§ 11810. Prohibition Against Unlawful Practices.

(a) No person or entity seeking the award of a contract for consultant services pursuant to this chapter shall offer any rebate, kickback, or other unlawful consideration to any Commission member or Commission staff member.

(b) No Commission member of Commission staff member shall accept any rebate, kickback, or other unlawful consideration in connection with the process of selecting a Commission consultant pursuant to this chapter.

(c) No Commission member or Commission staff member shall participate in any way in the selection of a Commission consultant pursuant to this chapter if the Commission member or Commission staff member has a “financial interest” in the person or entity seeking the consultant contract.

(d) The Executive Director shall give notice to all Commission members and Commission staff members on January 2 of each year that state law prohibits those Commissioners and Commission staff members who participate in the award of any consultant contract pursuant to this chapter from receiving any form of rebate, kickback, or other unlawful consideration from any person or entity who seeks such a contract or from having a “financial interest” in any person or entity who seeks such a contract.

(e) The Executive Director shall also ensure that any request for an annual statement of qualifications and performance data published pursuant to section 11830 of this chapter, any request for a statement of qualifications and performance data published pursuant to section 11850 of this chapter, and the contract itself shall also include language that specifically prohibits any form of rebate, kickback, or other unlawful consideration and that prohibits any person who has a financial interest in the outcome of the selection process from participating in the selection process in any way.

HISTORY

1. New chapter 18 and section filed 10-31-94; operative 11-30-94 (Register 94, No. 44).

2. Editorial correction moving Chapter 18, sections 11810 through 11890, after Appendix M following section 11718 (Register 95, No. 17).

Note

Note: Authority cited: Section 66632(F), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code.