reglab/statecodes huggingface dataset:
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 - Incorrect Reduction Claim Filing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Article 5 (Sections
					 1185 and
					 1185.1) filed 12-13-85; effective
					 upon filing pursuant to Government Code Section
					 11346.2(d)
					 (Register 85, No. 50).
2. Amendment of NOTE filed 4-29-87; operative
					 5-29-87 (Register 87, No. 18).
3. Amendment of subsections (a), (b)
					 and (c)(4)-(5) and NOTE filed 7-23-96; operative 7-23-96. Submitted to OAL for
					 printing only (Register 96, No. 30).
4. Amendment of section and
					 NOTE filed 9-13-99; operative 9-13-99. Submitted to OAL for printing only
					 pursuant to Government Code section
					 17527
					 (Register 99, No. 38).
5. Amendment of article heading and amendment
					 of section and NOTE filed 4-21-2003; operative 4-21-2003. Submitted to OAL for
					 printing only pursuant to Government Code section
					 17527(g)
					 (Register 2003, No. 17).
6. Amendment of section and NOTE filed
					 5-8-2007; operative 5-8-2007 pursuant to Government Code section
					 11343.4.
					 Submitted to OAL for printing only (Register 2007, No. 19).
7. New
					 subsection (b), subsection relettering, amendment of newly designated
					 subsections (f)(7)-(g), new subsection (h) and amendment of NOTE filed
					 10-27-2010; operative 1-1-2011. Submitted to OAL for filing and printing only
					 pursuant to Government Code section
					 11343.8
					 (Register 2010, No. 44).
8. Repealer of article 5 (sections
					 1185-1185.7) and repealer of
					 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).
Note: Authority cited: Section
						17527(g),
						Government Code. Reference: Sections
						17530,
						17551(d)
						and
						17553(d),
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 5 - Incorrect Reduction Claims › Section 1185.01 - Review of Incorrect Reduction Claims. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-23-96; operative 7-23-96. Submitted to OAL for printing only
					 (Register 96, No. 30).
2. Amendment of subsections (a) and (b) filed
					 9-13-99; operative 9-13-99. Submitted to OAL for printing only pursuant to
					 Government Code section
					 17527
					 (Register 99, No. 38).
3. Amendment of section and NOTE filed
					 4-21-2003; operative 4-21-2003. Submitted to OAL for printing only pursuant to
					 Government Code section
					 17527(g)
					 (Register 2003, No. 17).
4. Renumbering of former section
					 1185.01 to section
					 1185.1 filed 5-8-2007; operative
					 5-8-2007 pursuant to Government Code section
					 11343.4.
					 Submitted to OAL for printing only (Register 2007, No.
					 19).
Note: Authority cited: Section
						17527(g),
						Government Code. Reference: Section
						17551(b),
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 5 - Incorrect Reduction Claims › Section 1185.02 - Review of Completed Incorrect Reduction Claims and Preparation of Staff Analysis. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-13-99; operative 9-13-99. Submitted to OAL for printing only
					 pursuant to Government Code section
					 17527
					 (Register 99, No. 38).
2. Renumbering of former section
					 1185.02 to section
					 1185.03 and new section
					 1185.02 filed 4-21-2003; operative
					 4-21-2003. Submitted to OAL for printing only pursuant to Government Code
					 section
					 17527(g)
					 (Register 2003, No. 17).
3. Renumbering of former section
					 1185.02 to section
					 1185.5 filed 5-8-2007; operative
					 5-8-2007 pursuant to Government Code section
					 11343.4.
					 Submitted to OAL for printing only (Register 2007, No.
					 19).
Note: Authority cited: Section
						17527(g),
						Government Code. Reference: Section
						17551(b),
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 5 - Incorrect Reduction Claims › Section 1185.03 - Withdrawal of Incorrect Reduction Claims. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of former section
					 1185.02 to section
					 1185.03 filed 4-21-2003; operative
					 4-21-2003. Submitted to OAL for printing only pursuant to Government Code
					 section
					 17527(g)
					 (Register 2003, No. 17).
2. Renumbering of former section
					 1185.03 to section
					 1185.6 filed 5-8-2007; operative
					 5-8-2007 pursuant to Government Code section
					 11343.4.
					 Submitted to OAL for printing only (Register 2007, No.
					 19).
Note: Authority cited: Section
						17527(g),
						Government Code. Reference: Section
						17551(b),
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 5 - Incorrect Reduction Claims › Section 1185.1 - Incorrect Reduction Claim Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To obtain a determination that the Office
				  of State Controller incorrectly reduced a reimbursement claim, a claimant shall
				  file an "incorrect reduction claim" with the Commission as follows:
(1) A county auditor, auditor-controller, or
				  director of finance who has assumed the duties of controller, may file on
				  behalf of a county.
(2) A city
				  manager, director of finance, or other officer with a delegation by ordinance
				  or resolution from the city council, may file on behalf of a city.
(3) A district superintendent may file on
				  behalf of a school district.
(4) A
				  chancellor, vice chancellor, director of finance, or other officer with
				  authority delegated by the governing body by ordinance or resolution, may file
				  on behalf of a community college district.
(5) A general manager or other officer with
				  authority delegated by the governing body by ordinance or resolution may file
				  on behalf of a special district.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 5 - Incorrect Reduction Claims › Section 1185.3 - Consolidation of Claims Initiated by an Individual Claimant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On behalf of a class of claimants, an
				  individual claimant may initiate the consolidation of claims alleging an
				  incorrect reduction as described in Government Code section
				  17558.7,
				  if all of the following apply:
(1) The method,
				  act, or practice that the claimant alleges led to the reduction has led to
				  similar reductions of other parties' claims, and all of the claims involve
				  common questions of law or fact.
(2) The common questions of law or fact among
				  the claims predominate over any matter affecting only an individual
				  claim.
(3) The consolidation of
				  similar claims by individual claimants would result in consistent decision
				  making by the Commission.
(4) The
				  claimant filing the consolidated claim would fairly and adequately protect the
				  interests of the other claimants.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 5 - Incorrect Reduction Claims › Section 1185.4 - Joining a Consolidated Incorrect Reduction Claim

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 30 days of receipt of the Commission's notice regarding the original
				  claimant's notice of intent to consolidate an incorrect reduction claim, any
				  other eligible claimant may, on a form provided by the Commission, file a
				  notice of intent to join the consolidated incorrect reduction claim.
(b) All notices of intent to join a
				  consolidated incorrect reduction claim shall comply with section
				  1185.1(c) and
				  contain at least the following elements and documents:
(1) A copy of the final state audit report,
				  letter, or other written notice of adjustment from the Office of State
				  Controller that explains the claim components adjusted, amounts reduced, and
				  the reasons for the reduction.
(2)
				  A copy of the subject reimbursement claims submitted to the Office of State
				  Controller.
(3) A notice of intent
				  to join a consolidated incorrect reduction claim shall include a certification
				  by the joining claimant authorizing the original claimant to act as its
				  representative in the consolidated incorrect reduction claim, and a declaration
				  under penalty of perjury that the filing is true and complete to the best of
				  the declarant's personal knowledge, information, or belief. The date signed,
				  the declarant's title, address, telephone number, and e-mail address shall be
				  included. All representations of fact shall be supported by testimonial or
				  documentary evidence in accordance with section
				  1187.5 of these
				  regulations.
(4) The joining
				  claimant shall certify, file, and serve one original notice of intent to join
				  and accompanying documents in accordance with section
				  1181.3 of these
				  regulations.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 5 - Incorrect Reduction Claims › Section 1185.5 - Opting Out of a Consolidated Incorrect Reduction Claim

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Government Code section
					 17558.7(f),
					 each claimant that files a notice of intent to join a consolidated incorrect
					 reduction claim may opt out and not be bound by any determination made on the
					 consolidated claim.
(a) To opt out of
				  a consolidated incorrect reduction claim, claimants shall file a written notice
				  with the Commission within 15 days of service of the Office of State
				  Controller's comments. A copy of the notice must be served in accordance with
				  section 1181.3 of these
				  regulations.
(b) No later than one
				  year after opting out, or within the period of limitation under section
				  1185.1(c) of these
				  regulations, whichever is later, a claimant that opts out of a consolidated
				  claim shall file an individual incorrect reduction claim in accordance with
				  section 1185.1 of these regulations in
				  order to preserve its right to challenge a reduction made by the Controller on
				  that same mandate.
(c) If a
				  claimant opts out of a consolidated incorrect reduction claim and an individual
				  incorrect reduction claim for that entity is already on file with the
				  Commission, the individual filing is automatically reinstated.
1.
					 Renumbering of former section
					 1185.02 to section
					 1185.5, including amendment of
					 section and NOTE, filed 5-8-2007; operative 5-8-2007 pursuant to Government
					 Code section
					 11343.4.
					 Submitted to OAL for printing only (Register 2007, No. 19).
2.
					 Amendment of subsection (c) filed 10-27-2010; operative 1-1-2011. Submitted to
					 OAL for filing and printing only pursuant to Government Code section
					 11343.8
					 (Register 2010, No. 44).
3. Repealer and 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).
4. 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).
5. Amendment of subsection (b) and NOTE
					 filed 9-13-2016; operative 10-1-2016 pursuant to Government Code section
					 17527(g)
					 (Register 2016, No. 38).
6. Editorial correction of NOTE (Register
					 2016, No. 44).
7. Amendment of subsections (a)-(b) filed 1-23-2020;
					 operative 4-1-2020 (Register 2020, No. 4).
Note: Authority cited: Sections
						17527(g),
						17553(a)
						and
						17558.7(g),
						Government Code. Reference: Sections
						17558.5
						and
						17558.7,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 5 - Incorrect Reduction Claims › Section 1185.6 - Executive Director's Authority to Consolidate or Sever Incorrect Reduction Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive director may consolidate or sever any
					 incorrect reduction claim in part or whole, when necessary to ensure the
					 complete, fair, or timely consideration of any incorrect reduction
					 claim.
(a) At least 30 days before the
				  action is taken, the executive director shall simultaneously serve on all
				  persons on the mailing list described in section
				  1181.4 of these regulations a
				  notice of any proposed action to consolidate or sever and shall post the notice
				  on the Commission's website.
(b)
				  During the 30-day notice period, a claimant may file a written request that an
				  individual incorrect reduction claim be severed from a proposed consolidation,
				  which shall be filed and served, in accordance with section
				  1181.3 of these regulations. Timely
				  requests to sever shall be approved by the executive director.
(c) Late requests for severing an individual
				  incorrect reduction claim shall be denied.
Note: Authority cited: Sections 17527(g), 17553(a) and
						17558.8(b), Government Code. Reference: Sections 17530, 17554 and 17558.8,
						Government Code.
Note: Authority cited: Sections
						17527(g),
						17553(a)
						and
						17558.8(b),
						Government Code. Reference: Sections
						17530,
						17554 and
						17558.8,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 5 - Incorrect Reduction Claims › Section 1185.9 - Reinstatement of Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Commission determines that a reimbursement claim was
					 incorrectly reduced, the Commission shall issue the decision to the Office of
					 State Controller and request that the Office of State Controller reinstate the
					 costs that were incorrectly reduced.
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 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.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 5 - Incorrect Reduction Claims › Section 1185.21 - Joining a Consolidated Incorrect Reduction Claim. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-27-2010; operative 1-1-2011. Submitted to OAL for filing and
					 printing only pursuant to Government Code section
					 11343.8
					 (Register 2010, No. 44).
2. Repealer 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).
Note: Authority cited: Sections
						17527(g)
						and
						17558.7(g),
						Government Code. Reference: Section
						17558.7,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6 - State Mandates Apportionment System › Section 1186 - Review of Office of State Controller's Claiming Instructions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
					 correction of printing error of subsection (c)(4) (Register 86, No.
					 12).
2. Repealer of article 6 (sections
					 1186-1186.3) and section filed
					 7-23-96; operative 7-23-96. Submitted to OAL for printing only (Register 96,
					 No. 30).
3. Amendment of article 6 heading and new article 6
					 (section 1186) and new section filed
					 4-21-2003; operative 4-21-2003. Submitted to OAL for printing only pursuant to
					 Government Code section
					 17527(g)
					 (Register 2003, No. 17). For prior history of article 6 (sections
					 1186-1186.3), see Register 96, No.
					 30.
4. Amendment of subsections (e)-(h) and (j)(2)-(k) and amendment
					 of NOTE filed 10-27-2010; operative 1-1-2011. Submitted to OAL for filing and
					 printing only pursuant to Government Code section
					 11343.8
					 (Register 2010, No. 44).
5. Repealer of article 6 (section
					 1186) and repealer of 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).
Note: Authority cited: Sections
						17527(g) and
						(h), Government Code. Reference: Sections
						17530,
						17560 and
						17571,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6 - State Mandates Apportionment System › Section 1186.1 - Definitions: State Mandates Apportionment System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Request for Inclusion. A Request for
				  Inclusion is a factual statement about a mandated cost program and a petition
				  for a review of the described program by the Commission on State Mandates. The
				  review is intended to result in a decision whether or not to include the
				  program in the State Mandates Apportionment System.
(b) Stable costs. Stable costs are those
				  costs incurred by local agencies or school districts as a result of
				  implementing a mandated cost program which, when reviewed on a statewide basis
				  over a three-year period, have not fluctuated significantly.
(c) Request for Removal. A Request for
				  Removal is a factual statement about significant modifications or amendments to
				  a program which is part of the State Mandates Apportionment System. The
				  statement is intended to result in the discontinuance of the program in the
				  State Mandates Apportionment System.
1. New
					 article 6 (sections
					 1186.1-1186.7) and 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: Sections
						17527(g)
						and
						17615,
						Government Code. Reference: Sections
						17615 and
						17615.1,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6 - State Mandates Apportionment System › Section 1186.2 - Request for Inclusion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Any local agency, school district, the Department of Finance or the State
				  Controller's Office may request that the Commission review a mandated cost
				  program for possible inclusion in the State Mandates Apportionment System in
				  accordance with Government Code section
				  17615.1.
(b) In order to obtain a review and
				  determination regarding inclusion in the system, a local agency, school
				  district or state agency must certify, file, and serve a "Request for
				  Inclusion" in accordance with section
				  1181.3 of these
				  regulations.
(c) The request for
				  inclusion must contain at least the following:
(1) The chapter number of the law that
				  established the mandated cost program(s).
(2) A detailed narrative describing the
				  mandated cost program with an explanation of the reasons why the mandated cost
				  program should be included in the State Mandates Apportionment
				  System.
(3) Any other pertinent
				  information that will substantiate the request or that would have a bearing on
				  the decision of the Commission in this matter.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6 - State Mandates Apportionment System › Section 1186.3 - Adoption of Finding for Request for Inclusion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Commission, after reviewing the
				  request for inclusion and conducting at least one hearing in accordance with
				  article 7 of these regulations, shall adopt a finding that the mandated program
				  will or will not be included in the State Mandates Apportionment
				  System.
(b) The primary criteria to
				  be used by the Commission in making a determination will include a review of
				  the mandated program to determine if the program has a history of stable costs
				  for most claimants, if the mandated program has been recently modified, and if
				  inclusion would accurately reflect the costs of the state mandated
				  program.
(c) Upon adoption of a
				  finding that a mandated program should be included in the State Mandates
				  Apportionment System, the Commission shall direct the Controller to include the
				  program in the system.
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: Sections
						17527(g)
						and
						17615.1,
						Government Code. Reference: Sections
						17615.1
						and
						17615.4,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6 - State Mandates Apportionment System › Section 1186.4 - Request for Removal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  local agency, school district, or state agency may request that the Commission
				  review a mandated program included in the State Mandates Apportionment System
				  that has been modified or amended by the Legislature or an executive order for
				  possible removal of the program from the system in accordance with Section
				  17615.7 of
				  the Government Code.
(b) In order
				  to obtain a review and determination regarding removal of a program from the
				  system, a local agency, school district, or state agency must certify, file,
				  and serve a "Request for Removal" in accordance with section
				  1181.3 of these
				  regulations.
(c) The request for
				  removal must contain at least the following elements:
(1) The chapter number or executive order of
				  the law that established the mandated cost program.
(2) The chapter number of the law or the
				  executive order which significantly modified or amended the costs of the
				  program or a detailed description of the circumstances or events which have
				  caused the changes.
(3) A detailed
				  narrative describing the mandated cost program with an explanation of the
				  reasons the mandated program should no longer be included in the State Mandates
				  Apportionment System.
(4) Any other
				  information that will substantiate the request or that would have a bearing on
				  the decision of the Commission in this matter.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6 - State Mandates Apportionment System › Section 1186.6 - Request for Review of an Apportionment or Base Year Entitlement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon request of
				  a local agency, school district or state agency the Commission shall review the
				  apportionment or base year entitlement pursuant to Government Code section
				  17615.8(a).
(b) In order to obtain a review of an
				  apportionment or base year entitlement a "Request for Review" shall be
				  certified, filed, and served in accordance with section
				  1181.3 of these
				  regulations.
(c) The request for
				  review shall contain at least the following elements:
(1) Identification of the mandated program
				  that is alleged to require review.
(2) A detailed narrative describing the need
				  to modify the apportionment or base year entitlement.
(3) A statement to the effect that the other
				  mandated programs included in the local agency or school district's
				  apportionment are not overfunded in an amount sufficient to offset any
				  underfunding.
(4) Cost information
				  that outlines the amount of the funding for the total apportionment and the
				  calculations necessary to show that the program needing modification either
				  under or over reimburse the local agency or school district's actual costs by
				  20 percent or by $1,000, whichever is less.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6.5 - Applications for a Finding of Significant Financial Distress [Repealed] › Section 1186.51 - Filing of an Application for a Finding of Significant Financial Distress. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6.5 - Applications for a Finding of Significant Financial Distress [Repealed] › Section 1186.52 - Extension of Period for Preliminary and Final Decision and Current Period of Financial Distress. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited:
						Stats.
						1998, c. 324
												 Prov.
						(2), p. 622 (and subsequent Budget Acts); Section
						17527(g),
						Government Code; and Section
						17000.6(b),
						Welfare and Institutions Code. Reference: Section
						17000.6(c),
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6.5 - Applications for a Finding of Significant Financial Distress [Repealed] › Section 1186.53 - Notice. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6.5 - Applications for a Finding of Significant Financial Distress [Repealed] › Section 1186.54 - Pre-Hearing Conference. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6.5 - Applications for a Finding of Significant Financial Distress [Repealed] › Section 1186.55 - Assignment to Hearing Panels/Hearing Officers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6.5 - Applications for a Finding of Significant Financial Distress [Repealed] › Section 1186.61 - Review of Completed Application for a Finding of Significant Financial Distress and Preparation of Staff Analysis. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6.5 - Applications for a Finding of Significant Financial Distress [Repealed] › Section 1186.62 - Written Comments. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6.5 - Applications for a Finding of Significant Financial Distress [Repealed] › Section 1186.63 - Conduct of Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6.5 - Applications for a Finding of Significant Financial Distress [Repealed] › Section 1186.64 - Representation at Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6.5 - Applications for a Finding of Significant Financial Distress [Repealed] › Section 1186.65 - Continuance of Hearings and Further Hearings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6.5 - Applications for a Finding of Significant Financial Distress [Repealed] › Section 1186.71 - Form of Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6.5 - Applications for a Finding of Significant Financial Distress [Repealed] › Section 1186.72 - Reapplications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 6.5 - Applications for a Finding of Significant Financial Distress [Repealed] › Section 1186.73 - Withdrawal of Applications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 7 - Quasi-Judicial Hearing Procedures and Decisions › Section 1187 - Scheduling and Noticing the Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 12-13-85; effective upon filing pursuant to Government Code Section
					 11346.2(d)
					 (Register 85, No. 50).
2. Editorial correction of NOTE (Register 86,
					 No. 2).
3. Repealer and new section heading, section and NOTE filed
					 7-23-96; operative 7-23-96. Submitted to OAL for printing only (Register 96,
					 No. 30).
4. Amendment of subsection (b) filed 9-13-99; operative
					 9-13-99. Submitted to OAL for printing only pursuant to Government Code section
					 17527
					 (Register 99, No. 38).
5. Amendment of section heading, section and
					 NOTE filed 9-6-2005; operative 9-6-2005. Exempt from OAL review and submitted
					 to OAL for printing only pursuant to Government Code section
					 17527(g)
					 (Register 2005, No. 36).
6. Repealer and new section filed
					 10-27-2010; operative 1-1-2011. Submitted to OAL for filing and printing only
					 pursuant to Government Code section
					 11343.8
					 (Register 2010, No. 44).
7. Repealer of article 7 (sections
					 1187-1188.4) and repealer of
					 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).
Note: Authority cited: Sections
						17527(g)
						and
						17553(a),
						Government Code. Reference: Sections
						17551,
						17553(a),
						17557(e),
						17571,
						17615.1,
						17615.4,
						17615.7,
						17615.8
						and
						17615.9,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 7 - Quasi-Judicial Hearing Procedures and Decisions › Section 1187.1 - Scheduling and Noticing the Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A "matter," subject to hearings and
				  decisions under article 7 of these regulations, shall include test claims,
				  proposed parameters and guidelines, requests to amend parameters and
				  guidelines, incorrect reduction claims, requests to approve a joint reasonable
				  reimbursement methodology and statewide estimate of costs, joint requests for
				  early termination of a joint reasonable reimbursement methodology, requests for
				  inclusion or removal from the State Mandates Apportionment System, requests for
				  review of apportionment or base year entitlement for programs included in the
				  State Mandates Apportionment System, requests for review of the Office of State
				  Controller's claiming instructions, and requests for mandate
				  redetermination.
(b) A matter is
				  set for hearing when Commission staff issues its draft proposed decision. A
				  written notice of the date, time, and place of hearing shall be issued to
				  everyone on the mailing list as described in section
				  1181.4 of these regulations and
				  shall be posted on the Commission's website.
1. New
					 article 7 (sections
					 1187.1-1187.15) and 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 filed 1-23-2020; operative
					 4-1-2020 (Register 2020, No. 4).
Note: Authority cited: Sections
						17527(g),
						17553(a),
						17558.7(g)
						and
						17558.8(b),
						Government Code. Reference: Sections
						17551,
						17553(a),
						17557,
						17571,
						17615.1,
						17615.4,
						17615.7,
						17615.8
						and
						17615.9,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 7 - Quasi-Judicial Hearing Procedures and Decisions › Section 1187.2 - Assignment to Hearing Panels/Hearing Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After an informational hearing, in
				  accordance with Article 8 of these regulations, the Commission's chairperson
				  may assign a matter before the Commission to a hearing panel consisting of one
				  or more members or to a hearing officer for hearing and preparation of a
				  proposed decision that may be adopted as the decision in the case.
(b) Assignments by the Commission chairperson
				  of members on hearing panels shall be rotated among the members with the
				  composition of the members so assigned being varied and changed to assure that
				  there shall never be a fixed and continued composition of members.
(c) A matter shall be heard and decided by
				  the Commission itself at the request of any two members of the
				  Commission.
1. Amendment
					 of subsection (a) and NOTE filed 9-13-99; operative 9-13-99. Submitted to OAL
					 for printing only pursuant to Government Code section
					 17527
					 (Register 99, No. 38).
2. Amendment of subsection (a) filed
					 1-27-2000; operative 1-27-2000. Submitted to OAL for printing only (Register
					 2000, No. 4).
3. Amendment filed 9-6-2005; operative 9-6-2005.
					 Exempt from OAL review and submitted to OAL for printing only pursuant to
					 Government Code section
					 17527(g)
					 (Register 2005, No. 36).
4. Amendment of section and NOTE filed
					 10-27-2010; operative 1-1-2011. Submitted to OAL for filing and printing only
					 pursuant to Government Code section
					 11343.8
					 (Register 2010, No. 44).
5. Repealer and 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).
6. 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).
7. Amendment of NOTE filed 1-23-2020;
					 operative 4-1-2020 (Register 2020, No. 4).
Note: Authority cited: Sections
						17527(c),
						17527(g),
						17532 and
						17553(a),
						Government Code. Reference: Sections
						17532 and
						17551,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 7 - Quasi-Judicial Hearing Procedures and Decisions › Section 1187.3 - Objection to Hearing Panel, Hearing Officer, or Commission Member

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any party may
				  ask that a matter be heard by the Commission itself rather than by a hearing
				  panel or hearing officer.
(b) Any
				  party may request the disqualification of any hearing officer or Commission
				  member, before the taking of evidence at a hearing, by filing an affidavit
				  stating with particularity the grounds upon which it is alleged that a fair and
				  impartial hearing cannot be provided. Where the request concerns a Commission
				  member, the issue shall be determined by the other members of the Commission.
				  Where the request concerns the hearing officer, the issue shall be determined
				  by the Commission itself, if the Commission itself hears the case with the
				  hearing officer; otherwise the issue shall be determined by the hearing
				  officer.
1. Amendment
					 of subsection (a) filed 9-13-99; operative 9-13-99. Submitted to OAL for
					 printing only pursuant to Government Code section
					 17527
					 (Register 99, No. 38).
2. Amendment of section heading and
					 subsection (b) filed 9-6-2005; operative 9-6-2005. Exempt from OAL review and
					 submitted to OAL for printing only pursuant to Government Code section
					 17527(g)
					 (Register 2005, No. 36).
3. Amendment of subsection (a) and
					 amendment of NOTE filed 10-27-2010; operative 1-1-2011. Submitted to OAL for
					 filing and printing only pursuant to Government Code section
					 11343.8
					 (Register 2010, No. 44).
4. Repealer and 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).
5. 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).
6. Amendment of subsection (b) filed
					 1-23-2020; operative 4-1-2020 (Register 2020, No.
					 4).
Note: Authority cited: Sections
						17527(c),
						17527(g)
						and
						17553(a),
						Government Code. Reference: Sections
						17527,
						17532 and
						17551,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 7 - Quasi-Judicial Hearing Procedures and Decisions › Section 1187.4 - Informal Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An informal conference may be scheduled by the Commission or the executive
				  director of their own accord or by request of a party or interested party to
				  the matter in question. The parties and interested parties to the matter shall
				  be invited to participate. With the consent of the parties, the informal
				  conference may be a teleconference.
(b) At least 10 days before any informal
				  conference, Commission staff shall serve notice of the conference to those on
				  the mailing list for the matter in question as established pursuant to section
				  1181.4 of these
				  regulations.
(c) The purpose of an
				  informal conference may be to:
(1) Set dates
				  for receiving comments or rebuttal comments; completing the proposed decision;
				  and hearing the matter.
(2) Give
				  the claimant or requester the opportunity to present the matter and to respond
				  to questions from Commission staff and parties and interested parties for the
				  purpose of resolving or clarifying issues of fact or law.
(3) Consider whether a reasonable
				  reimbursement methodology may be developed and included in the parameters and
				  guidelines.
(4) Review a draft
				  reasonable reimbursement methodology and proposed statewide estimate of costs
				  that are jointly prepared by the test claimant and the Department of Finance
				  pursuant to Government Code section
				  17557.1.
(5) Identify issues and determine methods of
				  resolving those issues.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 7 - Quasi-Judicial Hearing Procedures and Decisions › Section 1187.5 - Evidence Submitted to the Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  hearings will not be conducted according to technical rules relating to
				  evidence and witnesses. Any relevant non-repetitive evidence shall be admitted
				  if it is the sort of evidence on which responsible persons are accustomed to
				  rely in the conduct of serious affairs. Irrelevant and unduly repetitious
				  evidence shall be excluded. Hearsay evidence may be used for the purpose of
				  supplementing or explaining other evidence but shall not be sufficient in
				  itself to support a finding unless it would be admissible over objection in
				  civil actions.
(b) Oral or written
				  representations of fact offered by any person at an article 7 hearing shall be
				  under oath or affirmation. All written representations of fact submitted to the
				  Commission must be signed under penalty of perjury by persons who are
				  authorized and competent to do so and must be based upon the declarant's
				  personal knowledge, information, or belief.
(c) Official notice may be taken in the
				  manner and of the information described in Government Code Section
				  11515.
(d) Each party shall have the right to
				  present witnesses, introduce exhibits, and propose to the chairperson questions
				  for opposing witnesses. Evidence may be submitted to support or rebut any
				  issue. If declarations are to be used in lieu of testimony, the party proposing
				  to use the declaration shall comply with Government Code Section
				  11514.
Note: Authority cited: Sections 17527(e), 17527(g),
						17553, 17558.7, 17570, 17615.1 and 17615.8, Government Code; and Section
						17000.6, Welfare and Institutions Code. Reference: Sections 11514, 11515,
						17518.5, 17527(e), 17551, 17553, 17557, 17557.2, 17559, 17570, 17571 and
						17615.7, Government Code.
Note: Authority cited: Sections
						17527(e),
						17527(g),
						17553,
						17557,
						17610,
						17621 and
						17622,
						Government Code. Reference: Sections
						11514,
						11515,
						17527(e),
						17551,
						17553,
						17557,
						17559 and
						17570,
						Government Code.