(a) The Attorney General may bring an enforcement action in superior court against a decisionmaker or employee of the commission who knowingly and willfully violates, fails to comply with, or procures, aids or abets any violation of, the ex parte communication requirements in this article or those adopted by the commission pursuant to this article.
(b) Notwithstanding Section 1759, in an enforcement action brought pursuant to this section, the court may grant appropriate relief, including disqualification of the decisionmaker from one or more proceedings and civil penalties as provided in Section 2111.
(c) In determining the appropriate relief, the court may consider the following factors:
(1) The severity of the violation.
(2) The conduct of the decisionmaker or employee.
(3) The financial resources of the decisionmaker or employee.
(4) The totality of the circumstances in furtherance of the public interest.
(d) The Attorney General may compromise the enforcement action subject to approval by the court.
(e) Civil penalties collected pursuant to this section shall be deposited into the Litigation Deposits Fund established pursuant to Article 9 (commencing with Section 16425) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code.
(Added by Stats. 2016, Ch. 807, Sec. 8. (SB 215) Effective January 1, 2017.)
Last modified: October 25, 2018