California Code of Regulations › Title 19 - Public Safety › Division 2 - California Governor's Office of Emergency Services › Chapter 1 - Standardized Emergency Management System (SEMS) › Article 7 - Compliance › Section 2443 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Local government must use SEMS in order to be eligible for state funding of
				  response-related personnel costs occurring in response to an incident as
				  defined in §
										2402(i). All
				  state agencies shall use SEMS to coordinate multiple jurisdiction or multiple
				  agency emergency and disaster operations.
(b) Compliance with SEMS shall be documented
				  in the areas of planning, training, exercises, and performance.
(c) All applicants for reimbursement of
				  response-related personnel costs shall self-certify compliance with §
										2445,
				  2446,
				  2447, and
				  2448. This self-certification
				  shall be submitted in writing with the application.
(d) Evidence of compliance with SEMS as set
				  forth in §
										2445,
				  2446,
				  2447, and
				  2448 shall be available for
				  review.
(e) When the Cal OES
				  Director determines sufficient evidence exists to warrant a SEMS Compliance
				  review, a Review Team shall be established to evaluate the compliance with SEMS
				  of any local government which has requested funding of its response-related
				  personnel costs under disaster assistance programs, or any operational area or
				  state agency. The Cal OES Director shall notify the local government,
				  operational area, or state agency being evaluated, the SEMS Advisory Board, and
				  the fund(s) administrator of any disaster assistance program of the
				  establishment of the Review Team. At a minimum, participants on the Review Team
				  shall include peers of the entity being evaluated, Cal OES staff, and others
				  knowledgeable in emergency operations and SEMS. The Review Team shall meet with
				  the local government, operational area, or state agency being evaluated and
				  solicit all pertinent information. The team may also review records and
				  interview persons knowledgeable on the SEMS compliance activities of the entity
				  being evaluated. The Review Team shall report its findings to the local
				  government, operational area, or state agency that was evaluated, the SEMS
				  Advisory Board, and the Cal OES Director. This report must be issued within
				  ninety (90) days of the establishment of the Review Team.
(f) The SEMS Advisory Board shall examine the
				  Review Team's report within sixty (60) days of submittal of the report. The
				  SEMS Advisory Board shall also consider additional information pertinent to the
				  evaluation. The local government, operational area, or state agency being
				  evaluated may submit additional information to the Board, either verbally or in
				  writing. After consideration, the SEMS Advisory Board shall submit a
				  recommendation to the Cal OES Director. A copy of the recommendation shall be
				  forwarded to the local government, operational area, or state agency being
				  evaluated.
(g) The Cal OES Director
				  shall make a determination on whether or not the local government, operational
				  area, or state agency being evaluated was in compliance with SEMS. This
				  determination shall be forwarded to the local government, operational area, or
				  state agency being evaluated by certified letter within thirty (30) days of the
				  SEMS Advisory Board's recommendation. A copy of the determination shall be
				  provided to the fund(s) administrator of any disaster assistance
				  program.
1. New
					 article 7 and section filed 8-3-94; operative 9-2-94 (Register 94, No.
					 31).
2. Repealer and new section heading, section and NOTE filed
					 12-1-95; operative 12-31-95 (Register 95, No. 48).
3. Change without
					 regulatory effect amending subsections (e)-(g) and NOTE filed 5-12-2010
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2010, No. 20).
4. Change without regulatory
					 effect amending subsections (e)-(g) filed 5-5-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 19).
Note: Authority cited: Sections
						8585 and
						8607(a),
						Government Code. Reference: Sections
						8585,
						8607(e),
						8682.9 and
						8558(c),
						Government Code.