(ii) adverse consequences in the subject proceeding or in other Commission proceedings. In determining the appropriate penalties or sanctions, the Commission shall consider (i) the harm caused by virtue of the violation, (ii) the person’s or entity’s conduct in preventing, detecting, correcting, disclosing, and rectifying the violation, (iii) the amount of penalty that will achieve the objective of deterrence based on the person’s or entity’s financial resources, (iv) penalties or sanctions that the Commission has imposed under reasonably comparable factual circumstances, and (v) the totality of circumstances from the perspective of the public interest. (m) The Commission shall render its decision based on the evidence of record. Ex parte communications, and any notice filed pursuant to Rule 8.3, are not a part of the evidentiary record of the proceeding. Note: Authority cited: Section 1701, Public Utilities Code. Reference: Sections 1701, 1701.1, 1701.2, 1701.3 and 1701.4, Public Utilities Code. 8.3. (Rule 8.3) Communications at Conferences. This rule governs communications concerning any issue in an adjudicatory or ratesetting proceeding between interested persons and decisionmakers at a conference. (a) Individual oral ex parte communications are subject to the requirements of Rule 8.2. Pursuant to Rule 8.2(b), communications regarding adjudicatory proceedings are prohibited and the limited exceptions set forth in (b) and (c) apply only to ratesetting proceedings. (b) A decisionmaker’s presentation or dialogue during a question and answer session where the audience includes an interested person is not a one-way ex parte communication. (c) An interested person’s presentation or dialogue during a question and answer session where the audience includes a decisionmaker is not an ex parte communication subject to Rule 8.2(c)(2) but must be reported in the same manner as an ex parte communication pursuant to Rule 8.4(a). Note: Authority cited: Section 1701, Public Utilities Code. Reference: Sections 1701 and 1701.1, Public Utilities Code. 8.4. (Rule 8.4) Reporting Ex Parte Communications. (a) Ex parte communications that are subject to these reporting requirements shall be reported by the interested person, regardless of
(ii) adverse consequences in the subject proceeding or in other Commission proceedings. In determining the appropriate penalties or sanctions, the Commission shall consider (i) the harm caused by virtue of the violation, (ii) the person’s or entity’s conduct in preventing, detecting, correcting, disclosing, and rectifying the violation, (iii) the amount of penalty that will achieve the objective of deterrence based on the person’s or entity’s financial resources, (iv) penalties or sanctions that the Commission has imposed under reasonably comparable factual circumstances, and (v) the totality of circumstances from the perspective of the public interest. (m) The Commission shall render its decision based on the evidence of record. Ex parte communications, and any notice filed pursuant to Rule 8.3, are not a part of the evidentiary record of the proceeding. Note: Authority cited: Section 1701, Public Utilities Code. Reference: Sections 1701, 1701.1, 1701.2, 1701.3 and 1701.4, Public Utilities Code. 8.3. (Rule 8.3) Communications at Conferences. This rule governs communications concerning any issue in an adjudicatory or ratesetting proceeding between interested persons and decisionmakers at a conference. (a) Individual oral ex parte communications are subject to the requirements of Rule 8.2. Pursuant to Rule 8.2(b), communications regarding adjudicatory proceedings are prohibited and the limited exceptions set forth in (b) and (c) apply only to ratesetting proceedings. (b) A decisionmaker’s presentation or dialogue during a question and answer session where the audience includes an interested person is not a one-way ex parte communication. (c) An interested person’s presentation or dialogue during a question and answer session where the audience includes a decisionmaker is not an ex parte communication subject to Rule 8.2(c)(2) but must be reported in the same manner as an ex parte communication pursuant to Rule 8.4(a). Note: Authority cited: Section 1701, Public Utilities Code. Reference: Sections 1701 and 1701.1, Public Utilities Code. 8.4. (Rule 8.4) Reporting Ex Parte Communications. (a) Ex parte communications that are subject to these reporting requirements shall be reported by the interested person, regardless of
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