California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 9 - Insurance Fraud
Article 3 - Program for Investigation and Prosecution of Workers' Compensation Insurance Fraud
Section 2698.53 - Funding Procedure
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Funding shall be in the form of a Grant Award Agreement and shall require an enabling resolution approving and authorizing execution of the agreement by the county Board of Supervisors.
(b) Funding shall be distributed on an annual basis in July and funding shall be contingent upon the adoption of each annual State Budget Act and the collection of assessments.
(c) Any portion of distributed funds not used for local program purposes at the termination of each program period as specified in the Request for Application shall be returned to the Workers' Compensation Fraud Account in the Insurance Fund to be reprogrammed for use in the subsequent program year for local program purposes. Counties shall provide the Department with an estimate of unused funds within sixty (60) days after the termination of the program period and shall complete the transfer of funds to the Insurance Fund within thirty (30) days after the completion of the final audit.
(d) A district attorney who has undertaken investigations and prosecutions which will continue into a subsequent year may carry over into the subsequent year distributed but unused funds not exceeding twenty-five percent (25%) of the total annual finding, provided that the district attorney specifies and justifies in writing to the Commissioner how those funds will be used (1) at the end of the program period and (2) at the time of the subsequent application. In the event that distributed, but unused, funds exceed twenty-five (25%) of the previous total annual funding, due to extenuating circumstances, the Commissioner shall consider and approve requests for carry-over to the extent that the district attorney provides justification.
1. New section
filed 10-8-93; operative 11-8-93 (Register 93, No. 41).
2. Amendment of
subsection (b) filed 3-30-2006 as an emergency; operative 3-30-2006 (Register 2006,
No. 13). A Certificate of Compliance must be transmitted to OAL by 7-28-2006 or
emergency language will be repealed by operation of law on the following
day.
3. Amendment of subsection (b) refiled 7-28-2006 as an emergency;
operative 7-28-2006 (Register 2006, No. 30). A Certificate of Compliance must be
transmitted to OAL by 11-27-2006 or emergency language will be repealed by operation
of law on the following day.
4. Certificate of Compliance as to 7-28-2006
order transmitted to OAL 11-22-2006 and filed 1-8-2007 (Register 2007, No.
2).
Note: Authority cited: Section 1872.83, Insurance Code; CalFarm Insurance Company, et al. v. Deukmejian, et al. (1989) 48 Cal.3d 805, 824. Reference: Section 1872.83, Insurance Code.
