reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3 - Presentation of Claims to the Controller › Section 622.1 - Claims Recorded on Electronic Tape

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject to the approval of the
				  Controller, claims recorded on electronic tape may be presented under the
				  following conditions:
(1) Each such claim
				  shall consist of the electronic tape listing each payee and the amount of
				  payment. A written reproduction of the electronic tape will be retained by the
				  agency, or the information so provided will be retained by the agency on
				  electronic tape, as a part of its records for the period required by the
				  Controller. Original claim documents supporting the electronic tape listing, or
				  reproductions thereof, shall be retained by the agency for the same period as
				  agency copies of claim schedules unless otherwise provided by law. Such
				  original claims documents, or reproductions thereof, shall be maintained in a
				  manner that will enable verification of the propriety of claims recorded on the
				  electronic tape.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3 - Presentation of Claims to the Controller › Section 623 - Additional Information Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the information required under Section
					 622 every schedule of bills filed
					 shall show:
(a) The name and address
				  of the person in whose favor the warrant is to be drawn.
(b) The items briefly and clearly stated in
				  chronological order, together with all the charges for the period covered by
				  the schedule.
(c) All entries shall
				  be carried to the dollars and cents column direct.
(d) No items shall be interlined.
1.
					 Originally published 3-22-45 (Title 2).
2. Amendment filed 10-1-49
					 as an emergency (Register 18, No. 1).
3. Repealer of subsection (e)
					 filed 11-21-57; effective thirtieth day thereafter (Register 57, No.
					 20).
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3 - Presentation of Claims to the Controller › Section 624 - Approval of Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each claim shall be approved by the department head or
					 another person properly authorized, or, in the case of boards and commissions,
					 by the secretary or by some other person, pursuant to a duly adopted resolution
					 of the board or commission. Unless otherwise provided by law, every claim shall
					 be accompanied by an affidavit or certificate under penalty of perjury of the
					 officer, agent or employee directly responsible for the
					 claim.
1. Amendment
					 filed 10-29-51 as an emergency; effective upon filing (Register 26, No.
					 3).
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3 - Presentation of Claims to the Controller › Section 625 - Correction of Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Items or the amounts of items which are incorrect or are not proper charges
				  against the State shall be corrected or eliminated by the Controller, who shall
				  indicate his reason for the change. The total amount claimed shall be adjusted
				  accordingly.
(b) The Controller
				  may, however, in his discretion, disregard net errors of $5 or under in each
				  individual claim if in doing so time and expense will be saved.
(c) If the items eliminated or amounts
				  reduced are proper charges against the State, they may be resubmitted with
				  necessary correction or explanation with the next claim submitted. Such items
				  shall be clearly identified and explained.
1.
					 Originally published 3-22-45 (Title 2).
2. Amendment filed 12-16-48
					 as an emergency; designated to be effective 12-20-48 (Register 14, No.
					 8).
3. Amendment filed 6-18-58; effective thirtieth day thereafter
					 (Register 59, No. 10).
4. Amendment of subsection (b) filed 12-17-69
					 as procedural and organizational; effective upon filing (Register 69, No.
					 51).
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3 - Presentation of Claims to the Controller › Section 626 - Rejection of Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 6-18-59; effective thirtieth day thereafter (Register 59, No.
					 10).
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3.1 - Eligibility of Alien for Programs › Subarticle 1 - General Provisions › Section 627.1 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This article
					 applies to applications submitted to the following programs:
(1) erroneously-convicted felons under Penal
					 Code sections
					 4900-
					 4901;
(2) citizens benefiting the public under
					 Government Code section
					 13972;
					 and
(3) persons who provide
					 information leading to the location of missing children under Government Code
					 section
					 13974.1.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3.1 - Eligibility of Alien for Programs › Subarticle 1 - General Provisions › Section 627.2 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 All eligibility requirements contained in this article shall be applied without
					 regard to the race, creed, color, gender, religion, or national origin of the
					 person submitting an application.
(b) Nothing in this article shall be
					 construed as withdrawing eligibility for:
(1)
					 necessary treatment of an emergency medical condition; and
(2) the testing and treatment of symptoms of
					 a communicable disease.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3.1 - Eligibility of Alien for Programs › Subarticle 1 - General Provisions › Section 627.4 - Nonprofit Charitable Organizations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A nonprofit charitable organization that provides
						federal, state, or local public benefits shall not be required to determine,
						verify or otherwise require proof of eligibility of any applicant under this
						article.
1. New
						section filed 3-24-98 as an emergency; operative 3-24-98 (Register 98, No. 13).
						A Certificate of Compliance must be transmitted to OAL by 7-22-98 or emergency
						language will be repealed by operation of law on the following
						day.
2. New section refiled 7-21-98 as an emergency; operative
						7-21-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted
						to OAL by 11-18-98 or emergency language will be repealed by operation of law
						on the following day.
3. Certificate of Compliance as to 7-21-98
						order, including amendment of section and NOTE, transmitted to OAL 11-10-98 and
						filed 12-28-98 (Register 99, No. 1).
Note: Authority cited: Sections
						  13920,
						  13974 and
						  13974.1,
						  Government Code; and Section
						  4906, Penal
						  Code. Reference: 8 U.S.C.
						  Section
						  1642(d).
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3.1 - Eligibility of Alien for Programs › Subarticle 1 - General Provisions › Section 627.5 - Report to INS

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 3-24-98 as an emergency; operative 3-24-98 (Register 98, No. 13).
						A Certificate of Compliance must be transmitted to OAL by 7-22-98 or emergency
						language will be repealed by operation of law on the following
						day.
2. New section refiled 7-21-98 as an emergency; operative
						7-21-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted
						to OAL by 11-18-98 or emergency language will be repealed by operation of law
						on the following day.
3. Certificate of Compliance as to 7-21-98
						order, including repealer of section, transmitted to OAL 11-10-98 and filed
						12-28-98 (Register 99, No. 1).
Note: Authority cited: Sections
						  13920 and
						  13974,
						  Government Code; Section
						  25381,
						  Health and Safety Code; and Section
						  4906, Penal
						  Code. Reference: 8 U.S.C.
						  Section
						  1644.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3.1 - Eligibility of Alien for Programs › Subarticle 2 - Eligibility › Section 628.1 - Eligible Aliens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Only the following aliens are eligible for any of the programs:
(1) a qualified alien;
(2) a non-immigrant alien; and
(3) an alien paroled into the United States
					 under 8 U.S.C. section
					 1182(d)(5) for less than one
					 year.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3.1 - Eligibility of Alien for Programs › Subarticle 2 - Eligibility › Section 628.2 - Proof of Citizenship or Immigration Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When filing an application for a program,
					 an applicant shall declare, under penalty of perjury, to be:
(1) a citizen or other national of the United
					 States;
(2) a qualified
					 alien;
(3) a nonimmigrant alien;
					 or
(4) an alien paroled into the
					 United States under 8 U.S.C.
					 section 1182(d)(5) for less
					 than one year.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3.1 - Eligibility of Alien for Programs › Subarticle 2 - Eligibility › Section 628.3 - Applicable Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may permit submission of the current version of
						a form identified in this article, or a form that supersedes one identified in
						this article.
1. New
						section filed 3-24-98 as an emergency; operative 3-24-98 (Register 98, No. 13).
						A Certificate of Compliance must be transmitted to OAL by 7-22-98 or emergency
						language will be repealed by operation of law on the following
						day.
2. New section refiled 7-21-98 as an emergency; operative
						7-21-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted
						to OAL by 11-18-98 or emergency language will be repealed by operation of law
						on the following day.
3. Certificate of Compliance as to 7-21-98
						order, including amendment of NOTE, transmitted to OAL 11-10-98 and filed
						12-28-98 (Register 99, No. 1).
Note: Authority cited: Sections
						  13920 and
						  13974,
						  Government Code; and Section
						  4906, Penal
						  Code. Reference: Sections
						  13972 and
						  13974.1,
						  Government Code; and Section
						  4901, Penal
						  Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3.1 - Eligibility of Alien for Programs › Subarticle 2 - Eligibility › Section 628.4 - Time to Submit Proof of Citizenship or Immigration Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board shall give an applicant who
					 declares to be a citizen, a nonimmigrant alien, a qualified alien, or an alien
					 paroled into the United States under
					 8 U.S.C. section
					 1182(d)(5) for less than one
					 year, but fails to submit the documents required by subsections
					 628.2(c),
					 30 days to submit the required
					 documents.
(b) The Board shall give
					 an applicant who submits documents required by subsection
					 628.2(c)
					 containing an alien registration or admission number, but whose immigration
					 status is not verified by the SAVE system, 30 days to submit additional
					 documents for verification.
1. New
						section filed 3-24-98 as an emergency; operative 3-24-98 (Register 98, No. 13).
						A Certificate of Compliance must be transmitted to OAL by 7-22-98 or emergency
						language will be repealed by operation of law on the following
						day.
2. New section refiled 7-21-98 as an emergency; operative
						7-21-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted
						to OAL by 11-18-98 or emergency language will be repealed by operation of law
						on the following day.
3. Certificate of Compliance as to 7-21-98
						order, including amendment of NOTE, transmitted to OAL 11-10-98 and filed
						12-28-98 (Register 99, No. 1).
Note: Authority cited: Sections
						  13920,
						  13974 and
						  13974.1,
						  Government Code; and Section
						  4906, Penal
						  Code. Reference: Sections
						  13972 and
						  13974.1,
						  Government Code; Section
						  4901, Penal
						  Code; and 8 U.S.C. Section
						  1625.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3.1 - Eligibility of Alien for Programs › Subarticle 2 - Eligibility › Section 628.5 - Verification of Immigration Status by SAVE System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant's immigration status shall
					 be verified with the INS through the SAVE system, if the Board is authorized to
					 do so.
(b) The secondary SAVE
					 verification method shall be to send a photocopy of each document submitted by
					 an applicant to show immigration status to INS for verification.
(c) The secondary SAVE verification method
					 shall be used if:
(1) the SAVE system is
					 unavailable;
(2) the SAVE system
					 instructs the user to institute secondary verification;
(3) the documents presented include
					 immigration status, but do not include an alien registration or alien admission
					 number;
(4) the SAVE record
					 verifies the alien registration or admission number on the document submitted
					 by the alien, but does not match other information contained in the submitted
					 document;
(5) the document is
					 suspected of being counterfeit or to have been altered;
(6) the document includes an alien
					 registration number in the A60 000 000 series (not yet issued) or A80 000 000
					 series (illegal border crossing);
(7) the document is a fee receipt from INS
					 for replacement of a lost, stolen or unreadable INS document;
(8) the document is one of the following:
(A) INS Form I-181b notification letter
					 issued in connection with a memorandum of creation of record of permanent
					 residence (INS Form I-181);
(B) an
					 arrival/departure record (INS Form I-94); or
(C) a foreign passport stamped, "Processed
					 for I-551, temporary evidence of lawful permanent residence" that INS issued
					 over one year before the date of the application for program
					 benefits.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3.1 - Eligibility of Alien for Programs › Subarticle 2 - Eligibility › Section 628.6 - Manual Verification of Immigration Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the documents presented do not on
					 their face appear to be genuine or to relate to the individual presenting them,
					 the government entity that originally issued the documents shall be contacted
					 for verification. With regard to naturalized citizens and derivative citizens
					 presenting certificates of citizenship and aliens, the INS is the appropriate
					 government entity to contact for verification. The Board shall request
					 verification from the INS by filing INS Form G-845 with copies of the pertinent
					 documents provided by the applicant with the local INS office. If the applicant
					 has lost his or her original documents, or presents expired documents, or is
					 unable to present any documentation evidencing his or her immigration status,
					 the applicant shall be referred to the local INS office to obtain
					 documentation.
(b) The type of
					 documentation referred to the INS for verification pursuant to INS Form G-845
					 shall include the following:
(1) a document
					 that indicates immigration status but does not include an alien registration or
					 alien admission number;
(2) a
					 document that is suspected to be counterfeit or to have been altered;
(3) a document that includes an alien
					 registration number in the A60 000 000 (not yet issued) or A80 000 000 (illegal
					 border crossing) series;
(4) a
					 document that is one of the following:
(A) an
					 INS Form I-181b notification letter issued in connection with an INS Form I-181
					 Memorandum of Creation of Record of Permanent Residence;
(B) an Arrival-Departure Record (INS Form
					 I-94); or
(C) a foreign passport
					 stamped "Processed for I-551, Temporary Evidence of Lawful Permanent Residence"
					 that INS issued more than one year before the date of application for program
					 benefits.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3.1 - Eligibility of Alien for Programs › Subarticle 2 - Eligibility › Section 628.7 - Eligibility Pending Verification of Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 3-24-98 as an emergency; operative 3-24-98 (Register 98, No. 13).
						A Certificate of Compliance must be transmitted to OAL by 7-22-98 or emergency
						language will be repealed by operation of law on the following
						day.
2. New section refiled 7-21-98 as an emergency; operative
						7-21-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted
						to OAL by 11-18-98 or emergency language will be repealed by operation of law
						on the following day.
3. Certificate of Compliance as to 7-21-98
						order, including repealer of section, transmitted to OAL 11-10-98 and filed
						12-28-98 (Register 99, No. 1).
Note: Authority cited: Sections
						  13920 and
						  13974,
						  Government Code; Section
						  25381,
						  Health and Safety Code; and Section
						  4906, Penal
						  Code. Reference: Section
						  25373,
						  Health and Safety Code; and Sections
						  4900-
						  4901, Penal
						  Code; and 8 U.S.C. Section
						  1621.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3.1 - Eligibility of Alien for Programs › Subarticle 3 - Hearings › Section 629.1 - Right to Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 applicant whose application is denied under sections
					 628.5(e) or
					 628.6(c) may
					 request a hearing.
(b) A request
					 for a hearing must be received by the Board within 45 days of the date the
					 Board mailed the notification of the denial of the application.
1. New
						subarticle 3 (sections
						629.1-629.2) and section filed
						3-24-98 as an emergency; operative 3-24-98 (Register 98, No. 13). A Certificate
						of Compliance must be transmitted to OAL by 7-22-98 or emergency language will
						be repealed by operation of law on the following day.
2. New
						subarticle 3 (sections
						629.1-629.2) and section refiled
						7-21-98 as an emergency; operative 7-21-98 (Register 98, No. 30). A Certificate
						of Compliance must be transmitted to OAL by 11-18-98 or emergency language will
						be repealed by operation of law on the following day.
3. Certificate
						of Compliance as to 7-21-98 order, including amendment of subsection (a) and
						NOTE, transmitted to OAL 11-10-98 and filed 12-28-98 (Register 99, No.
						1).
Note: Authority cited: Sections
						  13920,
						  13974 and
						  13974.1,
						  Government Code; and Section
						  4906, Penal
						  Code. Reference: Sections
						  13973 and
						  13974.1,
						  Government Code; and Section
						  4902, Penal
						  Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3.1 - Eligibility of Alien for Programs › Subarticle 3 - Hearings › Section 629.2 - Conduct of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 applicant shall have the burden of proof.
(b) The standard of proof is by a
					 preponderance of the evidence.
1. New
						section, form and Lists A and B filed 3-24-98 as an emergency; operative
						3-24-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted
						to OAL by 7-22-98 or emergency language will be repealed by operation of law on
						the following day.
2. New section, form and Lists A and B refiled
						7-21-98 as an emergency; operative 7-21-98 (Register 98, No. 30). A Certificate
						of Compliance must be transmitted to OAL by 11-18-98 or emergency language will
						be repealed by operation of law on the following day.
3. Certificate
						of Compliance as to 7-21-98 order, including amendment of NOTE, transmitted to
						OAL 11-10-98 and filed 12-28-98 (Register 99, No.
						1).
Note: Authority cited: Sections
						  13920,
						  13974 and
						  13974.1,
						  Government Code; and Section
						  4906, Penal
						  Code. Reference: Sections
						  13973 and
						  13974.1,
						  Government Code; and Section
						  4902, Penal
						  Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3.1 - Eligibility of Alien for Programs › Subarticle 3 - Hearings › Form - Form Sboc-EO-0107

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4 - Presentation of Claims to the State Board of Control › Section 630 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in this
				  article:
(1) "Board" means Victim
				  Compensation and Government Claims Board.
(2) "Claimant" means a person submitting a
				  claim against a State agency pursuant to Government Code Section
				  900 et
				  seq.
(3) "May" means that the
				  action or conduct is permissive.
(4) "Shall" means the action or conduct is
				  mandatory.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4 - Presentation of Claims to the State Board of Control › Section 631 - Presentation of Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
There shall be presented to the Board all claims for money
					 or damages against the State:
(a) For
				  which an appropriation has been made or for which a State fund is available and
				  which have been rejected by the Controller.
(b) For which the appropriation made or fund
				  designated is exhausted.
(c) For
				  which no appropriation has been made or for which no fund is available but the
				  settlement of which has been provided for by statute or constitutional
				  provision.
(d) For which settlement
				  is not otherwise provided for by statute or constitutional provision.
(e) On express contract.
(f) For the taking or damaging of private
				  property for public use within the meaning of Section
				  19 of Article I of the
				  Constitution.
(g) Based upon the
				  negligent act or omission of a state officer, servant or employee or for the
				  dangerous condition of state property.
(h) For any other injury for which the State
				  is liable.
1.
					 Renumbering of former section
					 631 to new section
					 631.5 and renumbering of former
					 section 630 to new section
					 631 filed 3-5-2014; operative
					 7-1-2014 (Register 2014, No. 10).
Note: Authority cited: Section
						13920,
						Government Code. Reference: Section
						905.2,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4 - Presentation of Claims to the State Board of Control › Section 631.5 - Contents of Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All claims or amendments thereto shall include the name and
					 post office address of the claimant, shall include the post office address
					 where the claimant wants notices to be sent, shall be signed by the claimant or
					 by a person acting on his behalf, shall be verified, and shall state the facts
					 constituting the claim in simple concise language without resort to legal
					 phraseology.
1.
					 Renumbering of former section
					 631 to new section
					 631.5, including amendment of
					 section and NOTE, filed 3-5-2014; operative 7-1-2014 (Register 2014, No.
					 10).
Note: Authority cited: Section
						13920,
						Government Code. Reference: Sections
						910,
						910.2 and
						910.4,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4 - Presentation of Claims to the State Board of Control › Section 632 - Form of Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All claims or amendments filed with the Board based upon
					 subsections (a) through (h) of Section
					 631 shall only be submitted on the
					 form incorporated by reference with the title "Government Claim Form" and a
					 revision date of January 2014.
1. Amendment
					 of section, including repealer of form, and new NOTE filed 3-5-2014; operative
					 7-1-2014 (Register 2014, No. 10).
Note: Authority cited: Section
						13920,
						Government Code. Reference: Sections
						910,
						910.2,
						910.4 and
						935.6,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4 - Presentation of Claims to the State Board of Control › Section 632.5 - Form of Request for Fee Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All requests for fee waivers pursuant to Government Code
					 Section
					 905.2(c)
					 shall be on the following form:
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1. Repealer
					 and new section heading, section and form and new NOTE filed 3-5-2014;
					 operative 7-1-2014 (Register 2014, No. 10).
Note: Authority cited: Section
						13920,
						Government Code. Reference: Section
						905.2,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4 - Presentation of Claims to the State Board of Control › Section 632.6 - Notice of Insufficiency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may give written notice of the insufficiency of a
					 claim within the time and in the manner prescribed by Government Code Section
					 910.8. The
					 written notice of insufficiency shall state with particularity the defects or
					 omissions therein and shall be given in the manner prescribed by Government
					 Code Section
					 915.4.
1. Repealer
					 and new section and new NOTE filed 3-5-2014; operative 7-1-2014 (Register 2014,
					 No. 10).
Note: Authority cited: Section
						13920,
						Government Code. Reference: Sections
						910,
						910.2,
						910.4 and
						915.4,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4 - Presentation of Claims to the State Board of Control › Section 632.7 - Time for Presenting Claim

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A claim relating to a cause of action for death or for
					 injury to person or to personal property or growing crops shall be presented to
					 the Board not later than six months after the accrual of the cause of action. A
					 claim relating to any other cause of action shall be presented to the Board not
					 later than one year after the accrual of the cause of action.
(a) For the purpose of calculating the time
				  for presenting a claim to the Board pursuant to this section, "any other cause
				  of action" shall be defined as claims related to an alleged breach of a
				  contract with the State of California, claims for damage to real property, or
				  claims for purely economic damages.
(1) For
				  the purpose of calculating the time for presenting a claim for an alleged
				  breach of a contract with the State of California pursuant to this section, the
				  date of the accrual of the cause of action is the date of each individual
				  alleged breach occurred, or the date each individual alleged breach was, or
				  reasonably should have been, discovered.
(2) The Board shall not consider claims
				  alleging breach of contract filed more than one year from the date of accrual
				  of each individual breach.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4 - Presentation of Claims to the State Board of Control › Section 632.8 - Application to Present Late Claim

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When due to mistake, inadvertence,
				  surprise or excusable neglect, a claim required under Section
				  632.7 to be filed within six months
				  after the accrual of a cause of action is not filed within six months, the
				  claimant may present a written application to the Board for leave to present
				  such claim. Such application must be presented within a reasonable time not to
				  exceed one year after the accrual of the cause of action and shall state fully
				  the reason for the delay in presenting the claim. The proposed claim shall be
				  attached to the application and shall in form comply with these
				  rules.
(b) Such application shall
				  be granted or denied by the Board within 45 days after its presentation to the
				  Board.
(c) Automatic Denial. If the
				  application is not acted on by the Board within the time prescribed in this
				  section, the application will be deemed denied by the Board on the last day of
				  the period within which the Board is required to act on the
				  application.
(d) Extension of Time.
				  By written agreement, the applicant and the Board may extend the period within
				  which the Board is required to act on the application.
(e) When an application for leave to file a
				  late claim is presented to the Board pursuant to Government Code Section
				  911.4, the
				  Board may furnish the Attorney General or other attorney authorized to
				  represent the State with a copy of such application and the Attorney General or
				  other attorney authorized to represent the State may present evidence in
				  opposition to the application.
(f)
				  In reviewing the application, the Board shall consider whether the State has
				  been prejudiced by the failure to present the claim within the time required by
				  these rules. If the application is granted, the claim shall be deemed to have
				  been presented to the Board the day that leave to present the claim was
				  granted.
1. New NOTE
					 filed 2-25-77; effective thirtieth day thereafter (Register 77, No.
					 9).
2. Amendment filed 3-12-79 as an emergency; effective upon
					 filing (Register 79, No. 11).
3. Certificate of Compliance filed
					 5-25-79 (Register 79, No. 21).
4. Amendment filed 5-30-80;
					 designated effective 7-1-80 (Register 80, No. 22).
5. Amendment of
					 section heading and section and repealer and new NOTE filed 3-5-2014; operative
					 7-1-2014 (Register 2014, No. 10).
Note: Authority cited: Section
						13920,
						Government Code. Reference: Sections
						911.2,
						911.3,
						911.4,
						911.6,
						911.8,
						912.2,
						912.4,
						915 and
						915.2,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4 - Presentation of Claims to the State Board of Control › Section 632.9 - Notice and Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
				  least 10 days prior to the date set for final action by the Board, written
				  notice of the time and place of hearing by the Board of the claim, amendment or
				  application to file a late claim, unless waived by claimant, shall be mailed by
				  the Board to the address, if any, stated in the claim as the address to which
				  the person presenting the claim desires notice to be sent. If no such address
				  is stated in the claim, the notice may be mailed to the address, if any, of the
				  claimant as stated in the claim. No notice will be given when the claim fails
				  to state either an address to which the person presenting the claim desires
				  notices to be sent or an address of the claimant.
(b) At the hearing, and in the discretion of
				  the Board, oral testimony and written instruments may be introduced without
				  regard to the legal rules of evidence.
(c) In reaching their decision, and when
				  reporting to the Legislature concerning the claim, the members of the Board may
				  state and use any official or personal knowledge they may have touching the
				  claim.
(d) If the Board approves or
				  recommends a claim, and no sufficient appropriation for payment thereof is
				  available, the Board, with the approval of the Governor, shall report to the
				  Legislature such facts and recommendations concerning the claim as it deems
				  proper.
(e) Upon the allowance by
				  the Board of all or part of a claim for which a sufficient appropriation
				  exists, and the execution and presentation of such documents as the Board may
				  require which discharge the State, its officers, agents, servants and
				  employees, of all liability under the claim, the Board shall designate the fund
				  from which the claim is to be paid and the State agency concerned shall pay the
				  claim from such fund.
1. New NOTE
					 filed 2-25-77; effective thirtieth day thereafter (Register 77, No.
					 9).
2. Amendment of subsection (a) and repealer and new NOTE filed
					 3-5-2014; operative 7-1-2014 (Register 2014, No.
					 10).
Note: Authority cited: Section
						13920,
						Government Code. Reference: Sections
						905.5,
						911.8,
						912.8,
						913,
						920,
						920.2,
						925.4 and
						925.8,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4 - Presentation of Claims to the State Board of Control › Section 632.10 - Board Action on Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Board shall act on a claim presented in accordance with the rules within 45
				  days after the claim has been presented or, if the claim is amended, within 45
				  days after the amended claim is presented.
(b) Automatic Rejection. If the claim is not
				  acted on by the Board within the time prescribed in this Section, the claim
				  will be deemed rejected by the Board on the last day of the period within which
				  the Board is required to act on the claim.
(c) Extension of Time. By written agreement,
				  the claimant and the Board may extend the period within which the Board is
				  required to act on the claim.
(d)
				  The Board may reject any claim which, due to its complexity, the Board
				  determines is beyond its ability to investigate. Notice of the Board's action
				  shall be given in accordance with Government Code Section
				  915.4.
(e) All claims submitted by inmates of a
				  State adult correctional facility, juvenile correctional facility, or county
				  jail which are compliant with Government Code Section
				  911.2 may
				  be presumed to be complex and may be rejected by the Board.
(f) The Board may, within the time prescribed
				  by Section 945.6 for commencing an action on a
				  claim, reconsider for purposes of settlement an allowed or partially allowed
				  claim if the claimant rejects the amount allowed by the Board.
1. New NOTE
					 filed 2-25-77; effective thirtieth day thereafter (Register 77, No.
					 9)
2. Amendment of section and repealer and new NOTE filed 3-5-2014;
					 operative 7-1-2014 (Register 2014, No. 10).
Note: Authority cited: Section
						13920,
						Government Code. Reference: Sections
						910.6,
						911.6,
						915.4 and
						913.2,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4 - Presentation of Claims to the State Board of Control › Section 632.11 - Litigation Against the Victim Compensation and Government Claims Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall not be named as a defendant in court
					 actions filed by claimants whose claim has been rejected unless the Board was
					 listed as the agency against which the original claim was
					 filed.
1. Repealer
					 and new section filed 8-19-64 as an emergency; designated effective 9-10-64
					 (Register 64, No. 18).
2. Certificate of Compliance filed 10-7-64
					 (Register 64, No. 20).
3. Amendment filed 2-25-77; effective
					 thirtieth day thereafter (Register 77, No. 9).
4. Repealer and new
					 section heading and section and new NOTE filed 3-5-2014; operative 7-1-2014
					 (Register 2014, No. 10).
Note: Authority cited: Section
						13920,
						Government Code. Reference: Sections
						905.2,
						910 and
						913.2,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4.1 - Payroll Claims › Section 633 - Submission to State Personnel Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All payroll claims shall be forwarded to the State
					 Personnel Board at Sacramento.
1.
					 Renumbering of former article 6 to article 4.1 (sections
					 633-633.9) and renumbering of
					 former section
					 650 to section
					 633 filed 12-17-99; operative
					 12-17-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 51). For prior history, see Register 87, No.
					 44.
Note: Authority cited: Section
						19761,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4.1 - Payroll Claims › Section 633.1 - Computing Salaries. Forwarding of Pay Roll Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The State Controller shall not draw a warrant for payment
					 of any claim for salaries and wages, other than statutory salaries, unless the
					 State Personnel Board shall have certified that:
(a) All persons whose names appear upon such
				  pay roll claims are holding positions as provided by the State Civil Service
				  Act and the rules and regulations prescribed thereunder, and
(b) All items and amounts claimed thereon are
				  in accordance with the current budgetary provisions as approved by the
				  Department of Finance.
1.
					 Renumbering of former section
					 651 to section
					 633.1 filed 12-17-99; operative
					 12-17-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 51). For prior history, see Register 87, No.
					 44.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4.1 - Payroll Claims › Section 633.2 - Monthly Salaries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An employee whose salary is established on a monthly basis
					 shall receive his monthly salary for any 21-day period in which he works 21
					 days or 168 hours, or for any 22-day pay period in which he works 22 days or
					 176 hours. For the purpose of computing the number of days or hours worked,
					 time during which an employee is excused from working because of holidays, sick
					 leave, vacation, compensating time off or other leave with pay shall be
					 considered as time worked by the employee.
If an employee is required to work more than the normal
					 amount of time in any pay period because his work schedule is other than five
					 days a week, Monday through Friday, the extra time worked shall be credited the
					 same as overtime. If such schedule requires him to work less than the normal
					 amount of time, compensating time off shall be charged toward making up the
					 deficiency.
An employee who is entitled to less than his full monthly
					 salary for any pay period shall receive only that part of his monthly salary as
					 the number of days he worked during the pay period bears to the total number of
					 work days in the pay period.
1.
					 Renumbering of former section
					 652 to section
					 633.2 filed 12-17-99; operative
					 12-17-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 51). For prior history, see Register 87, No.
					 44.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4.1 - Payroll Claims › Section 633.3 - Preparation of Pay Roll Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The pay roll presented for audit shall show:
(a) Where employees are paid on a monthly
				  basis, the name, position occupied, period for which payment is made and the
				  rate of pay. For example: John Smith, Carpenter, November 1-20, inclusive, at
				  $150--$100.
(b) Where employees are
				  paid on a per diem basis, the name, position occupied, number of days employed,
				  dates and rate per day.
(c) Where
				  employees are paid on an hourly basis, the name, position occupied, number of
				  hours employed each day, dates, total number of hours employed and rate per
				  hour.
(d) Where employees of the
				  state colleges are engaged as supervising teachers, demonstration school
				  teachers, or in extension class or summer session instruction, the name,
				  position occupied, number of units taught, and rate per unit shall be
				  shown.
(e) Where the State
				  Personnel Board, in fixing compensation in accordance with prevailing rates of
				  wages in the locality under Government Code Section
				  18853, has
				  authorized subsistence, travel, or other allowance in addition to daily or
				  hourly rate of pay, the type, rate and duration of allowance, locations and
				  travel involved, and any other information necessary to establish entitlement
				  and conformity with the authorization of the Personnel Board.
1.
					 Renumbering of former section
					 653 to section
					 633.3 filed 12-17-99; operative
					 12-17-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 51). For prior history, see Register 87, No.
					 44.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4.1 - Payroll Claims › Section 633.5 - Salary Includes All Services. Acceptance of Fees by State Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The salaries fixed by law for all state officers, elective
					 or appointive, shall be compensation in full for all services rendered in any
					 official capacity or employment whatsoever, during their terms of office, and
					 no such officer shall receive for his own use any fee or perquisite for the
					 performance of any official duty.
1.
					 Renumbering of former section
					 655 to section
					 633.5 filed 12-17-99; operative
					 12-17-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 51). For prior history, see Register 87, No.
					 44.
Note: Authority cited: Section
						18000,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 4.1 - Payroll Claims › Section 633.6 - Claims for Allowances Under Retirement System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to the information required
				  under Section
				  622, every claim for allowances
				  under a retirement system shall show:
(1) The
				  amount of the similar roll for the preceding period.
(2) All additions to and deletions from the
				  roll for said preceding period, including adjustments, changes, and authorized
				  deductions, together with the name of the respective payee affected by each
				  thereof.
(3) The total amount of
				  the roll, as thus adjusted.
(4) All
				  entries shall be carried directly to the column showing the amount to be
				  disbursed.