California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 10 - Mandate Redetermination Process › Section 1190.1 - Filing a Request to Adopt a New Test Claim Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A local agency or a school district,
				  statewide association of local agencies or school districts, the Department of
				  Finance, Office of the State Controller, or other affected state agency, may
				  file a request to adopt a new test claim decision to supersede a previously
				  adopted test claim decision by making a showing that the state's liability
				  pursuant to Article XIII B, section
				  6(a) of the
				  California Constitution for the previously adopted test claim decision has been
				  modified based on a "subsequent change in law" as defined by Government Code
				  section
				  17570(a)(2).
				  Such a request is known as a "request for mandate redetermination."
(b) All requests for mandate redetermination
				  shall be filed on a form developed by the executive director and shall contain
				  a detailed analysis of how and why the state's liability for mandate
				  reimbursement has been modified pursuant to article XIII B, section
				  6(a) of the
				  California Constitution and all of the elements and accompanying documents
				  required by the form and Government Code section
				  17570(d).
				  If representations of fact are made, they shall be supported by documentary or
				  testimonial evidence in accordance with section
				  1187.5 of these
				  regulations.
(c) The detailed
				  analysis of how and why the state's liability for mandate reimbursement has
				  been modified pursuant to article XIII B, section
				  6(a) of the
				  California Constitution based on a "subsequent change in law" as defined by
				  Government Code section
				  17570
				  requires more than a written narrative or simple statement of the facts and
				  law. It requires the application of the law (Gov. Code §
										17570 (a) and
				  (b)) to the facts (i.e. the alleged
				  subsequent change in law) discussing, for each activity addressed in the prior
				  test claim decision, how and why the state's liability for that activity has
				  been modified. Specific references shall be made to statutes and chapters,
				  articles, sections, and page numbers that are alleged to impose or not impose a
				  reimbursable state-mandated program.
(d) A request for mandate redetermination and
				  accompanying documents shall be certified, filed, and served in accordance with
				  section 1181.3 of these
				  regulations.
(e) Within 10 days of
				  receipt of a request for mandate redetermination, Commission staff shall notify
				  the requester if the request is complete or incomplete and refer the requester
				  to these regulations. Requests for mandate redetermination shall be considered
				  incomplete if any of the elements required in subdivisions (b), (c), or (d) of
				  this section are illegible or are not included. If a complete request for
				  mandate redetermination is not received within 30 calendar days from the date
				  the incomplete request was returned, the executive director shall disallow the
				  original request filing date. New requests for mandate redetermination may be
				  accepted on the same subsequent change in law alleged to modify the state's
				  liability pursuant to article XIII B, section
				  6(a) of the
				  California Constitution.
(f) A
				  request for mandate redetermination shall be filed on or before June 30
				  following a fiscal year in order to establish eligibility for reimbursement or
				  loss of reimbursement for that fiscal year.
(g) A requester may not add a new subsequent
				  change in law to a request for mandate redetermination after the request has
				  been deemed complete.
(h) Any
				  request for mandate redetermination that fails to allege a "subsequent change
				  in law," as defined by Government Code section
				  17570,
				  shall be returned by the executive director with a written notice stating the
				  reason that the request is being returned. These filings may include, but are
				  not limited to, requests that meet the requirements for a proposed parameters
				  and guidelines amendment or a new test claim filing.
1. New
					 article 10 (sections
					 1190.1-1190.5) 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).
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 of subsections (a) and (c)
					 filed 9-13-2016; operative 10-1-2016 pursuant to Government Code section
					 17527(g)
					 (Register 2016, No. 38).
4. Amendment of subsections (b) and (d)
					 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).
5. Editorial correction of HISTORY 4
					 (Register 2018, No. 18).
6. Amendment of subsection (b) filed
					 1-23-2020; operative 4-1-2020 (Register 2020, No.
					 4).
Note: Authority cited: Sections
						17527(g),
						17553(a)
						and
						17570(d),
						Government Code. Reference: Sections
						17530 and
						17570,
						Government Code.