California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 2 - Applications for a Finding of Significant Financial Distress › Section 1182.13 - Preliminary and Final Decisions; Action on Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 60 days after receipt of an
				  application, the executive director shall notify the county of the Commission,
				  hearing panel, or hearing officer's preliminary decision that the county did or
				  did not make a compelling case that it will incur significant financial
				  distress pursuant to Welfare and Institutions Code section
				  17000.6.
				  If the time period is extended pursuant to section
				  1182.3 of these regulations, notice
				  of the preliminary decision shall be provided within 120 days after receipt of
				  an application, or as otherwise provided by the current Budget Act.
(b) If an application is heard by a hearing
				  panel, the panel shall direct staff to prepare the preliminary decision in a
				  form that may be adopted as the final decision by the Commission. When an
				  application is heard by a hearing officer, a preliminary decision shall be
				  presented in a form that may be adopted by the Commission as its final decision
				  on the application. When an application is heard before the Commission itself
				  the Commission shall direct staff to prepare a final decision in accord with
				  the Commission's vote, which will be presented to the Commission for adoption
				  as its final decision.
(c) Within
				  90 days after receipt of an application, the executive director shall give
				  notice to the county of the Commission's final decision that the county did or
				  did not make a compelling case that it will incur significant financial
				  distress pursuant to Welfare and Institutions Code section
				  17000.6.
				  If the time period is extended pursuant to section
				  1182.3 of these regulations, notice
				  of the final decision shall be provided within 150 days after receipt of an
				  application, or as otherwise provided by the current Budget Act.
(d) If the preliminary decision prepared by
				  the hearing panel or hearing officer is not adopted by the Commission as its
				  final decision, the Commission may direct appropriate modification of the
				  preliminary decision and thereafter adopt it as the Commission final decision
				  or decide the application upon the record, with or without taking additional
				  evidence, or may refer the application to a hearing panel or hearing officer to
				  take additional evidence. If the application is so assigned to a hearing panel
				  or hearing officer, the hearing panel or hearing officer shall prepare a
				  preliminary decision, as provided in subdivision (b), which shall be based upon
				  the additional evidence and the transcript and other papers which are a part of
				  the record of the prior hearing.
(e) The affirmative vote of at least a
				  majority of the existing membership of the Commission is required for the
				  adoption of a final decision by the Commission. A copy of the final decision
				  shall be filed by the Commission as a public record.
(f) A Commission final decision which makes a
				  finding of significant financial distress will be effective for a period not to
				  exceed 36 months. The final decision shall specify whether the effective date
				  of the period of significant financial distress shall commence on the date of
				  the final decision or on a date no more than 60 days from the date of the final
				  decision.
1. New
					 section filed 5-19-2014; operative 7-1-2014 pursuant to Government Code section
					 11343.4(a)(3).
					 Exempt from OAL review and submitted to OAL for printing only pursuant to
					 Government Code section
					 17527
					 (Register 2014, No. 21).
2. Amendment of NOTE filed 9-24-2015;
					 operative 10-1-2015 pursuant to Government Code section
					 11343.4(b)(3).
					 Exempt from OAL review and submitted to OAL for filing and printing only
					 pursuant to Government Code section
					 17527(g)
					 (Register 2015, No. 39).
Note: Authority cited: Stats. 1998, c. 324, Prov. (2),
						Item 8885-001-0001, p. 622 (and subsequent Budget Acts); Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Sections
						17527(c),
						17530 and
						17532,
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code.