California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 5 - Incorrect Reduction Claims › Section 1185.8 - Withdrawal of Incorrect Reduction Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An incorrect reduction claim, except for
				  a claim by the original claimant in a consolidated incorrect reduction claim,
				  may be withdrawn by written application any time before a decision is adopted
				  or by oral application at the time of hearing. If an application is made, the
				  executive director shall issue a letter to the claimant and the State
				  Controller dismissing the claim.
(b) An incorrect reduction claim, by the
				  original claimant in a consolidated incorrect reduction claim, may be withdrawn
				  by written application any time before a decision is adopted or by oral
				  application at the time of hearing. The original claimant shall certify, file,
				  and serve the written application in accordance with section
				  1181.3 of these regulations and
				  Commission staff shall post a copy of the notice on the Commission's website
				  for 60 days prior to dismissal of the incorrect reduction claim. If one of the
				  joint claimants takes over the claim, it shall, within 60 days of providing
				  notice of its intent to take over the claim, perfect the filing by filing the
				  written narrative as required by section
				  1185.1 of these regulations. If
				  none of the joint claimants takes over the claim by substitution of parties
				  within 60 days of service and posting of the application to withdraw, the
				  executive director shall issue a letter to everyone on the mailing list
				  described in section
				  1181.4 of these regulations
				  dismissing the claim and providing the joint claimants with an opportunity to
				  perfect their individual claims within 60 days of service by filing the written
				  narrative as required by section
				  1185.1 of these regulations. The
				  letter shall be posted on the Commission's website.
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).
3. Amendment of subsection (b) filed
					 2-27-2018; operative 4-1-2018 pursuant to Government Code section
					 11343.4(a).
					 Exempt from OAL review and submitted to OAL for filing and printing only
					 pursuant to Government Code section
					 17527(g)
					 (Register 2018, No. 9).
4. Editorial correction of HISTORY 3
					 (Register 2018, No. 18).
5. Amendment of subsection (b) filed
					 1-23-2020; operative 4-1-2020 (Register 2020, No.
					 4).
Note: Authority cited: Sections
						17527(g)
						and
						17553(a),
						Government Code. Reference: Section
						17551(d),
						Government Code.