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California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 1 - General › Section 1181.4 - Mailing Lists and Numbering of Matters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For all matters deemed complete,
				  Commission staff shall prepare a mailing list of the names, addresses, phone
				  numbers and e-mail addresses of the parties, interested parties, and interested
				  persons who have requested inclusion on the mailing list. The mailing list will
				  be uploaded to the Commission's website and an e-mail notification of its
				  availability will be sent to everyone on the list who has provided an e-mail
				  address. A hard copy will be provided by Commission staff to persons on the
				  mailing list who have not provided an e-mail address and to any person who
				  requests a hard copy.
(b) By
				  providing an e-mail address for the mailing list for a matter, a person
				  consents to e-mail service of documents for that matter.
(c) For the following new filings received by
				  the Commission, the executive director shall issue sequential matter numbers,
				  by fiscal year, as follows:
(1) Test Claim
				  (TC)
(2) Incorrect Reduction Claim
				  (I)
(3) Request to Amend Parameters
				  and Guidelines (PGA)
(4) Joint
				  Request for Reasonable Reimbursement Methodology and Statewide Estimate of
				  Costs (RRM)
(5) Request for Review
				  of Claiming Instructions (RCI)
(6)
				  Request for Removal, Inclusion, or Review of the Apportionment or Base Year
				  Entitlement of a Program in State Mandates Apportionment System
				  (SMAS)
(7) Legislatively Determined
				  Mandate (LDM)
(8) Request for
				  Mandate Redetermination (MR)
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 1 - General › Section 1181.5 - Appointment of Designees and Election and Duties of Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a Commission member, as defined by
				  Government Code section
				  17525,
				  with statutory authority to designate a deputy to represent him or her makes a
				  designation, that designee may continue to serve on the Commission until the
				  designation is revoked by the current Commission member.
(b) Commission members as defined by
				  Government Code section
				  17525
				  shall be officers. Duties of Officers:
(1)
				  Duties of Chairperson. The chairperson shall preside over all meetings of the
				  Commission when present. The chairperson has all the rights and
				  responsibilities of the other members, including the right to introduce motions
				  or proposals and to speak and vote on them while presiding. The chairperson has
				  the power to appoint one or more members of the Commission as a subcommittee to
				  investigate and report to the Commission on any matter within the scope of the
				  purposes of the Commission or to form advisory groups to assist the Commission
				  or its subcommittees in fulfilling their purposes.
(2) Duties of Vice Chairperson. The vice
				  chairperson shall preside over all meetings of the Commission at which the
				  chairperson is not present. The vice chairperson has all the rights and
				  responsibilities of the other members, including the right to introduce motions
				  or proposals and to speak and vote on them while presiding.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 1 - General › Section 1181.6 - Development and Approval of Commission Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In consultation with interested parties
				  and in accordance with applicable law and these regulations, the executive
				  director shall develop the test claim form, incorrect reduction claim form,
				  mandate redetermination form, and other forms, to simplify and improve the
				  efficiency of the Commission's processes.
(b) The executive director shall conduct at
				  least one workshop with interested parties, Department of Finance, Office of
				  the State Controller, other affected state agencies, and interested persons
				  before approval of a form.
(c) Upon
				  development of a new form, the executive director shall notify claimants,
				  interested parties, affected state agencies, and interested persons, and shall
				  disseminate copies at least 10 days before the operative date of a
				  form.
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. Repealer of subsection (d) and 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
						17530,
						17553,
						17558.7(c),
						17558.7(e)
						and
						17570(d)(1),
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 1 - General › Section 1181.7 - Waiver of Requirement to Use Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive director may waive a requirement to use any
					 form specified by 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. Reference: Sections
						17530,
						17553,
						17558.7(c),
						17558.7(e)
						and
						17570(d)(1),
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 1 - General › Section 1181.8 - Commission Meeting Quorum and Voting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A majority of the existing membership of
				  the Commission shall constitute a quorum.
(b) All actions of the Commission, with the
				  exception of requests to reconsider a prior final decision as provided in
				  section 1187.15, shall require the
				  affirmative vote of at least a majority of the existing membership of the
				  Commission.
(c) In the case of a
				  tie vote, the Commission may:
(1) Re-hear the
				  item when the membership of the Commission changes or when an abstaining member
				  completes review of the administrative record; or
(2) For a "matter" as defined by 1187.1:
(A) Assign the matter to a hearing panel or
				  to a hearing officer, pursuant to section
				  1187.2 et seq., for hearing and
				  preparation of a proposed decision for consideration by the Commission. If the
				  Commission assigns the matter to a hearing panel, the selection of the hearing
				  panel shall be by lot, or other means of random and impartial selection. A
				  majority of the votes cast by the members assigned to a hearing panel is
				  required for the approval of a preliminary decision on matters and applications
				  for a finding of significant financial distress; or
(B) Direct staff to prepare another proposed
				  decision, based on an interpretation of the law and evidence in the record, for
				  consideration by the Commission.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 1 - General › Section 1181.9 - Commission Meeting Notice, Agenda, and Consent Calendar

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Time and distribution. Notices and
				  agendas of meetings shall be given to all members, to all parties and
				  interested parties to proceedings on the agenda, and to all persons who request
				  them in writing. The notice and agenda shall be issued no less than 10 days
				  prior to the scheduled meeting.
(b)
				  Agenda. The meeting agenda shall be prepared by the executive director and
				  shall include any item proposed by any member, or the executive
				  director.
(c) The agenda may
				  include an item designated "the consent calendar."
(1) The consent calendar shall include those
				  matters for which there is no known opposition by any of the parties or
				  interested parties.
(2) At the
				  request of any member, party or interested party, any matter shall be removed
				  from the consent calendar and may be considered at the same meeting as a
				  separate item of business.
(3) The
				  chairperson may also remove any matter from a duly noticed meeting agenda and
				  place it on the consent calendar, provided there is no objection from the
				  parties, interested parties, any Commission member, or person present and
				  wishing to comment on the matter.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 1 - General › Section 1181.10 - Commission Meeting Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Presiding Member. The chairperson shall
				  preside over all meetings of the Commission when present. In the chairperson's
				  absence, the vice chairperson shall preside. If neither the chairperson nor the
				  vice chairperson is in attendance, the member present who has the greatest
				  seniority on the Commission shall preside. The presiding member may yield the
				  chair.
(b) Public Comments.
(1) Comments in Writing. Any person may
				  submit comments in writing on any agenda item by certifying, filing, and
				  serving them in accordance with 1181.3 of these regulations. To be included as
				  a part of the administrative record for the matter, comments must be provided
				  to the Commission members and be made available for public review either before
				  or at the Commission hearing on the matter.
(A) Comments received at least 15 days in
				  advance of the meeting shall be included in the Commission's meeting binders, a
				  copy of which is available for public viewing at the Commission
				  meeting.
(B) Comments received more
				  than five days in advance of the meeting shall be included in the Commission's
				  meeting binders, if feasible, or shall be provided to the Commission when the
				  item is called, unless otherwise agreed to by the Commission or the executive
				  director.
(C) For written comments
				  received less than five days in advance of the meeting, the commenter shall
				  provide 12 copies to Commission staff at the in-person meeting. In the case of
				  participation via teleconference, a PDF copy shall be filed via the
				  Commission's dropbox at least 24 hours prior to the meeting. Commission staff
				  shall provide copies of the comments to the Commission and shall place a copy
				  on a table for public review when the item is called or, in the case of
				  participation via teleconference, shall provide an electronic copy to the
				  Commission and post a copy on the Commission's website, and may share the
				  document with the Commission and the public using the "share screen"
				  function.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 1 - General › Section 1181.11 - Permanent Record of Commission Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Commission shall keep minutes of its
				  meetings. Minutes shall be approved by the Commission and, upon approval, shall
				  be signed by the chairperson or other person designated by the chairperson.
				  Signed minutes shall be the original evidence of actions taken at any meeting,
				  including the text of any resolutions adopted.
(b) Commission public meetings shall be
				  recorded by stenographic reporter or electronic recording or both. The
				  transcript or recordings shall be kept for the period of time required by
				  applicable law governing the retention of records of state agency public
				  proceedings, or until conclusion of administrative or judicial proceedings,
				  whichever is later.
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: Section
						17530,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 1 - General › Section 1181.12 - Default Rules of Commission Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In all cases not provided for by Government Code Section
					 17500 et
					 seq., the Bagley-Keene Open Meeting Act (Government Code Section
					 11120 et
					 seq.) and the Commission's rules and regulations, the authority shall be
					 Robert's Rules of Order (revised), unless otherwise designated by the
					 Commission at the annual election meeting.
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
						17500,
						17527(g)
						and
						17553(a),
						Government Code. Reference: Sections
						11120 et
						seq. and
						17526,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 1 - General › Section 1181.13 - Commission Meeting by Teleconference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission may hold an open or closed meeting by
					 teleconference if it is difficult or impossible for the Commission to achieve a
					 quorum. A meeting held by teleconference shall comply with the Bagley-Keene
					 Open Meeting Act, including the requirements to provide notice of the
					 teleconference locations and make them open to the public.
The Commission may also hold an open or closed meeting by
					 teleconference under alternative provisions of the Act, with some members
					 participating remotely from remote locations (which are not disclosable or open
					 to the public) while a quorum of its members are physically present at the same
					 teleconference location.
Note: Authority cited: Sections 17527(g) and 17553(a),
						Government Code. Reference: Sections 11123, 11123.2, 17526, 17527(b) and
						17527(c), Government Code.
Note: Authority cited: Sections
						17527(g)
						and
						17553(a),
						Government Code. Reference: Sections
						11123,
						17526,
						17527(b)
						and
						17527(c),
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 2 - Applications for a Finding of Significant Financial Distress › Section 1182 - Quorum and Voting Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 4-29-87; operative 5-29-87 (Register 87, No. 18).
2. Amendment
					 of section heading, repealer and new section filed, and amendment of NOTE filed
					 2-18-97; operative 2-18-97 pursuant to Government Code section
					 11343.4(d).
					 Submitted to OAL for printing only pursuant to Government Code section
					 17527(g)
					 (Register 97, No. 8).
3. Amendment of subsection (b) and new
					 subsections (c)-(d) filed 1-27-2000; operative 1-27-2000. Submitted to OAL for
					 printing only (Register 2000, No. 4).
4. Repealer of article 2
					 (sections 1182-1182.5) 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: Section
						17527(g),
						Government Code. Reference: Sections
						17525,
						17527(c)
						and
						17532,
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 2 - Applications for a Finding of Significant Financial Distress › Section 1182.1 - Reduction in Aid Levels; Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the county has made a compelling case that basic
					 county services cannot be maintained without a reduction in the level of aid
					 established by Welfare and Institutions Code section
					 17000.5,
					 the Commission shall make a finding of significant financial distress. In
					 making such a finding, the following definitions shall apply:
(a) "Application" means a county application
				  filed pursuant to this article requesting the Commission determine that the
				  county has made a compelling case that basic county services cannot be
				  maintained without a reduction in the level of General Assistance aid
				  established by Welfare and Institutions Code section
				  17000.5,
				  and finding that as a result, the county is in significant financial distress,
				  as defined in Welfare and Institutions Code section
				  17000.6.
(b) "Applicant" means the county that filed
				  the request for a finding of significant financial distress.
(c) A "compelling case" sufficient to cause a
				  finding of significant financial distress must be established by clear and
				  convincing evidence.
(d) "Basic
				  county services" means those services which are fundamental or essential. The
				  services shall include, but are not limited to, those services required by
				  state or federal law, and may vary from county to county.
(e) "Maintained" means the level of service
				  which the county must provide in order to adequately or effectively furnish
				  basic county services.
1. Repealer
					 of former section
					 1182.1 and renumbering and
					 amendment of former section
					 1182.2 to new section
					 1182.1 filed 7-23-96; operative
					 7-23-96. Submitted to OAL for printing only (Register 96, No.
					 30).
2. New article 2 (sections
					 1182.1-1182.16) and 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 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: Section
						17527(g),
						Government Code; and Section
						17000.6(b),
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 2 - Applications for a Finding of Significant Financial Distress › Section 1182.2 - Filing of an Application for a Finding of Significant Financial Distress

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to
				  Welfare and Institutions Code section
				  17000.6,
				  in order for the board of supervisors of any county to obtain a finding of
				  significant financial distress, the board of supervisors must submit a written
				  application to the Commission on State Mandates.
(b) The applicant shall certify, file, and
				  serve an original application, including supporting documents, in accordance
				  with section
				  1181.3 of these
				  regulations.
(c) All applications
				  shall contain at least the following:
(1) A
				  table of contents, indicating page numbers.
(2) A copy of a resolution from the county
				  board of supervisors stating that compliance with the standards set forth in
				  Welfare and Institutions Code section
				  17000.5
				  will result in significant financial distress to the county for a specified
				  period of time, up to 36 months.
(3) A written narrative, including a summary,
				  detailing the relevant financial or other budgetary information and documents
				  necessary for a county to make a compelling case that basic county services,
				  including public safety, cannot be maintained without a reduction in the
				  standard of aid as provided in Welfare and Institutions Code section
				  17000.5.
				  The narrative shall also include:
(A) The
				  monthly caseload of General Assistance recipients for each of the 12 months
				  preceding the date the application is filed.
(B) The current monthly rate of the General
				  Assistance Standard of Aid.
(C) The
				  proposed reduced rate of the General Assistance Standard of Aid.
(D) An overview of county finances,
				  including, but not limited to county revenue sources; budget reserve data;
				  budget expenditures; mandated expenditures and maintenance of effort
				  costs.
(E) A detailed summary of
				  program needs and expenditure flexibility, including, but not limited to
				  department-by-department data on unmet program needs for basic county
				  services.
(F) The county's total
				  population at the time the application is filed, and the total county
				  population for the two fiscal years prior to the year in which the application
				  was filed.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 2 - Applications for a Finding of Significant Financial Distress › Section 1182.3 - Extension of Period for Preliminary and Final Decision and Current Period of Financial Distress

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  an application is filed while another county's application is pending, the
				  executive director may extend both the preliminary decision period up to 120
				  days and the final decision period up to 150 days from the filing date of the
				  application, unless otherwise provided in the current Budget Act. If the
				  preliminary and final decision periods are extended, any current period of
				  significant financial distress of the applicant that has been set, pursuant to
				  Welfare and Institutions Code Section
				  17000.6(b),
				  shall also be extended for the same period.
(b) Within 10 days of receipt of a county's
				  application, the executive director shall provide written notice to the
				  applicant of extensions of the preliminary decision and final decision periods
				  and of any current period of significant financial distress of the
				  applicant.
1.
					 Renumbering of former section
					 1182.3 to new section
					 1182.2 and renumbering of former
					 section 1182.4 to new section
					 1182.3 and amendment of NOTE filed
					 7-23-96; operative 7-23-96. Submitted to OAL for printing only (Register 96,
					 No. 30).
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 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: Stats. 1998, c. 324, Item
						8885-001-0001, Prov. (2), p. 622 (and subsequent Budget Acts); Section
						17527(g),
						Government Code; and Section
						17000.6(b),
						Welfare and Institutions Code. Reference: Section
						17000.6(c),
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 2 - Applications for a Finding of Significant Financial Distress › Section 1182.4 - Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of
				  a complete application for a finding of significant financial distress, the
				  Commission shall provide to the applicant a written 30-day notice of the
				  hearing, to be held in the county.
(b) The notice shall be publicly posted by
				  the applicant at the county court house and one county welfare office where
				  General Assistance recipients are generally present. The Commission shall
				  publish two notices in a newspaper of general circulation in the county. The
				  first notice shall be published at least 30 days prior to the hearing date. The
				  second notice shall be published at least 10 days prior to the hearing date.
				  The cost of publishing the notices shall be paid for by the Commission. Notice
				  shall also be posted on the Commission's website.
1. New
					 section filed 11-13-98; operative 11-13-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 46). For prior history, see Register 96, No.
					 30.
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 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: Section
						17527(g),
						Government Code; and Section
						17000.6(b),
						Welfare and Institutions Code. Reference: Section
						11125,
						Government Code; and Section
						17000.6(c),
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 2 - Applications for a Finding of Significant Financial Distress › Section 1182.5 - Pre-Hearing Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A pre-hearing conference may be scheduled by the executive
					 director for the purpose of identifying issues and determining methods of
					 resolving the issues. The county and other parties known to have an interest in
					 the county's application shall be invited to participate. This conference shall
					 not limit the issues that can be presented to or considered by the Commission
					 at public hearing.
1. Repealer
					 and new section heading, section and NOTE filed 7-23-96; operative 7-23-96.
					 Submitted to OAL for printing only (Register 96, No. 30).
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 section and 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: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code; and Section
						17530,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 2 - Applications for a Finding of Significant Financial Distress › Section 1182.6 - Assignment to Hearing Panels/Hearing Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The chairperson may assign an application to a hearing
					 panel consisting of one or more members of the Commission, which shall act on
					 behalf of the Commission, or to a hearing officer for hearing and preparation
					 of a preliminary decision. Assignments by the chairperson of members on the
					 hearing panels shall be rotated among the members with the composition of the
					 members so assigned being varied and changed to assure that there shall never
					 be a fixed and continued composition of members.
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: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code; and Sections
						17528 and
						17532,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 2 - Applications for a Finding of Significant Financial Distress › Section 1182.7 - Request for Supplemental Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The executive director may request
				  supplemental information from the applicant to assist the Commission in its
				  review and analysis of the application. The applicant shall provide the
				  supplemental information under the timeline established by the executive
				  director.
(b) The supplemental
				  information and any attached financial or other budgetary documents 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, submitted in accordance with section
				  1187.5 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 of subsection (b) 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: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code; and Section
						17530,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 2 - Applications for a Finding of Significant Financial Distress › Section 1182.8 - Review of Completed Application for a Finding of Significant Financial Distress and Preparation of Staff Analysis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before the hearing is conducted in the
				  applicant county, the executive director shall prepare and distribute a staff
				  analysis of the application, which shall include, but not be limited to, a
				  review of written comments filed by interested persons, and rebuttals filed by
				  the applicant. The staff analysis may also include a review of the applicant's
				  revenue sources, including the applicant's flexibility in directing its
				  resources; review of the applicant's budget expenditures, statutory relief,
				  contingencies, and fund balances; an analysis of the applicant's
				  department-by-department evaluation of unmet need in basic county services; and
				  a preliminary recommendation whether the Commission should approve or deny the
				  application. The staff analysis shall describe the application and assist the
				  Commission in determining whether or not to make a finding of significant
				  financial distress.
(b) The
				  executive director shall send the staff analysis out for comment at least 10
				  days prior to the hearing conducted in the applicant county.
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: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17530,
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 2 - Applications for a Finding of Significant Financial Distress › Section 1182.9 - Written Comments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The applicant and any interested persons may file written
					 comments concerning the staff analysis with the Commission. 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, submitted in accordance with section
					 1187.5 of these regulations. The
					 written comments shall be reviewed by Commission staff and may be incorporated
					 into any revised or supplemental staff analysis of the
					 application.
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 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).
3. Editorial correction of HISTORY 2
					 (Register 2018, No. 18).
Note: Authority cited: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 2 - Applications for a Finding of Significant Financial Distress › Section 1182.10 - Conduct of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each party shall have the right to present witnesses, to introduce exhibits,
				  and to propose questions to the chairperson, hearing panel, or hearing officer
				  for opposing witnesses in support or rebuttal of any matter relevant to the
				  issues even though that matter was not covered in the direct
				  examination.
(b) The Commission,
				  hearing panel, or hearing officer may question any party or witness, may admit
				  any relevant and material evidence, and may limit the length of testimony to a
				  specific amount of time for any party or witness.
(c) The taking of evidence and testimony in a
				  hearing shall be controlled by the Commission, hearing panel, or hearing
				  officer in the manner best suited to ascertain the facts.
(d) Oral or written representations of fact
				  offered by any person shall be supported by documentary or testimonial
				  evidence, submitted in accordance with section
				  1187.5 of these
				  regulations.
(e) Public hearings,
				  pursuant to this article, shall be recorded by stenographic reporter or
				  electronic recording or both. The transcript or recordings shall be kept for
				  the period of time required by applicable law governing the retention of
				  records of state agency public proceedings, or until conclusion of
				  administrative or judicial proceedings, whichever is later.
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. Repealer of subsection (b), subsection
					 relettering and amendment of newly designated 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).
4. Editorial correction of HISTORY 3
					 (Register 2018, No. 18).
Note: Authority cited: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						11125.7,
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 2 - Applications for a Finding of Significant Financial Distress › Section 1182.11 - Representation at Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The board of supervisors of a county shall designate a county
				  representative.
(b) The county
				  representative shall be the lead spokesperson and shall present all matters
				  respecting the interest of the county in the proceeding.
(c) Withdrawal of appearance of any
				  representative may be effected by filing a written notice of withdrawal and by
				  serving a copy on the Commission.
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).
Note: Authority cited: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 2 - Applications for a Finding of Significant Financial Distress › Section 1182.12 - Continuance of Hearings and Further Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Commission, hearing panel, or hearing
				  officer may continue a hearing to another time or place.
(b) Due to the strict time frames contained
				  in Welfare and Institutions Code section
				  17000.6(c),
				  continuances will be granted only under compelling and urgent
				  circumstances.
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: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						11129,
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 2 - Applications for a Finding of Significant Financial Distress › Section 1182.14 - Form of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The final decision shall be based on the record, shall be
					 in writing, and shall include a statement of reasons for the decision,
					 findings, and conclusions. A copy of the final decision shall be mailed to or
					 served on the applicant county.
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).
Note: Authority cited: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 2 - Applications for a Finding of Significant Financial Distress › Section 1182.15 - Reapplications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A county may
				  file a reapplication for a finding of significant financial distress with the
				  Commission.
(b) The application
				  requirements and procedures relating to applications prescribed in article 2 of
				  these regulations shall also apply to reapplications. The applicant shall also
				  provide the following information in its reapplication:
(1) How the applicant utilized the savings in
				  reduction of the General Assistance Standard of Aid realized from the preceding
				  finding of significant financial distress.
(2) The difference in the county's total
				  population between the date the preceding application was filed and the date
				  the reapplication is filed.
(3) Any
				  staff changes or changes to working conditions, including but not limited to
				  reduced work hours or salary increases or decreases that occurred since the
				  date the preceding application was filed.
(4) Any statutes enacted since the date the
				  preceding application was filed that change county revenue sources or
				  expenditures, or impose new mandates upon the county.
(5) Tables that include the difference
				  between proposed and approved unmet need in the preceding application, and the
				  proposed unmet need in the reapplication. Tables may also be submitted by a
				  predetermined computer medium.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 2 - Applications for a Finding of Significant Financial Distress › Section 1182.16 - Withdrawal of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An application may be withdrawn by written notice any time
					 before a final decision is issued or upon request at the time of hearing. When
					 the Commission receives a notice or request to withdraw, the Commission may
					 issue a decision dismissing the application.
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).
Note: Authority cited: Section
						17527(g),
						Government Code; and Section
						17000.6,
						Welfare and Institutions Code. Reference: Section
						17000.6,
						Welfare and Institutions Code.