Cal. Code Regs. tit. 2 § 1182.2

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1182.2 - Filing of an Application for a Finding of Significant Financial Distress
(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.
(d) The written narrative shall be submitted under penalty of perjury. 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.
(e) Each page of the application, including all supporting documentation, shall be consecutively numbered.
(f) The original application, including all supporting documentation, shall be unbound and single-sided.
(g) The executive director shall notify an applicant within 10 days of receipt of an application whether its application is incomplete. If the application is incomplete, the executive director may return the application to the county. An application shall be considered incomplete if the elements in subdivisions (b) through (f) of this section have not been satisfied, are illegible or are not included. The requirements for Commission public hearings and decisions, as set forth in Welfare and Institutions Code section 17000.6(c), apply only to complete applications.
(h) Within 10 days of receipt of a completed application, the executive director shall notify the applicant that the application is complete, and notify the applicant of the schedule. The executive director shall also send the application to interested persons located in the applicant county.
(i) Prior to filing an application, a county may request a tentative date for conducting the hearing in the county. If a complete application is not received by a specified date, a new tentative hearing date may be set.

Cal. Code Regs. Tit. 2, § 1182.2

1. Renumbering of former section 1182.2 to new section 1182.1 and renumbering of former section 1182.3 to new section 1182.2 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).
4. Amendment of subsections (b) and (d) filed 2-27-2018; operative 4-1-2018 pursuant to Government Code section 11343.4(a). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2018, No. 9).
5. Editorial correction of HISTORY 4 (Register 2018, No. 18).
6. Amendment of subsection (b) filed 7-11-2022; operative 10-1-2022. Submitted to OAL for filing and printing only pursuant to Government Code section 17527 (Register 2022, No. 28).

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.

1. Renumbering of former section 1182.2 to new section 1182.1 and renumbering of former section 1182.3 to new section 1182.2 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).
4. Amendment of subsections (b) and (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 for filing and printing only pursuant to Government Code section 17527(g) (Register 2018, No. 9).
5. Editorial correction of History 4 (Register 2018, No. 18).
6. Amendment of subsection (b) filed 7-11-2022; operative 10/1/2022. Submitted to OAL for filing and printing only pursuant to Government Code section 17527 (Register 2022, No. 28).