(a) This section shall be known, and may be cited, as the Quentin L. Kopp Conflict of Interest Act of 1990. (b) Prior to rendering any decision in any adjudicatory proceeding pending before the State Board of Equalization, each member who knows or has reason to know that the member received a contribution or contributions within the preceding 12 months in an aggregate amount of two hundred fifty dollars ($250) or more from a party or partyâs agent, or from any participant or participantâs agent, shall disclose that fact on the record of the proceeding. (c) No member shall make, participate in making, or in any way attempt to use the memberâs official position to influence, the decision in any adjudicatory proceeding pending before the board if the member knows or has reason to know that that member received a contribution or contributions in an aggregate amount of two hundred fifty dollars ($250) or more within the preceding 12 months from a party or partyâs agent, or from any participant or participantâs agent, and if the member knows or has reason to know that the participant has a financial interest in the decision, as that term is used in Article 1 (commencing with Section 87100) of Chapter 7 of Title 9. (d) Notwithstanding subdivision (c), if a member receives a contribution which would otherwise require disqualification under subdivision (c), and the member returns the contribution within 30 days from the time the member knows, or has reason to know, about the contribution and the adjudicatory proceeding pending before the board, the memberâs participation in the proceeding shall be deemed lawful. (e) A party to, or a participant in, an adjudicatory proceeding pending before the board shall disclose on the record of the proceeding any contribution or contributions in an aggregate amount of two hundred fifty dollars ($250) or more made within the preceding 12 months by the party or participant, or the partyâs or participantâs agent, to any member of the board. (f) When a close corporation is a party to, or a participant in, an adjudicatory proceeding pending before the board, the majority shareholder is subject to the disclosure requirement specified in this section. (g) For purposes of this section, if a deputy to the Controller sits at a meeting of the board and votes on behalf of the Controller, the deputy shall disclose contributions made to the Controller and shall disqualify the deputy from voting pursuant to the requirements of this section. (h) For purposes of this section: (1) âContributionâ has the same meaning prescribed in Section 82015 and the regulations adopted thereto. (2) âPartyâ means any person who is the subject of an adjudicatory proceeding pending before the board. (3) âParticipantâ means any person who is not a party but who actively supports or opposes a particular decision in an adjudicatory proceeding pending before the board and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7 of Title 9. A person actively supports or opposes a particular decision if the person lobbies in person the members or employees of the board, testifies in person before the board, or otherwise acts to influence the members of the board. (4) âAgentâ means any person who represents a party to or participant in an adjudicatory proceeding pending before the board. If a person acting as an agent is also acting as an employee or member of a law, accounting, consulting, or other firm, or a similar entity or corporation, both the entity or corporation and the person are agents. (5) âAdjudicatory proceeding pending before the boardâ means a matter for adjudication that has been scheduled and appears as an item on a meeting notice of the board as required by Section 11125 as a contested matter for administrative hearing before the board members. A consent calendar matter is not included unless the matter has previously appeared o
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