California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 5 - Incorrect Reduction Claims › Section 1185.2 - Review of Incorrect Reduction Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 10 days of receipt of an incorrect
				  reduction claim, Commission staff shall notify the claimant if the incorrect
				  reduction claim is complete or incomplete. Incorrect reduction claims will be
				  considered incomplete if any of the requirements of section
				  1185.1 are illegible or not
				  included or if the requirements of those subdivisions are not met. Incomplete
				  incorrect reduction claims shall be returned to the claimant. If a complete
				  incorrect reduction claim is not received by the Commission within 30 days from
				  the date the incomplete claim was returned to the claimant, the executive
				  director shall deem the filing to be withdrawn.
(b) Any incorrect reduction claim, or portion
				  of an incorrect reduction claim, that the Commission lacks jurisdiction to hear
				  for any reason, including that the incorrect reduction claim was not filed
				  within the period of limitation required by section
				  1185.1(c) of these
				  regulations, may be rejected or dismissed by the executive director with a
				  written notice stating the reason therefor.
(c) Within 10 days of receipt of a complete
				  incorrect reduction claim, Commission staff shall provide a copy of the claim
				  to the Office of State Controller.
(d) Commission staff shall notify the Office
				  of State Controller that written comments and supporting documentation in
				  connection with an incorrect reduction claim shall be filed no more than 90
				  days from the date the copy of the claim is provided to the Office of State
				  Controller. Written comments and supporting documentation shall be certified,
				  filed, and served in accordance with section
				  1181.3 of these regulations. If
				  representations of fact are made, they shall be supported by documentary or
				  testimonial evidence in accordance with section
				  1187.5 of these
				  regulations.
(e) The claimant and
				  interested parties may file written rebuttals to the Office of State
				  Controller's comments within 30 days of service of the Office of State
				  Controller's comments. Written rebuttals and supporting documentation shall be
				  certified, filed, and served in accordance with section
				  1181.3 of these regulations. If
				  representations of fact are made, they shall be supported by documentary or
				  testimonial evidence in accordance with section
				  1187.5 of these
				  regulations.
1. New
					 section 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). For prior history,
					 see Register 2003, No. 17.
2. Amendment of section heading and
					 repealer of subsections (e)-(g) 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 subsection (a),
					 redesignation of portion of subsection (c) as new subsection (d) and 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 (a), new
					 subsection (b), subsection relettering and amendment of NOTE filed 9-13-2016;
					 operative 10-1-2016 pursuant to Government Code section
					 17527(g)
					 (Register 2016, No. 38).
6. Amendment of subsections (d) and (e)
					 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).
7. Editorial correction of HISTORY 6
					 (Register 2018, No. 18).
8. Amendment of subsections (d)-(e) filed
					 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).
9. Amendment
					 of subsections (a)-(b) filed 8-16-2021; operative 10-1-2021 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
					 (Register 2021, No. 34).
Note: Authority cited: Sections
						17527(g)
						and
						17553(a),
						Government Code. Reference: Sections
						17551(d),
						17553(d),
						17558.5(c)
						and
						17558.7(a),
						Government Code.