Section 1184.1 - Review of Office of State Controller's Claiming Instructions(a) Upon request of a local agency or school district, the Commission shall review claiming instructions issued by the Office of State Controller.(b) A request to review claiming instructions shall include the following:(1) A copy of the disputed claiming instructions.(2) If available, correspondence or other documentation that verifies the local agency or school district sought to resolve the dispute through the Office of State Controller.(3) A narrative that details the suggested changes and the reasons why the local agency or school district finds the claiming instructions need to be modified.(4) The name, address, telephone number, and e-mail address of the agency contact person.(c) An original request to review claiming instructions 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.(d) Within 10 days of receipt of a request to review claiming instructions, Commission staff shall notify the local agency or school district that filed the request if the filing is complete or incomplete. A request to review the claiming instructions shall be considered incomplete if any of the elements required in subdivision (b) or (c) of this section are illegible or not included. Incomplete requests shall be returned to the local agency or school district. If a complete request is not received by the Commission within 30 days from the date the incomplete request was returned, the executive director may deem the request withdrawn.(e) Within 10 days of receipt of a complete request to review claiming instructions, Commission staff shall issue a copy to all persons who are on the mailing list described in section 1181.4 of these regulations. Commission staff shall provide notice that written comments concerning the request to review claiming instructions may be filed within 30 days of service of the notice of complete filing. A copy of the notice shall also be posted on the Commission's website.(f) Written comments 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.(g) Within 30 days of service of the written comments, the requester may file a written rebuttal to the Commission which 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.(h) Before hearing a request to review claiming instructions, Commission staff shall prepare a draft proposed decision that shall include a review of the request and any comments filed, and a staff recommendation on whether the request should be approved or denied.(i) The requester and any state agency or interested party may file written comments on the draft proposed decision. Written comments shall be certified, filed, and served in accordance with section 1181.3 of these regulations, by the date determined and noticed by the executive director. If representations of fact are made, they shall be supported by documentary or testimonial evidence in accordance with section 1187.5 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 on the request to review and modify the claiming instructions.(j) It is the Commission's policy to discourage the introduction of late comments, exhibits, or other evidence filed after the three-week comment period described in subdivision (i) of this section. The Commission need not rely on, and staff need not respond to, late comments, exhibits, or other evidence filed in response to a draft proposed decision after the comment period expires.(k) The Commission shall conduct a hearing in accordance with article 7 of these regulations on the request to review claiming instructions.(l) If the Commission determines that the claiming instructions need to be modified, the Commission shall direct the Office of State Controller to modify the claiming instructions to conform to the parameters and guidelines.(m) An approved change to the claiming instructions shall be subject to the following schedule: (1) A request for review filed before the deadline for initial claims as specified in the claiming instructions shall apply to all years eligible for reimbursement as defined in the original parameters and guidelines.(2) A request for review filed after the initial claiming deadline must be filed on or before the annual reimbursement claim filing deadline set out in Government Code section 17560 following a fiscal year to establish eligibility for reimbursement for that fiscal year.(n) A request to review claiming instructions may be withdrawn by written application to the executive director any time before a decision is adopted or by oral application at the time of hearing. The requesters shall file and serve the written application in accordance with section 1181.3 of these regulations. Commission staff shall post a copy of the notice on the Commission's website for 60 days prior to dismissal of the request to review claiming instructions. If no other local agency or school district takes over the request to review claiming instructions by substitution of parties within 60 days of service and posting of the application to withdraw, the executive director shall issue a letter to everyone on the mailing list described in section 1181.4 of these regulations dismissing the request to review claiming instructions and shall post the letter on the Commission's website.Cal. Code Regs. Tit. 2, § 1184.1
Note: Authority cited: Sections 17527(g) and 17527(h), Government Code. Reference: Sections 17530, 17560 and 17571, Government Code.
Note: Authority cited: Sections 17527(g) and 17527(h), Government Code. Reference: Sections 17530, 17560 and 17571, Government Code.
1. New article 4 (section 1184.1) and 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). For prior history of article 4 (sections 1184-1184.2), see Register 2005, No. 36.
2. Amendment of subsections (h) and (i) 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 (c), (f), (g) and (i) 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).
4. Editorial correction of History 3 (Register 2018, No. 18).
5. Amendment of subsections (c)-(g), (i)-(j) and (m)(2) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).
6. Amendment of subsection (d) filed 5-9-2024; operative 7/1/2024 (Register 2024, No. 19).