California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 1 - General › Section 1181.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise indicated, the following definitions and
					 those found in Government Code sections
					 17510
					 through
					 17524
					 apply to this chapter:
(a) "Affected
				  state agency" means a state department or agency that is responsible, in whole
				  or in part, for implementation, enforcement, or administration of any statutes
				  or executive orders that are the subject of a matter.
(b) "Amendment" of a test claim means the
				  addition of new allegations based on new statutes or executive orders to an
				  existing test claim. The addition or substitution of parties and supporting
				  declarations based on the original statutes or executive orders alleged in an
				  existing test claim is not an "amendment."
(c) "Claimant" means the local agency or
				  school district filing a test claim or incorrect reduction claim.
(d) "Commission staff" means the executive
				  director, legal counsel, or other Commission employee authorized by the
				  Commission or the executive director to represent the Commission on a specific
				  claim or request, or to receive filings at the Commission office.
(e) "Completed" means that all general and
				  specific requirements for a new filing have been satisfied by the claimant or
				  requester.
(f) "Filing date" means
				  the date received at the Commission's office during normal business hours by
				  any of the methods described in section
				  1181.3 of these regulations.
				  "Normal business hours" means from 8 a.m. until 5 p.m. of each day from Monday
				  to Friday, inclusive, other than state holidays, as provided by Government Code
				  section
				  11020(a).
(g) "Incorrect reduction claim" means a claim
				  alleging that the Office of State Controller incorrectly reduced the
				  reimbursement claim of a local agency or school district.
(h) "Informational hearing" means any hearing
				  designed to gather and assess information to assist the Commission in
				  formulating policies, informing the public of Commission actions, or obtaining
				  public comment and opinion.
(i)
				  "Interested party" means a local agency, school district, or state agency, with
				  a beneficial interest in the matter.
(j) "Interested person" means any individual,
				  local agency, school district, state agency, corporation, partnership,
				  association, or other type of entity, who has an interest in a matter before
				  the Commission, but is not a party or interested party with respect to that
				  matter.
(k) "New filing" means a
				  test claim, incorrect reduction claim, request to amend parameters and
				  guidelines, joint request for reasonable reimbursement methodology and
				  statewide estimate of costs, request for review of claiming instructions,
				  request for removal or inclusion of a program in the State Mandates
				  Apportionment System, request for review of the apportionment or base year
				  entitlement of a program in the State Mandates Apportionment System, request
				  for mandate redetermination, or a legislatively determined mandate.
(l) "Party" includes a party's representative
				  of record who is expressly authorized in writing to act on the party's behalf.
				  A party's representative may be an individual, firm or organization. When a
				  party authorizes a firm or organization to represent them in writing, any
				  current member of the firm or organization may act on the party's behalf
				  without requiring a separate authorization. Party means the following for each
				  matter as specified below:
(1) "Party to a
				  Test Claim" means the test claimant, the Department of Finance, and other
				  affected state agencies.
(2) "Party
				  to an Incorrect Reduction Claim" means the claimant and the Office of State
				  Controller.
(3) "Party to a Request
				  to Amend Parameters and Guidelines" means the requester, the Department of
				  Finance, the Office of State Controller, affected state and local agencies, and
				  affected school districts.
(4)
				  "Party to a Joint Request for Reasonable Reimbursement Methodology" and "Party
				  to a Jointly Proposed Request for Early Termination of Reasonable Reimbursement
				  Methodology" means the test claimant and the Department of Finance.
(5) "Party to a Request for Review of
				  Claiming Instructions" means the requester and the Office of State
				  Controller.
(6) "Party to a Request
				  for Removal or Inclusion in State Mandates Apportionment System" and "Party to
				  a Request for Review of the Apportionment or Base Year Entitlement of a Program
				  in the State Mandates Apportionment System" means the requester, the Department
				  of Finance, and the Office of State Controller.
(7) "Party to a Request for Mandate
				  Redetermination" means the requester, the Department of Finance, the Office of
				  State Controller, affected state and local agencies, and affected school
				  districts.