California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 3 - Test Claims › Section 1183.11 - Alternative Process: Joint Reasonable Reimbursement Methodology and Statewide Estimate of Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Notwithstanding Government Code section
				  17557,
				  within 30 days of the adoption of a decision on a test claim, the successful
				  test claimant and the Department of Finance may notify the executive director
				  in writing of their intent to follow the process described in Government Code
				  sections
				  17557.1-
				  17557.2 to
				  develop a reasonable reimbursement methodology and statewide estimate of
				  costs.
(b) The written notification
				  shall provide all information and filing dates, as specified in Government Code
				  section
				  17557.1(a),
				  and shall be certified, filed, and served in accordance with section
				  1181.3 of these
				  regulations.
(c) At the request of
				  the test claimant and the Department of Finance, the executive director may
				  provide for up to four extensions of the 180-day period to file the draft
				  reasonable reimbursement methodology and proposed statewide estimate of costs
				  for the initial claiming period and budget year. Any request must be based on
				  good cause as described in section
				  1187.9 and also include an update
				  of all information and filing dates provided in the original written
				  notification filed pursuant to Government Code section
				  17557.1(a).
				  If no draft has been filed and no request for an extension has been made by the
				  filing date specified in the notice of intent to develop a reasonable
				  reimbursement methodology, or if all extensions have been exhausted, the
				  executive director shall issue a letter notifying the test claimant of the duty
				  to file proposed parameters and guidelines within 30 days under Government Code
				  section
				  17557(a).
(d) The test claimant and Department of
				  Finance shall certify, file, and serve any filings made pursuant to Government
				  Code section
				  17557.1 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) Commission staff
				  shall notify all recipients that they shall have the opportunity to file
				  written comments concerning the draft reasonable reimbursement methodology and
				  proposed statewide estimate of costs within 15 days of service.
(f) Written comments 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.
(g) Within seven days
				  of service of the written comments, the test claimant and Department of Finance
				  may file written rebuttals which 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.
(h) At least 10 days
				  prior to the next hearing, Commission staff shall review comments and issue a
				  staff recommendation on whether the Commission should approve the draft
				  reasonable reimbursement methodology and adopt the proposed statewide estimate
				  of costs pursuant to Government Code section
				  17557.2.
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 (b)-(d) 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 heading, new
					 subsections (a) and (b), subsection relettering and amendment of newly
					 designated subsections (c)-(f) 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 subsection (a) 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).
5.
					 Amendment of subsections (c) and (e)-(f) 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).
6. 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).
7. 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).
8. Amendment of subsection (c) filed
					 9-13-2016; operative 10-1-2016 pursuant to Government Code section
					 17527(g)
					 (Register 2016, No. 38).
9. Amendment of subsections (b), (d), (f)
					 and (g) 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).
10. Editorial correction of HISTORY 9
					 (Register 2018, No. 18).
11. Amendment of section heading and
					 subsections (c)-(g) 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
						17557,
						17557.1
						and
						17557.2,
						Government Code.