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 2698.56 - Budget Proposal

Universal Citation: 10 CA Code of Regs 2698.56

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

The proposed budget forms the basis for program management and audit and must be presented in line-item detail and cover the period from July 1 through June 30. The budget may include a line item for an independent audit to be completed at the end of the program period. The district attorney's budget shall include, but need not be limited to, the following:

(a) Those salaries and benefits which are computed at the county salary and benefit schedule.

(b) Operation support costs.

(1) Estimated costs shall be listed by line item.

(2) Itemized costs shall conform to county policy regarding appropriateness of expenditures.

(3) Allowable costs are those costs incurred in district support of local program activities, including program related travel, equipment costs proportional to their program-related use, facilities cost, expert witness fees, audits.

(c) Indirect costs, including those costs not readily itemized but necessary to the local program operation may not exceed ten percent (10%) of personnel salaries (excluding benefits and overtime) or five percent (5%) of total direct program costs (excluding equipment). Counties must have on file an approved indirect cost allocation plan specifying how the rate was established, supported by formal accounting records to substantiate the charges. Indirect costs may not include any line item charged as a direct cost.

(d) Non-allowable budget items include:

(1) Real property purchases ands improvements;

(2) Aircraft or motor vehicles, except the purchase of motor vehicles which is specifically justified to the Commissioner;

(3) Interest payments;

(4) Food and beverages, except as purchased in connection with program-related travel;

(5) Weapons or ammunition unless included as part of a benefit package.

(e) Program funds must be used to support enhanced investigation and prosecution of workers' compensation insurance fraud and shall not be used to supplant funds which, in the absence of program funds, would be made available for any portion of the local workers' compensation insurance fraud program. Budget modifications are allowable so long as they do not change the grant award amount.

(f) Budget modifications are allowable so long as they do not change the grant award amount.

1. New section filed 10-8-93; operative 11-8-93 (Register 93, No. 41).
2. Amendment of subsection (c) 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 (c) 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, including further amendment of subsection (c), 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.

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