California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 3 - Test Claims › Section 1183.13 - Adoption of Parameters and Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in section
				  1183.9(d) of these
				  regulations, after review of the test claim decision, claimant's proposed
				  parameters and guidelines or draft expedited parameters and guidelines, and
				  written comments and rebuttals, Commission staff shall prepare a draft proposed
				  decision and parameters and guidelines. Commission staff's recommendation may
				  include a reasonable reimbursement methodology developed pursuant to Government
				  Code section
				  17518.5
				  and proposed pursuant to section
				  1183.12 of these
				  regulations.
(b) Written comments
				  on the draft proposed decision and parameters and guidelines shall be
				  certified, filed, and served in accordance with section
				  1181.3 of these regulations, by the
				  date noticed by the executive director. A three-week period for comments shall
				  be given, subject to the executive director's authority to expedite all matters
				  pursuant to Government Code section
				  17530. If
				  representations of fact are made, they shall be supported by documentary or
				  testimonial evidence in accordance with section
				  1187.5 of these regulations. All
				  written comments timely filed shall be reviewed by Commission staff and may be
				  incorporated into the proposed decision and parameters and
				  guidelines.
(c) It is the
				  Commission's policy to discourage the introduction of late comments, exhibits,
				  or other evidence filed after the three-week comment period described in
				  subdivision (b) of this section. The Commission need not rely on, and staff
				  need not respond to, late comments, exhibits, or other evidence filed in
				  response to a draft proposed decision and parameters and guidelines after the
				  comment period expires.
(d) The
				  Commission shall conduct a hearing in accordance with article 7 of these
				  regulations before adoption of the proposed decision and parameters and
				  guidelines.
(e) Within 10 days
				  after the adoption of the decision and parameters and guidelines, the executive
				  director shall issue it to the Office of the State Controller and to everyone
				  on the mailing list described in section
				  1181.4 of these regulations, and
				  shall post a copy on the Commission's website.
1. New
					 section 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).
2. New subsections (a)-(b)(2)(C) and
					 subsection relettering filed 9-10-2007; operative 9-10-2007. Exempt from OAL
					 review and submitted to OAL for printing only pursuant to Government Code
					 section
					 17527(g)
					 (Register 2007, No. 37).
3. Amendment of section and NOTE filed
					 4-24-2008; operative 4-24-2008 pursuant to Government Code section
					 11343.4.
					 Submitted to OAL for printing only (Register 2008, No. 17).
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 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
					 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 (a)-(c) and (e)
					 filed 1-23-2020; operative 4-1-2020 (Register 2020, No.
					 4).
Note: Authority cited: Sections
						17527(g)
						and
						17553(a),
						Government Code. Reference: Sections
						17518.5,
						17530,
						17553(a)
						and
						17557,
						Government Code.