Section 2443 - General Provisions(a) Local government must use SEMS in order to be eligible for state funding of response-related personnel costs occurring in response to an incident as defined in § 2402(i). All state agencies shall use SEMS to coordinate multiple jurisdiction or multiple agency emergency and disaster operations.(b) Compliance with SEMS shall be documented in the areas of planning, training, exercises, and performance.(c) All applicants for reimbursement of response-related personnel costs shall self-certify compliance with § 2445, 2446, 2447, and 2448. This self-certification shall be submitted in writing with the application.(d) Evidence of compliance with SEMS as set forth in § 2445, 2446, 2447, and 2448 shall be available for review.(e) When the Cal OES Director determines sufficient evidence exists to warrant a SEMS Compliance review, a Review Team shall be established to evaluate the compliance with SEMS of any local government which has requested funding of its response-related personnel costs under disaster assistance programs, or any operational area or state agency. The Cal OES Director shall notify the local government, operational area, or state agency being evaluated, the SEMS Advisory Board, and the fund(s) administrator of any disaster assistance program of the establishment of the Review Team. At a minimum, participants on the Review Team shall include peers of the entity being evaluated, Cal OES staff, and others knowledgeable in emergency operations and SEMS. The Review Team shall meet with the local government, operational area, or state agency being evaluated and solicit all pertinent information. The team may also review records and interview persons knowledgeable on the SEMS compliance activities of the entity being evaluated. The Review Team shall report its findings to the local government, operational area, or state agency that was evaluated, the SEMS Advisory Board, and the Cal OES Director. This report must be issued within ninety (90) days of the establishment of the Review Team.(f) The SEMS Advisory Board shall examine the Review Team's report within sixty (60) days of submittal of the report. The SEMS Advisory Board shall also consider additional information pertinent to the evaluation. The local government, operational area, or state agency being evaluated may submit additional information to the Board, either verbally or in writing. After consideration, the SEMS Advisory Board shall submit a recommendation to the Cal OES Director. A copy of the recommendation shall be forwarded to the local government, operational area, or state agency being evaluated.(g) The Cal OES Director shall make a determination on whether or not the local government, operational area, or state agency being evaluated was in compliance with SEMS. This determination shall be forwarded to the local government, operational area, or state agency being evaluated by certified letter within thirty (30) days of the SEMS Advisory Board's recommendation. A copy of the determination shall be provided to the fund(s) administrator of any disaster assistance program.Cal. Code Regs. Tit. 19, § 2443
1. New article 7 and section filed 8-3-94; operative 9-2-94 (Register 94, No. 31).
2. Repealer and new section heading, section and NOTE filed 12-1-95; operative 12-31-95 (Register 95, No. 48).
3. Change without regulatory effect amending subsections (e)-(g) and NOTE filed 5-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 20).
4. Change without regulatory effect amending subsections (e)-(g) filed 5-5-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 19). Note: Authority cited: Sections 8585 and 8607(a), Government Code. Reference: Sections 8585, 8607(e), 8682.9 and 8558(c), Government Code.
1. New article 7 and section filed 8-3-94; operative 9-2-94 (Register 94, No. 31).
2. Repealer and new section heading, section and Note filed 12-1-95; operative 12-31-95 (Register 95, No. 48).
3. Change without regulatory effect amending subsections (e)-(g) and Note filed 5-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 20).
4. Change without regulatory effect amending subsections (e)-(g) filed 5-5-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 19).