XXV. "Unforeseen Emergency"

Rules 77.6(f) and 77.7(f) provide that the time for comment on certain recommended decisions may be reduced or waived in an "unforeseen emergency situation," and refer to Rule 81 for the definition of that term. Similarly, Rules 78(b) and 79(a) provide, respectively, that an unscheduled meeting may take place and that an item not appearing on a meeting agenda may be decided upon a majority vote of the Commission that an "unforeseen emergency situation" exists, and likewise refers to Rule 81 for the definition of that term.

Although the list of definitions of "unforeseen emergency situation" in Rule 81 properly applies to circumstances permitting the reduction or waiver of the time for comment under Rules 77.6(f) and 77.7(f), it goes beyond the definition of "unforeseen emergency situation" provided in the Bagley-Keene Open Meeting Act for purposes of permitting unscheduled meetings and decision on an item not on the agenda. Conversely, the definition of "unforeseen emergency situation" in Rule 81 does not identify all circumstances permitted by the Bagley-Keene Open Meeting Act under which the Commission may conduct an unscheduled meeting or decide an item not on the agenda.

Accordingly, we propose recodification and modifications to the rules to correct the erroneous reference to certain circumstances as constituting an "unforeseen emergency situation," and to reflect additional circumstances permitting an unscheduled meeting and decision on an item not on the agenda that are permitted under the Bagley-Keene Open Meeting Act.