Section 1187.15 - Reconsideration of an Adopted Decision on a Test Claim or Incorrect Reduction Claim(a) Notwithstanding section 1187.11(b) of these regulations, the Commission may order a reconsideration or amend all or part of an adopted decision on a test claim (including a new test claim decision adopted pursuant to a mandate redetermination) or incorrect reduction claim on petition of any party, interested party, or Commission member only upon a showing of new or different facts, circumstances, or law, or a clerical error. The power to order a reconsideration or amend an adopted decision on a test claim or incorrect reduction claim shall expire 30 days after the adopted decision is served on the claimant or requester. If additional time is needed to evaluate a petition for reconsideration filed before the expiration of the 30-day period, the Commission may grant a stay of that expiration for no more than 30 days, solely for the purpose of considering the petition. A request for reconsideration shall be deemed automatically stayed for the 30-day period. If no action is taken on a petition within the time allowed for ordering reconsideration, the petition shall be deemed denied.(b) All requests for reconsideration from any party or interested party shall be certified, filed, and served in accordance with section 1181.3 of these regulations and shall contain the following: (1) The name and address of the requester;(2) A copy of the Commission's adopted decision;(3) A detailed statement of the clerical error or the new or different facts, circumstances, or law supporting the request, and all documentation to support the request. For the purposes of this section, an alleged new or different law shall not include a later enacted statute without a retroactive application.(4) A description of the proposed amendment to the decision on the test claim or incorrect reduction claim; and(5) If representations of fact are made, they shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations.(c) Commission member requests may be made orally during a regularly scheduled Commission meeting. Commission staff shall prepare the written request based on the elements specified in subsections (b)(1-5) above.(d) Any signatory to a written agreement that settles a matter may not request reconsideration of that matter if the matter is settled with prejudice.(e) Before the Commission considers the request for reconsideration, Commission staff shall prepare a written analysis that includes a review of the request and written comments filed by other state agencies, interested parties, and the requester. The written analysis shall address whether the request for reconsideration is timely, complete, diligent, and is based on a clerical error or new or different facts, circumstances, or law that is likely to support an amendment to the findings or conclusions in the adopted decision on the test claim or incorrect reduction claim, and include a recommendation on whether or not the request for reconsideration should be granted. The Commission shall consider the request for reconsideration and the written staff analysis at a scheduled meeting. Five affirmative votes shall be required to grant the request for reconsideration and schedule the request for a second hearing on the merits.(f) If the Commission grants the request for reconsideration, a second hearing shall be conducted to determine if the adopted decision on a test claim or incorrect reduction claim must be amended based on a clerical error or new or different facts, circumstances, or law.(1) The following procedures shall govern the Commission's reconsideration of the adopted decision:(A) At least eight weeks before the Commission is scheduled to reconsider an adopted decision, or at another time determined by the executive director, Commission staff shall prepare a draft proposed decision and issue it to those on the mailing list for the matter established pursuant to section 1181.4 of these regulations.(B) Written comments may be filed with the Commission on the draft proposed decision. All representations of fact shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations. Written comments shall be certified, filed, and served in accordance with section 1181.3 of these regulations. 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. All written comments timely filed shall be reviewed by Commission staff and may be incorporated into the proposed decision presented to the Commission.(2) The procedures set forth in article 7 shall govern the Commission's hearings and decisions process, except that five affirmative votes shall be required to amend an adopted decision on a test claim or incorrect reduction claim.(g) If the Commission changes an adopted decision on a test claim, the procedures set forth in Sections 1183.7 through 1183.14 of these regulations shall govern the adoption of parameters and guidelines or amended parameters and guidelines, and the statewide cost estimate, if applicable.(h) Failure to seek Commission reconsideration of an adopted decision shall not affect a party's right to seek judicial review pursuant to Government Code section 17559(b).(i) This section only applies to reconsiderations requested pursuant to Government Code section 17559(a); it does not apply to remands or reconsiderations directed by the courts or by statute.Cal. Code Regs. Tit. 2, § 1187.15
1. 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).
2. Amendment of section heading, section and 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).
3. Amendment of subsections (i) and (j) filed 9-13-2016; operative 10-1-2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
4. Amendment of subsection (c), New subsection (c)(5) and amendment of subsection (g)(1)(B) 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 section heading and section filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4). Note: Authority cited: Sections 17527(c), 17527(g), 17553(a) and 17559(a), Government Code. Reference: Sections 17532, 17551 and 17559, Government Code.
1. 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).
2. Amendment of section heading, section and 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).
3. Amendment of subsections (i) and (j) filed 9-13-2016; operative 10/1/2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
4. Amendment of subsection (c), new subsection (c)(5) and amendment of subsection (g)(1)(B) 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 section heading and section filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).