California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 5 - Incorrect Reduction Claims › Section 1185.7 - Review of Completed Incorrect Reduction Claims and Preparation of Proposed Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Commission shall conduct a hearing in accordance with article 7 of these
				  regulations before adopting a decision on an individual or consolidated
				  incorrect reduction claim.
(b)
				  Before hearing an individual or consolidated incorrect reduction claim,
				  Commission staff shall prepare a proposed decision for the incorrect reduction
				  claim that shall include a review of the incorrect reduction claim, comments
				  and rebuttals filed on the claim and, to the extent that it is relevant to the
				  claim, a review of the test claim decision and decision and parameters and
				  guidelines. The proposed decision shall also include a staff recommendation on
				  whether the claimant's reimbursement claim was incorrectly reduced.
(c) At least eight weeks before the hearing
				  or at a time required by the executive director or stipulated to by the
				  claimant and the Office of State Controller, Commission staff shall issue the
				  draft proposed decision to all those on the mailing list described in section
				  1181.4 of these
				  regulations.
(d) 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.
				  Written comments may be filed and shall be certified, filed, and served in
				  accordance with section
				  1181.3 of these regulations, by the
				  date determined and noticed by the executive director. 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 for the incorrect reduction
				  claim.
(e) 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 (d)
				  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 after the comment period expires.
1.
					 Renumbering of former section
					 1185.1 to new section
					 1185.7, including amendment of
					 NOTE, filed 5-8-2007; operative 5-8-2007 pursuant to Government Code section
					 11343.4.
					 Submitted to OAL for printing only (Register 2007, No. 19).
2.
					 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).
3. Amendment of subsections (b) and (c)
					 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).
4. Amendment of subsection (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 subsections (c)-(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
						17530 and
						17551(d),
						Government Code.