California Administrative Code

The Administrator shall commence a hearing by service of a notice of hearing.

Whenever the Local Agency Deposit Security Law or this Chapter provides for the filing of a request for a hearing with the Administrator, such request shall be in writing, addressed to the Administrator, and if made by depository or agent of depository, executed on behalf of such…

A notice of hearing shall contain the following: (a) Brief statement of the facts which give rise to the hearing. (b) Statement of the issues to be considered at the hearing. (c) Time and place of the hearing.

A notice of hearing shall be served as provided in this Chapter and, in addition, may be otherwise distributed or published as the Administrator may order.

For purposes of Government Code Section 53652 and this Chapter, any item (other than cash) deposited with a depositary shall be deemed to be uncollected funds, as follows: (a) In case the item is a check or draft which is drawn on, payable at, or payable through an office of a ba…

For purposes of this Chapter, for a person to accept or to continue to accept a statement in good faith requires that such person (i) be and continue to be alert to the circumstances surrounding such statement and (ii) if the person has any information which would cause a prudent…

An agent of depository shall retain each document relating to an addition of a security, a withdrawal of a security, or a substitution of securities, or a copy thereof, for a period of not less than two years after such addition, withdrawal, or substitution is effected; provided,…

An agent of depository shall segregate securities which it holds for the purpose of securing secured local agency deposits and keep such securities separate and apart from other securities held by it; and whenever an agent of depository holds two or more security pools, such agen…

The Federal Home Loan Bank of San Francisco or a trust company or state or national bank located in this State and authorized to engage in the trust business in this State is eligible to act as agent of depository if it has filed with the Administrator an agreement of agent of de…

(a) In case the Federal Home Loan Bank of San Francisco intends to act as agent of depository, it shall file with the Administrator an agreement in form satisfactory to the Administrator. (b) In case a trust company or state or national bank located in this State and authorized t…

An agent of depository to which a security securing a secured local agency deposit is transferred in accordance with a declaration of ineligibility and transfer order may hold, pool, place for safekeeping, and release or otherwise dispose of such security as agent of depository i…

If upon the hearing the Administrator finds that the agent of depository declared ineligible in the declaration of ineligibility and transfer order has not failed to comply with the agreement of agent of depository filed by it with the Administrator, the Administrator shall, and …

No agent of depository shall release a security from a security pool pursuant to a minus substitution of securities unless it first receives from the depository an order of substitution and statement of local agency deposits in accordance with this Article and a duly authorized o…

Whenever a security is released from a security pool pursuant to a minus substitution of securities, the agent of depository, concurrently with such release, shall serve on the Administrator a true and complete copy of the order of substitution and statement of local agency depos…

An agent of depository shall make available to the treasurer of a local agency for review by such treasurer at a mutually agreed upon time and location a report with respect to each security pool held by such agent of depository for the purpose of securing a secured local agency …

In this Subchapter, “most recent called time” means the time as of which information is provided in the called report of local agency deposits and securities relating to the security pool most recently filed with the Administrator in accordance with Article 4, Subchapter 5 of thi…

Notwithstanding the provisions of Section 16006.2.1 of this Chapter, the report required by this Subchapter may consist of a true and complete copy of the called report of local agency deposits and securities relating to the security pool most recently filed with the Administrato…

Unless the deposit contract provides otherwise, a demand for payment shall be executed by the treasurer or other authorized official of the local agency.

Unless the deposit contract provides otherwise: (a) A demand for payment shall be deemed to be presented to a depository when delivered to any officer or employee of such depository at the office of such depository where the local agency deposit is maintained; provided, however, …

In the event of any default of a depository, the treasurer of the local agency shall file with the Administrator a notice of default of depository in accordance with this Article.

Whenever an agent of depository makes payment to a treasurer in accordance with a conversion and payment instruction, such agent of depository shall obtain from such treasurer a receipt in quadruplicate for such payment, executed by the treasurer or by a person authorized to act …

The Administrator may order an agent of depository which holds a security for the purpose of securing a secured local agency deposit in a depository not to release any such security whenever: (a) In case such depository is a state bank, the Superintendent of Banks of the State of…

Should the Board determine that is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price or compensation provisions in the initial instance, provided that the Board shall have determined that the firm is…

For the purpose of the provisions of Education Code Sections 17462, 17462.3, and 17463.7, the terms set forth below shall have the following meanings: “Apportionment” means a reservation of funds for the purpose of the purchase of real property, modernization of real property, or…

For the purpose of the provisions of Education Code Section 17462.3(a)(3) and (b): (a) Moneys shall be considered received on the date the Board approved an Apportionment. (b) The real property is considered sold on the date of the title transfer. (c) Sale of real property shall …

(a) Except for those positions designated as unclassified under (b), the Local Agency shall allocate every Program position to a Classification consistent with the Local Agency's approved Personnel System that is appropriate for the duties of the position. (b) Every Local Agency …

(a) Any school district, county office of education, or Charter School that sells real property and is subject to the provisions of Education Code Section 17462.3(a) is required to submit a completed Form SAB 308 to the OPSC within 90 calendar days of the sale of the real propert…

(a) At the conclusion of the selection process, the Department shall provide to the Local Agency a list of applicants and the scores each applicant achieved in the selection process for the Program position. The Local Agency shall follow its Personnel System to certify the approp…

(a) Applicants to Program positions may appeal to the Department actions and decisions made in the Local Agency selection process on the following grounds: (1) for alleged irregularity, discrimination, bias, or fraud in one or more steps in an examination. (2) for alleged imprope…

Local Agencies shall provide training to Program employees pursuant to the Personnel System in the same manner established for other Local Agency employees. The Department may review the Local Agency's training policy and practices as necessary to ensure compliance with the Feder…

There shall be no examination fee except that an applicant may be required to furnish certain medical examination information without expense to the state. Note: Reference: Sections 18931 and 19261, Government Code.

The Department may gather and maintain information regarding the success or failure of applicants by ethnic group, disability, and sex in State civil service examinations. Such information may be voluntarily provided by the applicant on a detachable section of the application.

(a) The estimated average daily attendance of a school district for site purchase and/or plans preparation applications in advance of an application for construction on such site pursuant to Section 16039 of the Act may be computed as prescribed by this section under the followin…

(a) The allowable school building area for a school district as a whole, including building area that is located other than at an attendance center, shall not exceed the sum of the allowable building area for the attendance centers of the district as determined in accordance with…

(a) For the purpose of computing the building area allowance for small elementary schools in accordance with Section 16047 of the Education Code, the following shall apply: (1) In an applicant district maintaining any combination of grades kindergarten through 6 with an estimated…

(a) The Board shall determine the allowable area and number of portable classrooms for the leasing of which it may make an apportionment pursuant to Education Code Section 16015. For this purpose, the Board may take into account any facilities which the district has already lease…

(a) Except as otherwise provided by law, an agency responsible for maintaining original reports, statements, forms, and other documents required under the Act may receive such filings: (1) In paper format with the filer's handwritten signature; or (2) In electronic format with th…

(a) For the purposes of this regulation, “service area” may be defined as: (1) Buildings which when constructed were intended to be used for a purpose to which the provisions of Education Code Sections 39140 to 39155, inclusive, would not apply, whether or not such sections were …

(a) It shall be the duty of a filing officer pursuant to Government Code section 81010(b) in connection with the filing of candidate and committee campaign statements pursuant to Chapter 4 or 5 of the Political Reform Act to determine whether required documents have been filed. (…

Members of the Fair Political Practices Commission shall not accept honoraria or fees for speeches, public appearances, interviews or similar services arising primarily out of the members' positions on the Commission. For purposes of this regulation, honoraria or fees include onl…

For purposes of Section 87500.3(d)(2)(C), family member includes an official's spouse or former spouse including a registered domestic partner or former registered domestic partner; child or step-child; parent; grandparent; grandchild; brother; sister; current or former parent-in…

(a) A treasurer may be held liable for a violation of the Act for failing to abide by the duties specified in Sections 84100 and 84104, and Regulation 18427. (b) Consistent with the provisions of Section 83116.5, a treasurer may be held jointly and severally liable for a violatio…

(a) The Political Reform Act (Sections 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission (“Commission”) has adopted a regulation (2 California Code of Regulations Section 18730)…

(a) General. Commission staff provides formal written advice and informal assistance to persons subject to the Act to facilitate compliance with the requirements of the Act. Advice provided by Commission staff does not establish legal precedent and is not binding on any party, ex…

(a) Maintenance of Documents A candidate, treasurer, and elected officer has a duty to maintain detailed accounts, records, bills, and receipts as necessary to prepare campaign statements and comply with the provisions of Chapters 4 and 5 commencing with Section 84100 of the Act.…

(a) Production of Enforcement Records. The Commission will make complaints, investigative files, and related records available to the public and members of the media in accordance with the Public Records Act (Government Code Section 6250, et seq.) Enforcement records requests sho…

(a) Property, real or personal, replaced through an apportionment shall be disposed of pursuant to these regulations in a manner approved by the Executive Officer and the net proceeds therefrom contributed as a reduction of any apportionment pursuant to Education Code Section 160…

(a) Requirements for Termination. Except for committees described in subdivision (b), (c), or (g), a committee that qualifies pursuant to Section 82013(a) may terminate the committee if the committee has: (1) Ceased receiving contributions and making expenditures and does not ant…

(a) Bases for Administrative Termination. The Chief of the Enforcement Division may terminate a recipient committee if the committee failed to: (1) File a campaign statement in the previous 12 months, and the committee had an ending cash balance of $3,000 or less on its last camp…