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FPPC delays vote on probable-cause rule changes after due-process objections
Summary
The Fair Political Practices Commission postponed action on proposed amendments to probable-cause procedures after public commenters and several commissioners raised concerns that removing document production and witness participation could harm respondents’ due process and reputations; the item was sent back for further stakeholder engagement and return in March.
The Fair Political Practices Commission on Jan. 15 postponed action on proposed amendments to Regulation 18361.4 that staff said would speed probable-cause proceedings by removing provisions for document production, limiting witness participation and imposing firmer deadlines.
Senior Commission Counsel John Fizer told the commission the changes are meant to “return the probable-cause process to its statutory intent” under Government Code section 83115.5 and to avoid unnecessary delay and expense caused by formal discovery at the preliminary stage. He said probable cause is intended as a gatekeeping step, not an adjudication, and that respondents retain full administrative-procedure act protections later in the process.
Members of the regulated bar and outside commentators urged caution. Casey Jenkins of the…
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