Statutes, codes, and regulations
California Code Of Regulations
Title 2 - AdministrationDivision 2 - Financial OperationsChapter 2.5 - Commission on State Mandates
Article 6 - State Mandates Apportionment System
Section 1186.7 - Adjustment to Apportionment

Cal. Code Regs. tit. 2 § 1186.7

Download
PDF
Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1186.7 - Adjustment to Apportionment
(a) The Commission, after reviewing an apportionment or base year entitlement and conducting at least one hearing in accordance with article 7 of these regulations, shall adopt a finding that the apportionment or base year entitlement will or will not be adjusted.
(b) If the Commission determines that a local agency or school district's apportionment falls short of reimbursing all mandates upon which the apportionment or base year entitlement is based by 20 percent or by $1,000, whichever is less, then the Commission shall direct the Controller to adjust the apportionment accordingly.
(c) If the Commission determines that a local agency or school district's apportionment adequately reflects the costs incurred by the local agency or school district for all mandates upon which that apportionment is based, the Commission may, in its discretion, direct the Controller to withhold the costs of the Commission's review from the next apportionment to the local agency or school district. A direction to withhold costs from the next apportionment will be made only when the Commission determines that the request to review an apportionment was frivolous and without merit.

Cal. Code Regs. Tit. 2, § 1186.7

1. New section filed 12-16-93 as an emergency; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 17527(g) (Register 93, No. 51). A Certificate of Compliance must be transmitted to OAL by 5-1-94 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). Submitted to OAL for printing only. A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-26-94 order transmitted to OAL 6-10-94 and filed 7-14-94 (Register 94, No. 28).
4. Amendment of section heading, section and NOTE filed 1-26-99; operative 1-26-99. Submitted to OAL for printing only (Register 99, No. 5).
5. 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).
6. 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).
7. Amendment of subsection (b) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).

Note: Authority cited: Sections 17527(g) and 17615.8(a), Government Code. Reference: Section 17615.8, Government Code.

1. New section filed 12-16-93 as an emergency; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 17527(g) (Register 93, No. 51). A Certificate of Compliance must be transmitted to OAL by 5-1-94 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). Submitted to OAL for printing only. A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-26-94 order transmitted to OAL 6-10-94 and filed 7-14-94 (Register 94, No. 28).
4. Amendment of section heading, section and Note filed 1-26-99; operative 1-26-99. Submitted to OAL for printing only (Register 99, No. 5).
5. 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).
6. 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).
7. Amendment of subsection (b) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).