Cal. Code Regs. Tit. 18, § 30215 - Application of Ethical Standards
(a) In general. Every Panel Member shall
follow ethical standards, including rules governing conflicts of interest and
ex parte communications, as prescribed by OTA .
(b) Incorporation of the Administrative
Adjudication Code of Ethics: Unless otherwise provided, Panel Members are
subject to article 16 of chapter 4.5 of part 1 of division 3 of Title 2 of the
Government Code. The term "Panel Member " shall be substituted for
"administrative law judge" in each instance. For purposes of this section,
subdivision (c) of Government Code section
11475.30
shall be interpreted to include any "Panel Member ."
(c) Ex Parte Communications. Panel Members
are subject to article 7 of chapter 4.5 of part 1 of division 3 of Title 2 of
the Government Code. For purposes of this subdivision, section
11430.10
of the Government Code, which prohibits certain ex parte communications with
parties to a pending appeal proceeding, shall apply to all OTA employees,
including support staff. Nevertheless, nothing in that article shall be
interpreted to prohibit or otherwise restrict ex parte communications regarding
purely administrative or procedural matters, or communications of a general
nature that do not relate to a particular appeal before OTA .
(d) Disqualification for cause. Any party may
file a motion to disqualify for cause any Panel Member or any other staff
member of OTA who is assigned to work on an appeal , based upon the grounds set
forth in Government Code sections
11425.30
to
11425.40,
or upon any other basis required by law. There is no right to peremptory
challenges.
(e) Non-applicability.
Sections 11430.30, subdivision (c)(2), 11430.70, subdivisions (b) and (c), and
11430.80 of the Government Code shall not apply. Notwithstanding section
11475.40
of the Government Code, Canon 3B(12) of Code of Judicial Ethics, discussing
authority to settle disputes, Panel Members shall not engage in any settlement
negotiations or offer in compromise discussions with the parties to an appeal
and Canon 3B(12) shall not apply to OTA .
(f) Conflicts. To the extent any requirements
of this section conflict with other sections of OTA 's Rules for Tax Appeals,
this section shall prevail. To the extent of any conflict with part 9.5 of
division 3 of Title 2 of the Government Code, Part 9.5 of the Government Code
shall apply.
Notes
2. Amendment of NOTE filed 3-1-2021; operative 3-1-2021. This action is exempt from OAL review pursuant to Government Code section 15679(b). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2021, No. 10).
3. Repealer and new section and amendment of NOTE filed 6-26-2023; operative 6-30-2023. This action is exempt from the Administrative Procedure Act pursuant to Government Code section 15679(b). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2023, No. 26).
Note: Authority cited: Sections 15676.2, 15679 and 15679.5, Government Code. Reference: Sections 11425.30- 11430.80, 11475- 11475.70, 15670, 15672, 15674, 15679.2 and 15679.5, Government Code.
2. Amendment of Note filed 3-1-2021; operative
3. Repealer and new section and amendment of Note filed 6-26-2023; operative
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.