reglab/statecodes huggingface dataset:
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 1187.8 - Representation at Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  party may appear in person or through an authorized representative. An
				  authorized representative may be an individual, firm, or organization. When
				  using an authorized representative, a party shall designate in writing the
				  authorized representative to act as its sole representative and shall certify,
				  file, and serve written notice identifying the authorized representative in
				  accordance with section
				  1181.3 of these
				  regulations.
(b) A representative
				  of a party shall be deemed to control all matters respecting the interest of
				  that party in the proceeding. All correspondence and communications shall be
				  issued to the authorized representative. Any current member of a designated
				  firm or organization may appear as the party's representative, without
				  requiring the party withdraw the designation and designate a new
				  representative.
(c) Withdrawal of
				  appearance of any representative may be effected by certifying, filing, and
				  serving a written notice of withdrawal in accordance with section
				  1181.3 of these regulations. Any
				  change in representation shall be authorized by the party in writing and
				  certified, filed, and served in accordance with section
				  1181.3 of these
				  regulations.
Note: Authority cited: Sections 17527(c), 17527(g),
						17553(a), 17558.7, 17570, 17615.1 and 17615.8, Government Code; and Section
						17000.6, Welfare and Institutions Code. Reference: Sections 17527(c), 17551,
						17553, 17557, 17557.2, 17570, 17571 and 17615.7, Government Code.
Note: Authority cited:
						17527(c),
						17527(g),
						17551,
						17553(a),
						17555, 17620, 17621 and 17622, Government Code. Reference: Sections
						17527(c),
						17551 and
						17553, 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 1187.10 - Decision; Action on Proposed Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Commission shall adopt a decision for
				  all matters subject to hearings and decisions under article 7 of these
				  regulations.
(b) If a matter is
				  heard before the Commission itself, the Commission may adopt the proposed
				  decision on the same day as the hearing.
(c) If a matter is heard by a hearing panel
				  or a hearing officer alone, the panel or hearing officer shall prepare a
				  proposed decision that may be adopted as the decision of the Commission at the
				  next Commission meeting.
(d) A copy
				  of the proposed decision shall be filed by Commission staff as a public record
				  and a copy of the proposed decision shall be served by Commission staff on each
				  party. The Commission itself may adopt the proposed decision or decide the case
				  itself, provided that the Commission itself shall decide no matters provided
				  for in this subdivision without affording the parties the opportunity to
				  present either oral or written argument before the Commission.
(e) If the proposed decision of Commission
				  staff is not adopted by the Commission, as provided in subsections (b) or (c),
				  the Commission shall direct appropriate modification of the proposed decision
				  and thereafter adopt it as the Commission's decision.
(f) Except as provided for in subdivision
				  (b), the proposed decision shall be prepared within a reasonable time following
				  submission of the matter to the hearing officer or panel, and within a
				  reasonable time after the evidentiary hearing. It shall be served on the
				  parties promptly thereafter.
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
						17553(a),
						Government Code. Reference: Sections
						17532,
						17551 and
						17553(a),
						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 1187.11 - Form of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  decision adopted pursuant to evidence introduced at an adjudicatory hearing
				  shall be in writing, be based on the record, and shall include a statement of
				  reasons for the decision, findings and conclusions. A copy of the decision
				  shall be served on those identified on the mailing list established pursuant to
				  section 1181.4 of these regulations. The
				  effective date of the decision is the date it is first mailed or
				  served.
(b) After a decision has
				  been adopted and served, it shall not be changed except to correct clerical
				  errors, in which case a corrected decision shall be prepared and served on all
				  persons on the mailing list prepared pursuant to section
				  1181.4 of these
				  regulations.
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
						17553(a),
						Government Code; and Topanga Association for a Scenic Community v. County of
						Los Angeles (1974) 11 Cal.3d 506. Reference: Sections
						17551 and
						17553(a),
						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 1187.12 - Withdrawal of a Matter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A matter, or any portion of a matter, other than a test
					 claim, may be withdrawn by written application of the claimant or requester any
					 time before a decision is adopted, or by oral application at the time of
					 hearing. A test claim, or portion thereof, may be withdrawn by the claimant
					 upon written application to the executive director any time before a decision
					 is adopted or after enactment of a legislatively determined mandate on the same
					 statute or executive order pursuant to Government Code section
					 17574. The
					 claimant or requester shall certify, file, and serve the written application in
					 accordance with section
					 1181.3 of these regulations.
					 Dismissal of items withdrawn pursuant to this section shall be in accordance
					 with the procedures described in section
					 1187.14 of these
					 regulations.
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 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).
4. Editorial correction of HISTORY 3
					 (Register 2018, No. 18).
Note: Authority cited: Sections
						17527(g)
						and
						17553(a),
						Government Code. Reference: Sections
						17551 and
						17553,
						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 1187.13 - Abandonment of a Matter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  executive director may deem a matter "abandoned" if any of the following occur:
(1) The claimant or requester does not
				  respond, within 60 days of service, to a written notification sent to the
				  superintendent of the school district or chief administrative officer of the
				  local agency or director of a state agency that the matter will be deemed
				  "abandoned."
(2) The matter has
				  been postponed or placed on inactive status by the claimant or requester for a
				  period of more than one year. However, delays or postponements under the
				  following circumstances will not be considered for purposes of computing
				  whether a matter has been postponed or placed on inactive status by the
				  claimant or requester for more than one year:
(A) Delays or postponements made at the
				  request of the Commission or opposing party to the matter;
(B) Delays or postponements, made at the
				  request of the claimant or requester, pending the resolution of a matter
				  currently before the Commission of an issue similar to or related to the
				  postponed matter; and
(C) Delays or
				  postponements, made at the request of the claimant or requester, pending the
				  resolution of litigation of an issue similar to or related to the postponed
				  matter.
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 1187.14 - Substitution of Parties and Dismissal of a Matter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A matter, other than a test claim, that
				  has been withdrawn in accordance with section
				  1187.12 or deemed abandoned in
				  accordance with section
				  1187.13, may be dismissed by the
				  executive director. Commission staff shall issue a written notice of dismissal
				  to everyone on the mailing list for the matter to be dismissed.
(b) A test claim that has been withdrawn or
				  deemed abandoned may be dismissed by the Commission on its own motion or by a
				  motion of a party after notice and an opportunity to be heard has been provided
				  to the claimant, parties and interested parties as provided below.
(1) For test claims that are withdrawn,
				  deemed abandoned, or filed by an agency that is not eligible to seek
				  reimbursement because it is not subject to the taxing and spending limitations
				  of article XIII A and B of the California Constitution, Commission staff shall
				  serve written notice to initiate dismissal of the test claim to everyone on the
				  mailing list for the matter. The notice shall announce that another local
				  agency or school district may take over the claim by substitution of parties
				  within 60 days of the issuance of the notice. The notice shall also announce
				  the opportunity to file written comments on the proposed dismissal of the test
				  claim. A copy of the notice shall also be posted on the Commission's
				  website.
(2) 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.
(3) If no other local
				  agency or school district takes over the test claim by substitution of parties
				  within 60 days of the issuance of the notice, the Commission shall hear the
				  proposed dismissal of the test claim.
(4) The hearing on a dismissal of a test
				  claim shall be conducted in accordance with article 7 of these
				  regulations.
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 1187.15 - Reconsideration of an Adopted Decision on a Test Claim or Incorrect Reduction Claim

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Notwithstanding section
				  1187.11(b) of
				  these regulations, the Commission may order a reconsideration or amend all or
				  part of an adopted decision on a test claim (including a new test claim
				  decision adopted pursuant to a mandate redetermination) or incorrect reduction
				  claim on petition of any party, interested party, or Commission member only
				  upon a showing of new or different facts, circumstances, or law, or a clerical
				  error. The power to order a reconsideration or amend an adopted decision on a
				  test claim or incorrect reduction claim shall expire 30 days after the adopted
				  decision is served on the claimant or requester. If additional time is needed
				  to evaluate a petition for reconsideration filed before the expiration of the
				  30-day period, the Commission may grant a stay of that expiration for no more
				  than 30 days, solely for the purpose of considering the petition. A request for
				  reconsideration shall be deemed automatically stayed for the 30-day period. If
				  no action is taken on a petition within the time allowed for ordering
				  reconsideration, the petition shall be deemed denied.
(b) All requests for reconsideration from any
				  party or interested party shall be certified, filed, and served in accordance
				  with section
				  1181.3 of these regulations and
				  shall contain the following:
(1) The name and
				  address of the requester;
(2) A
				  copy of the Commission's adopted decision;
(3) A detailed statement of the clerical
				  error or the new or different facts, circumstances, or law supporting the
				  request, and all documentation to support the request. For the purposes of this
				  section, an alleged new or different law shall not include a later enacted
				  statute without a retroactive application.
(4) A description of the proposed amendment
				  to the decision on the test claim or incorrect reduction claim; and
(5) If representations of fact are made, they
				  shall be supported by documentary or testimonial evidence in accordance with
				  section 1187.5 of these
				  regulations.
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 1188 - Oral and Written Arguments. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 and new 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).
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
						17553(a),
						Government Code. Reference: Sections
						17527,
						17532,
						17551,
						17553(a),
						17557(e),
						17615.1,
						17571,
						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 8 - Rulemaking and Informational Hearings › Section 1188.1 - Scheduling and Noticing of an Informational Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Commission may, upon its own motion,
				  set an informational hearing on any subject within its jurisdiction. Matters
				  subject to informational hearings under article 8 of these regulations include:
				  a proposed assignment of an article 7 matter to a hearing officer, a rulemaking
				  proceeding, the adoption of a statewide cost estimate, and any other subject
				  that meets the definition of "informational hearing" in section
				  1181.2 of these regulations and is
				  not subject to hearings under article 7 of these regulations.
(b) An article 8 matter is set for hearing
				  when Commission staff issues its notice and agenda providing the date, time,
				  and place of the hearing to everyone on the mailing list described in section
				  1181.4 of these
				  regulations.
(c) Commission staff
				  shall issue notice of an informational hearing in accordance with Government
				  Code section
				  11120 et
				  seq. The notice shall include the following:
(1) A statement of the authority pursuant to
				  which the hearing is ordered, and a reference to any code sections or other
				  provisions of law pursuant to which the information is to be gathered or
				  disseminated;
(2) A statement of
				  the nature and purpose of the proceedings;
(3) A statement requiring the presence and
				  participation of any persons the Commission may direct, consistent with the
				  nature and purpose of the proceedings;
(4) A statement indicating the time during
				  which written comments will be received and the manner by which the comments
				  shall be filed;
(5) A statement
				  that any person may make oral comments on the subject of the hearing;
				  and
(6) A statement setting forth
				  additional procedures deemed necessary by the Commission and not inconsistent
				  with these regulations.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 8 - Rulemaking and Informational Hearings › Section 1188.2 - Rulemaking

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Petitions:
(1) Any person may petition the Commission to
				  request rulemaking hearings. The petition shall be filed and served in
				  accordance with section
				  1181.3 of these regulations and
				  shall include:
(A) The name, address, and
				  telephone number of the petitioner;
(B) The substance or nature of the
				  regulation, amendment, or repeal requested;
(C) The reasons for the request;
				  and
(D) Reference to the authority
				  of the Commission to take the action requested.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 8 - Rulemaking and Informational Hearings › Section 1188.3 - Withdrawal of a Matter. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. 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).
2. 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).
3.
					 Amendment of section heading, 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).
4. 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),
						17553,
						17573 and
						17574,
						Government Code. Reference: Sections
						17551,
						17553,
						17557,
						17571,
						17573,
						17574,
						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 8 - Rulemaking and Informational Hearings › Section 1188.31 - Dismissal of Matters. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 4-5-2001; operative 5-5-2001. Submitted to OAL for printing only
					 pursuant to Government Code section
					 17527
					 (Register 2001, No. 14).
2. Amendment of section heading, 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).
3. 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(c),
						17527(g)
						and
						17553(a),
						Government Code. Reference: Sections
						17525,
						17527(c),
						17532,
						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 8 - Rulemaking and Informational Hearings › Section 1188.4 - Reconsideration of a Prior Final Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-17-98; operative 7-17-98. Submitted to OAL for printing only
					 (Register 98, No. 29).
2. Amendment of section and NOTE filed
					 2-2-2001; operative 3-4-2001. Submitted to OAL for printing only pursuant to
					 Government Code section
					 17527
					 (Register 2001, No. 5).
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. 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
						17500,
						17527(c) and
						(g),
						17553(a)
						and
						17559(a),
						Government Code. Reference: Sections
						17532,
						17551 and
						17559,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 8 - Rulemaking and Informational Hearings › Section 1188.5 - Amendment of a Prior Final Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-17-98; operative 7-17-98. Submitted to OAL for printing only
					 (Register 98, No. 29).
2. Repealer 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).
Note: Authority cited: Sections
						17500,
						17527(c) and
						(g) and
						17553(a),
						Government Code. Reference: Sections
						17532,
						17551 and
						17559,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 8 - Rulemaking and Informational Hearings › Section 1189 - Assignment of Matter to a Hearing Panel or Hearing Officer. [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). For prior history, see Register96, No.
					 30.
2. Repealer of article 8 (sections
					 1189-1189.3) 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(c),
						17527(g)
						and
						17553(a),
						Government Code. Reference: Sections
						17525,
						17527(c),
						17532,
						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 8 - Rulemaking and Informational Hearings › Section 1189.1 - Petitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
					 correction of printing error of subsection (c) (Register 86, No.
					 12).
2. Repealer and new 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).
3. 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: Section
						17527(g),
						Government Code. Reference: Sections
						11347,
						11347.1,
						17527(g)
						and
						17530,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 8 - Rulemaking and Informational Hearings › Section 1189.2 - Commission Orders. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (a) and NOTE filed 7-23-96; operative 7-23-96. Submitted to OAL
					 for printing only (Register 96, No. 30).
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: Section
						17527(g),
						Government Code. Reference: Sections
						11340.6,
						11340.7,
						17527(c) and
						(g) and
						17551,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 8 - Rulemaking and Informational Hearings › Section 1189.3 - Notice. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (b) 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).
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: Section
						17527(g),
						Government Code. Reference: Sections
						17527(g)
						and
						11346.4,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 8 - Rulemaking and Informational Hearings › Section 1189.4 - Use of Testimony. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of section and NOTE filed 7-23-96; operative 7-23-96. Submitted to OAL for
					 printing only (Register 96, No. 30).
2. Repealer 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).
Note: Authority cited: Section
						17527(g),
						Government Code. Reference: Section
						17527(e),
						17551 and
						17553(a),
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 8 - Rulemaking and Informational Hearings › Section 1189.5 - Questioning. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 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).
Note: Authority cited and Reference: Sections
						17527 and
						17532,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 8.5 - Forms [Repealed] › Section 1189.6 - Development and Approval of Commission Forms. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						17527(g)
						and
						17553(a),
						Government Code. Reference: Sections
						17530,
						17553 and
						17557(a),
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 8.5 - Forms [Repealed] › Section 1189.61 - Waiver of Forms Requirement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						17527(g),
						Government Code. Reference: Section
						17530,
						17553 and
						17557(a),
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 9 - Conflict-of-Interest Code for the Commission on State Mandates › Section 1189.11 - Ethics Orientation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The commission shall provide an ethics orientation course and establish a
				  schedule for training employees designated in Appendix A by December 31, 2003
				  and every two calendar years thereafter.
(b) Not later than December 31, 2003, and
				  every two calendar years thereafter, each designated employee shall complete
				  ethics orientation training. Employees who become designated employees after
				  January 1, 2004, shall complete the training within six months of appointment
				  and thereafter according to the schedule established by the commission. Members
				  and alternates of the commission may take training with their employing agency
				  and certify to the commission that they have completed the training.
1. New
					 section filed 2-23-2004; operative 2-23-2004. Submitted to OAL for printing
					 only (Register 2004, No. 9).
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 10 - Mandate Redetermination Process › Section 1190 - Filing a Request to Adopt a New Test Claim Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article 10 (sections
					 1190-1190.05) and section filed
					 11-23-2010 as an emergency; operative 11-23-2010 (Register 2010, No. 48).
					 Pursuant to Government Code section
					 17527 this
					 is a deemed emergency and exempt from OAL review. A Certificate of Compliance
					 must be transmitted to OAL by 5-23-2011 or emergency language will be repealed
					 by operation of law on the following day.
2. Certificate of
					 Compliance as to 11-23-2010 order transmitted to OAL 3-25-2011 and filed
					 5-4-2011. Exempt from OAL review pursuant to Government Code section
					 17527(g)
					 (Register 2011, No. 18).
3. Repealer of article 10 (sections
					 1190-1190.05) 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
						17570(d),
						Government Code. Reference: Sections
						17530 and
						17570,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 10 - Mandate Redetermination Process › Section 1190.01 - Review and Response. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 11-23-2010 as an emergency; operative 11-23-2010 (Register 2010,
					 No. 48). Pursuant to Government Code section
					 17527 this
					 is a deemed emergency and exempt from OAL review. A Certificate of Compliance
					 must be transmitted to OAL by 5-23-2011 or emergency language will be repealed
					 by operation of law on the following day.
2. Certificate of
					 Compliance as to 11-23-2010 order transmitted to OAL 3-25-2011 and filed
					 5-4-2011. Exempt from OAL review pursuant to Government Code section
					 17527(g)
					 (Register 2011, No. 18).
3. 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
						17570(d),
						Government Code. Reference: Sections
						17530 and
						17570,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 10 - Mandate Redetermination Process › Section 1190.02 - Rebuttal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 11-23-2010 as an emergency; operative 11-23-2010 (Register 2010,
					 No. 48). Pursuant to Government Code section
					 17527 this
					 is a deemed emergency and exempt from OAL review. A Certificate of Compliance
					 must be transmitted to OAL by 5-23-2011 or emergency language will be repealed
					 by operation of law on the following day.
2. Certificate of
					 Compliance as to 11-23-2010 order transmitted to OAL 3-25-2011 and filed
					 5-4-2011. Exempt from OAL review pursuant to Government Code section
					 17527(g)
					 (Register 2011, No. 18).
3. 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
						17570(d),
						Government Code. Reference: Sections
						17530 and
						17570,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 10 - Mandate Redetermination Process › Section 1190.03 - Informal Conference. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 11-23-2010 as an emergency; operative 11-23-2010 (Register 2010,
					 No. 48). Pursuant to Government Code section
					 17527 this
					 is a deemed emergency and exempt from OAL review. A Certificate of Compliance
					 must be transmitted to OAL by 5-23-2011 or emergency language will be repealed
					 by operation of law on the following day.
2. Certificate of
					 Compliance as to 11-23-2010 order transmitted to OAL 3-25-2011 and filed
					 5-4-2011. Exempt from OAL review pursuant to Government Code section
					 17527(g)
					 (Register 2011, No. 18).
3. 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
						17570(d),
						Government Code. Reference: Sections
						17530 and
						17570,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 10 - Mandate Redetermination Process › Section 1190.04 - Executive Director's Authority to Consolidate Requests to Adopt a New Test Claim Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 11-23-2010 as an emergency; operative 11-23-2010 (Register 2010,
					 No. 48). Pursuant to Government Code section
					 17527 this
					 is a deemed emergency and exempt from OAL review. A Certificate of Compliance
					 must be transmitted to OAL by 5-23-2011 or emergency language will be repealed
					 by operation of law on the following day.
2. Certificate of
					 Compliance as to 11-23-2010 order transmitted to OAL 3-25-2011 and filed
					 5-4-2011. Exempt from OAL review pursuant to Government Code section
					 17527(g)
					 (Register 2011, No. 18).
3. 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
						17570(d),
						Government Code. Reference: Sections
						17530 and
						17570,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 10 - Mandate Redetermination Process › Section 1190.05 - Hearing Process and Form of Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The First Hearing:
1. New
					 section filed 11-23-2010 as an emergency; operative 11-23-2010 (Register 2010,
					 No. 48). Pursuant to Government Code section
					 17527 this
					 is a deemed emergency and exempt from OAL review. A Certificate of Compliance
					 must be transmitted to OAL by 5-23-2011 or emergency language will be repealed
					 by operation of law on the following day.
2. Certificate of
					 Compliance as to 11-23-2010 order, including adoption of NOTE, transmitted to
					 OAL 3-25-2011 and filed 5-4-2011. Exempt from OAL review pursuant to Government
					 Code section
					 17527(g)
					 (Register 2011, No. 18).
3. 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
						17570(d),
						Government Code. Reference: Sections
						17530 and
						17570,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 10 - Mandate Redetermination Process › Section 1190.2 - Review and Response

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 10 days of receipt of a complete request for mandate redetermination,
				  Commission staff shall issue a written notice to the Department of Finance,
				  Office of the State Controller, any affected state agency, the original test
				  claimant, and any known interested party, that:
(1) A copy of the request for mandate
				  redetermination has been posted on the Commission's website, and
(2) Written comments concerning the request
				  for mandate redetermination may be filed within 30 days and evidence may also
				  be presented at the hearing on the request for mandate
				  redetermination.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 10 - Mandate Redetermination Process › Section 1190.3 - Rebuttal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Parties and
				  interested parties shall be given an opportunity to rebut written comments
				  concerning a request for mandate redetermination by filing written rebuttals
				  within 30 days of service of the comments.
(b) Content and Form. A written rebuttal
				  shall contain the following documentary evidence, if applicable:
(1) If representations of fact are made, they
				  must be supported by documentary or testimonial evidence in accordance with
				  section 1187.5 of these
				  regulations.
(2) A copy of relevant
				  portions of state constitutional provisions, federal statutes, and executive
				  orders, and a copy of administrative decisions and court decisions that are
				  cited in the rebuttal, unless the authorities are also cited in the request to
				  adopt a new test claim decision or any response thereto. The specific statutes
				  and chapters, articles, sections, and page numbers shall be identified.
				  Published court decisions arising from state mandate determinations by the
				  Board of Control and the Commission, article XIII B, section
				  6 of the California Constitution,
				  and Government Code sections
				  17500 et
				  seq., are exempt from the requirements of this subsection. When an omnibus bill
				  is relevant to the rebuttal, only the relevant pages of the statute, including
				  the Legislative Counsel's Digest and the specific statutory amendments at issue
				  shall be filed.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 10 - Mandate Redetermination Process › Section 1190.4 - Executive Director's Authority to Consolidate Requests for Mandate Redetermination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The executive director may consolidate
				  two or more requests for mandate redetermination for the second hearing, if
				  some or all of the same statutes, regulations or executive orders are at issue,
				  if necessary to ensure the complete, fair, or timely consideration of any
				  request for mandate redetermination.
(b) At least 10 days before the action is
				  taken, the executive director shall serve on the parties and interested parties
				  on the mailing list described in section
				  1181.4 of these regulations, and
				  post on the Commission's website, a notice of any proposed action to
				  consolidate.
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),
						17553(a)
						and
						17570(d),
						Government Code. Reference: Sections
						17530,
						17554 and
						17570,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 1.5 - Contract Protest Procedures; Protest Procedures for Consulting and Services Contracts › Section 1195 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this article:
(a) "Department" shall mean the Department of
				  General Services.
(b) An
				  "interested party" shall be defined as one of the following:
(1) The State agency which proposed the
				  protested award;
(2) A protestant
				  claiming to be the lowest responsible bidder meeting specifications, or, in any
				  other instance, where the protestant claiming that the protestant would have
				  been the awardee if the prescribed procedure for making the award had been
				  followed.
(3) The proposed contract
				  awardee.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 1.5 - Contract Protest Procedures; Protest Procedures for Consulting and Services Contracts › Section 1195.2 - Disposition Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Following receipt of a protest filed as prescribed by these
					 regulations, the department shall determine whether the protest is to be
					 resolved by written submission of material or by public hearing. In the event a
					 public hearing is to be held, the department shall set a date, time and place
					 for the hearing and shall so notify all interested parties not less than 5
					 calendar days in advance of the hearing. The department may, in its discretion
					 upon notice to all interested parties, change the date of, postpone or continue
					 the hearing at the request of an interested party upon a showing of good cause
					 or upon its own motion.
The location of the hearing shall be at the discretion of
					 the hearing officer and situated for the convenience of all parties.
In the event the protest is to be determined through
					 written submissions, notice shall be sent to all interested parties, each of
					 whom may submit written argument in support of its position in accordance with
					 the deadline established by the hearing officer. The determination that the
					 protest hall be determined through written submission shall be made upon the
					 hearing officer's evaluation that oral or additional testimony would be
					 unnecessary to a full understanding of the issues.
Any written submission to the department including that
					 submitted for purposes of the hearing shall be in an original and two copies,
					 together with proof of service of a copy to each interested party.
At any time the department finds that a protest is clearly
					 insufficient on its face, entirely without merit, or outside the scope of the
					 jurisdiction of the department, it may make final disposition of the protest
					 forthwith.
Note: Authority cited: Sections
						10376,
						10378,
						10343
						and
						10345,
						Public Contract Code. Reference: Sections
						10376,
						10378,
						10343
						and
						10345,
						Public Contract Code.