FPPC staff proposes tighter deadlines, limits on discovery in probable-cause conferences

Senior Commission Counsel John Fizer presented proposed amendments to regulation 18361.4 that would narrow the scope and speed the probable-cause conference used in enforcement of the Political Reform Act.

Fizer said the amendments were “prompted by the Commission's request that staff provide recommendations to limit delay in the completion of probable cause proceedings” and explained the package would remove provisions for records production, set firm deadlines for scheduling, and eliminate witnesses and supplemental evidence after the probable-cause hearing.

The proposal would align the probable-cause step more closely with other preliminary procedures and reduce administrative delay before full adjudication under the Administrative Procedure Act, Fizer said. He emphasized that a probable-cause conference is preliminary: “A probable cause conference is not a trial. Instead,…