Cal. Code Regs. tit. 23 § 2812

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 2812 - General Procedures for Reimbursement
(a) The Board will issue eligible claimants a letter of commitment that will obligate funds for eligible corrective action costs, regulatory technical assistance costs, third party compensation costs, or any combination of the foregoing. Issuance of a letter of commitment does not guarantee that the costs claimed in the application are eligible or will be reimbursed by the Fund.
(b) After being issued a letter of commitment, a claimant may submit a request for reimbursement of costs incurred to date.
(c) A claimant may submit reimbursement requests on an on-going basis for eligible costs provided that the requests are for $10,000 or more, and not made more than once a month except for final payment.
(d) Reimbursement requests must include invoices and auxiliary documentation that demonstrate to the Division's satisfaction that the corrective action and regulatory technical assistance costs claimed by a claimant are eligible. Invoices must include, at a minimum, all of the following:
(1) a brief description of the work performed;
(2) the date when the work was performed;
(3) the consultant's or contractor's name and address;
(4) the name or initials of the person performing the work;
(5) the job classification or title and hourly rate of the person performing the work;
(6) the hours charged for each task per day;
(7) the cost amount of the work performed;
(8) if the invoice is for telephone calls or meetings and is submitted to support a request for reimbursement of regulatory technical assistance costs, then the invoice must identify the subject of the telephone calls or meetings and the person contacted; and
(9) if the invoice identifies typical overhead costs (such as clerical support, copying costs, postage costs, and telephone costs) as distinct costs, then documentation should be submitted explaining why these costs are not included in the billed rate.
(e) A claimant may name a designated representative as a co-payee for payments from the Fund. In such cases, the Board will issue payments jointly to the claimant and the designated representative.
(f) Within 60 days of the receipt of a properly documented reimbursement request, the Board will pay for reasonable and necessary costs or inform the claimant of the Board's basis for rejecting the costs.
(g) Within 30 days of receipt of reimbursement from the Fund a claimant must pay all reimbursed costs incurred by the claimant, but not yet paid. If a claimant has not paid such costs within 30 days, the claimant shall return the unpaid funds to the Board.
(h) In the event of an overpayment of a claim, the claimant shall repay the overpayment within 20 days of request as provided by Government Code section 12419.

Cal. Code Regs. Tit. 23, § 2812

1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. New subsections (d)-(d)(4) and subsection relettering filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
4. Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
5. Amendment of subsections (d)(8) and (g) and amendment of NOTE filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).

Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.13, 25299.37(d), 25299.55, 25299.56 and 25299.57, Health and Safety Code.

1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History1. (Register 92, No. 43).
3. New subsections (d)-(d)(4) and subsection relettering filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
4. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
5. Amendment of subsections (d)(8) and (g) and amendment of Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).