Statutes, codes, and regulations
California Code Of Regulations
Title 2 - AdministrationDivision 2 - Financial OperationsChapter 2.5 - Commission on State Mandates
Article 5 - Incorrect Reduction Claims
Section 1185.2 - Review of Incorrect Reduction Claims

Cal. Code Regs. tit. 2 § 1185.2

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1185.2 - Review of Incorrect Reduction Claims
(a) Within 10 days of receipt of an incorrect reduction claim, Commission staff shall notify the claimant if the incorrect reduction claim is complete or incomplete. Incorrect reduction claims will be considered incomplete if any of the requirements of section 1185.1 are illegible or not included or if the requirements of those subdivisions are not met. Incomplete incorrect reduction claims shall be returned to the claimant. If a complete incorrect reduction claim is not received by the Commission within 30 days from the date the incomplete claim was returned to the claimant, the executive director shall deem the filing to be withdrawn.
(b) Any incorrect reduction claim, or portion of an incorrect reduction claim, that the Commission lacks jurisdiction to hear for any reason, including that the incorrect reduction claim was not filed within the period of limitation required by section 1185.1(c) of these regulations, may be rejected or dismissed by the executive director with a written notice stating the reason therefor.
(c) Within 10 days of receipt of a complete incorrect reduction claim, Commission staff shall provide a copy of the claim to the Office of State Controller.
(d) Commission staff shall notify the Office of State Controller that written comments and supporting documentation in connection with an incorrect reduction claim shall be filed no more than 90 days from the date the copy of the claim is provided to the Office of State Controller. Written comments and supporting documentation 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 in accordance with section 1187.5 of these regulations.
(e) The claimant and interested parties may file written rebuttals to the Office of State Controller's comments within 30 days of service of the Office of State Controller's comments. Written rebuttals and supporting documentation 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 in accordance with section 1187.5 of these regulations.

Cal. Code Regs. Tit. 2, § 1185.2

1. New section filed 5-8-2007; operative 5-8-2007 pursuant to Government Code section 11343.4. Submitted to OAL for printing only (Register 2007, No. 19). For prior history, see Register 2003, No. 17.
2. Amendment of section heading and repealer of subsections (e)-(g) filed 10-27-2010; operative 1-1-2011. Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2010, No. 44).
3. 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).
4. Amendment of subsection (a), redesignation of portion of subsection (c) as new 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).
5. Amendment of subsection (a), new subsection (b), subsection relettering and amendment of NOTE filed 9-13-2016; operative 10-1-2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
6. Amendment of subsections (d) and (e) 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).
7. Editorial correction of HISTORY 6 (Register 2018, No. 18).
8. Amendment of subsections (d)-(e) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).
9. Amendment of subsections (a)-(b) filed 8-16-2021; operative 10-1-2021 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 (Register 2021, No. 34).

Note: Authority cited: Sections 17527(g) and 17553(a), Government Code. Reference: Sections 17551(d), 17553(d), 17558.5(c) and 17558.7(a), Government Code.

1. New section filed 5-8-2007; operative 5-8-2007 pursuant to Government Code section 11343.4. Submitted to OAL for printing only (Register 2007, No. 19). For prior history, see Register 2003, No. 17.
2. Amendment of section heading and repealer of subsections (e)-(g) filed 10-27-2010; operative 1-1-2011. Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2010, No. 44).
3. 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).
4. Amendment of subsection (a), redesignation of portion of subsection (c) as new 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).
5. Amendment of subsection (a), new subsection (b), subsection relettering and amendment of Note filed 9-13-2016; operative 10/1/2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
6. Amendment of subsections (d) and (e) 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).
7. Editorial correction of History 6 (Register 2018, No. 18).
8. Amendment of subsections (d)-(e) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).
9. Amendment of subsections (a)-(b) filed 8-16-2021; operative 10/1/2021 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 (Register 2021, No. 34).