful Phase I applicants are posted on the State Auditor's Office's website, and continuing throughout the remainder of the application process until the 14 members of the commission are selected, the State Auditor's Office shall provide opportunities for the public to submit written comments regarding the applicants being considered. The State Auditor's Office shall post a form for submitting written comments on its website. The public may submit comments electronically or by facsimile, United States mail, or other common carrier.
(b) The panel may only consider written comments that it receives regarding applicants who have been placed in a pool of applicants for the panel's evaluation and have not been removed. To be considered by the panel, a written comment must satisfy all of the following requirements:
(1) The State Auditor's Office received the written comment prior to the deadline established by the State Auditor's Office for receiving written comments concerning the applicants being considered during the current phase of the application process.
(2) The comment contains specific facts related to an applicant's eligibility and qualifications to serve as a member of the commission or is related to the accuracy of any statement made by the applicant as part of the application process.
(3) The information that is contained in the comment appears sufficiently credible to warrant consideration.
(4) The name and contact information for the person providing the comment is included in the comment.
(5) The comment contains a certification by the person providing the comment that the information included in the comment is true and correct and based on the author's personal knowledge.
(c) Subject to the provisions of California Code of Regulations, title 2, section 60842 , subdivision (f), the State Auditor's Office shall, as soon as practicable, post on its website all written comments that may be considered by the panel pursuant to subdivision (b), including, the name of the person providing the comment.
(d) The State Auditor's Office shall send a copy of any written comments received about an applicant to the applicant, with a notice stating how the applicant may submit a written response and the deadline for submitting the response.
(e) Written comments and responses about an applicant submitted during any phase of the application process shall be included in the applicant's application materials and may be considered in the evaluation of the applicant during all subsequent phases of the application process during which the applicant remains in a pool of applicants being evaluated for selection to the commission. Comments and responses received after the deadline for receiving comments during a particular phase of the application process may be considered in the evaluation of the applicant during a subsequent phase provided the applicant remains in a pool of applicants being considered for selection to the commission.

Source

1. New section filed 11-5-2009; operative 11-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 45). 2. Amendment of subsections (a), (c) and (e) filed 9-2-2010; operative 9-3-2010 pursuant to Government Code section 11343.4 . Submitted to OAL for printing only (Register 2010, No. 36). 3. Change without regulatory effect amending subsections (a), (b)(1) and (c)-(d) filed 1-7-2019 pursuant to section 100 , title 1, California Code of Regulations (Register 2019, No. 2).

History

1. New section filed 11-5-2009; operative 11-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 45). 2. Amendment of subsections (a), (c) and (e) filed 9-2-2010; operative 9-3-2010 pursuant to Government Code section 11343.4 . Submitted to OAL for printing only (Register 2010, No. 36). 3. Change without regulatory effect amending subsections (a), (b)(1) and (c)-(d) filed 1-7-2019 pursuant to section 100, title 1, California Code of Regulations ( Register 2019, No. 2 ).

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