California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 10 - Mandate Redetermination Process › Section 1190.5 - Hearing Process and Form of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding any other provision of these regulations,
					 mandate redetermination process hearings and decisions shall be subject to
					 article 7 of these regulations. There shall be a two-step hearing process for
					 requests to adopt a new test claim decision as follows:
(a) The First Hearing:
(1) The first hearing shall be limited to the
				  issue of whether the requester has made an adequate showing that identifies a
				  subsequent change in law as defined by Government Code section
				  17570,
				  material to the prior test claim decision, which may modify the state's
				  liability pursuant to article XIII B, section
				  6(a) of the
				  California Constitution. The Commission shall find that the requester has made
				  an adequate showing if it finds that the request, when considered in light of
				  all of the written comments and supporting documentation in the record of this
				  request, has a substantial possibility of prevailing at the second
				  hearing.
(2) At least eight weeks
				  before the hearing or at another time required by the executive director or
				  stipulated to by the parties, Commission staff shall prepare a draft proposed
				  decision and issue it to the parties, interested parties, and any person who
				  requests a copy, and shall post it on the Commission's website. A request for
				  mandate redetermination is set for the first hearing when Commission staff
				  issues its draft proposed decision. A written notice of the date, time, and
				  place of the first hearing shall be served on everyone on the mailing list
				  described in section
				  1181.4 of these regulations and
				  posted on the Commission's website.
(3) Written comments concerning the draft
				  proposed decision may be filed with the Commission. Written comments shall be
				  certified, filed, and served in accordance with section
				  1181.3 of these regulations, by the
				  date determined and noticed by the executive director. A three-week period for
				  comments shall be given, subject to the executive director's authority to
				  expedite all matters pursuant to Government Code section
				  17530. If
				  representations of fact are made, they shall be supported by documentary or
				  testimonial evidence in accordance with section
				  1187.5 of these regulations. All
				  written comments timely filed shall be reviewed by Commission staff and may be
				  incorporated into the proposed decision of the request to adopt a new test
				  claim decision.
(A) It is the Commission's
				  policy to discourage the introduction of late comments, exhibits, or other
				  evidence filed after the three-week comment period described in subdivision
				  (a)(3) of this section. The Commission need not rely on, and staff need not
				  respond to, late comments, exhibits, or other evidence filed in response to a
				  draft proposed decision.
(4) Before the first hearing on the request
				  for mandate redetermination, Commission staff shall prepare a proposed decision
				  limited to the issue of whether the requester has made a showing that
				  identifies a subsequent change in law, material to the prior test claim
				  decision, which may modify the state's liability pursuant to article XIII B,
				  section 6(a) of the
				  California Constitution. This proposed decision shall consider the request,
				  written comment, rebuttals and supporting documentation filed by the parties
				  and interested parties. The proposed decision for the first hearing shall find
				  that the requester has made an adequate showing if staff finds that the
				  request, when considered in light of all of the written comments and supporting
				  documentation in the record of this request, has a substantial possibility of
				  prevailing at the second hearing.
(5) If, at the first hearing, the Commission
				  finds that:
(A) The requester has not made an
				  adequate showing, when considered in light of all of the written comments,
				  rebuttals and supporting documentation in the record and testimony at the
				  hearing, that the request for mandate redetermination has a substantial
				  possibility of prevailing at the second hearing, the Commission shall issue a
				  decision denying the request for mandate redetermination.
(B) The requester has made an adequate
				  showing, when considered in light of all of the written comments, rebuttals,
				  and supporting documentation in the record and testimony at the hearing, the
				  Commission shall issue a decision finding that an adequate showing has been
				  made and setting the second hearing on whether the Commission shall adopt a new
				  test claim decision to supersede the previously adopted test claim
				  decision.
(6) Everyone on
				  the mailing list described in section
				  1181.4 of these regulations shall
				  be issued written notice that the Commission's decision has been posted on the
				  Commission's website and, if applicable, that the date, time, and place of the
				  second hearing have also been posted on the Commission's
				  website.