California Code of Regulations
Title 2 - Administration
Division 2 - Financial Operations
Chapter 2.5 - Commission on State Mandates
Article 10 - Mandate Redetermination Process
Section 1190.2 - Review and Response

Universal Citation: 2 CA Code of Regs 1190.2

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

(a) Within 10 days of receipt of a complete request for mandate redetermination, Commission staff shall issue a written notice to the Department of Finance, Office of the State Controller, any affected state agency, the original test claimant, and any known interested party, that:

(1) A copy of the request for mandate redetermination has been posted on the Commission's website, and

(2) Written comments concerning the request for mandate redetermination may be filed within 30 days and evidence may also be presented at the hearing on the request for mandate redetermination.

(b) Content and Form. Written comments on the request for mandate redetermination shall contain the following documentary evidence, if applicable:

(1) If representations of fact are made, they must be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations.

(2) A copy of relevant portions of state constitutional provisions, state and federal statutes, and executive orders, and a copy of administrative decisions and court decisions that may impact the alleged mandate, unless the authorities are also cited in the request to adopt a new test claim decision. The specific statutes and chapters, articles, sections, and page numbers must be identified. Published court decisions arising from state mandate determinations by the Board of Control and the Commission, article XIII B, section 6 of the California Constitution, and Government Code sections 17500 et seq., are exempt from the requirements of this subsection. When an omnibus bill is relevant to the response, only the relevant pages of the statute, including the Legislative Counsel's Digest and the specific statutory amendments at issue shall be filed.

(c) Filing. Written comments and supporting documentation concerning a request for mandate redetermination shall be certified, filed, and served in accordance with Section 1181.3 of these regulations.

1. New 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).
2. Amendment of NOTE 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 (b)(2) and (c) filed 9-13-2016; operative 10-1-2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
4. Amendment of subsection (b)(1), repealer of subsection (c), subsection relettering and amendment of newly designated subsection (c) 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 filing and printing only pursuant to Government Code section 17527(g) (Register 2018, No. 9).
5. Editorial correction of HISTORY 4 (Register 2018, No. 18).
6. Amendment of subsections (a) and (b)(1)-(2) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).

Note: Authority cited: Sections 17527(g), 17553(a) and 17570(d), Government Code. Reference: Section 17570, Government Code.

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